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Home My WebLink About20142034.tiff AGREEMENT FOR CONSTRUCTION OF BUILDING THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"),and Clark Enterprises Construction.whose address is 80 Factory Road, Eaton, CO 80615 ("Contractor"). WHEREAS,County desires to retain Contractor as an independent contractor to construct a building as more particularly set forth below; and WHEREAS,Contractor is willing to perform the construction according to the terms of this Agreement. NOW THEREFORE,in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Fnvavement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. TTerm. The term of this Agreement shall be from the date of signature hereunder to and until completion of said construction, which Contractor estimates will be no later than January 31,2015. 3. Services to be nerformed. Contractor agrees to perform the Services listed or referred to in Exhibit A,attached hereto and incorporated herein. Exhibit A also includes details originally included in the bid scope of work that is not included in this Agreement. 4. Compensation. a. County agrees to pay Contractor the sum of$150,255.00 for the building construction. b. Payment to Contractor will be made upon billing by Contractor on a monthly basis for materials provided and labor completed, with a five percent (5%) retainage of the total building sum (excluding cost of bonding). Amounts retained by County shall be paid to Contractor within ten(1O)days of the issuance of the final Certificate of Occupancy on the building. Each monthly billing shall include a full description of materials provided and labor completed specifically showing"total amount this billing," "completed to date," and "remainder to complete." c. Permit fees shall be paid separately by County. 5. Additional Work. In the event the County requires changes in the work to be performed and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be emu t* ta (rr� Lary - zul l 0 8//3 E 6 °o•}°, negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Jndenendent Contractor, Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization,express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County. nor is Contractor entitled to any employee benefits from County as a result of the execution of this Agreement. 7. Warranty, Contractor provides a one (1)year full warranty on workmanship. A manufacturer's warranty is provided on all materials and said warranty shall be forwarded to County by Contractor. 8. Reports County Property, All reports, test results and all other tangible materials produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 9. Acceptance of Product not a Waiver Upon completion of the work, acceptance by County of the construction detailed in this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for, any services performed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 10. Jnsurance and Indemnificatiot Contractor shall adequately protect the work and the public during construction. Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary workers'compensation insurance at Contractor's own cost and expense. 11. General Provisions. a. Contractor agrees to provide all labor and described materials for the Scope of Work set forth in Exhibit A. b. Contractor shall re-execute any work that fails to conform to the requirements of the Scope of Work in Exhibit A. c. Contractor shall remove all related construction debris from the building site on a regular basis during construction. , d. To the extent required by law,all work shall be performed by individuals licensed and authorized by law to perform the work detailed in Exhibit A. Contractor may let other contracts in connection with the work to be performed pursuant to this Agreement 12. Non-Assignment. Contractor may not assign or transfer this Agreement without the prior written approval of County. 13. Access to Records. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit Such records shall be complete and available for audit ninety(90)days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 15. Interuntions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond its reasonable control, including but not limited to Acis of God, fires,strikes,war,flood,earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 17. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies,procedures,and practices of County. 18. Non-Exclusive Agreement This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Certification. Contractor certifies that Contractor is not an illegal immigrant,and further,Contractor represents,warrants,and agrees that it has verified that Contractor does not employ any illegal aliens. I fit is discovered that Contractor is an illegal immigrant,employs illegal aliens or subcontracts with illegal aliens,County can terminate this Agreement and Contractor may be held liable for damages. 20. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respett to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,representation,and understanding or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Ftndinn Contingency No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. $everability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable,this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity, No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 25. Po Third Party Beneficiary It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year written below. CONTRACT By: Ti : Al I LSSi'" i ue BOARD OF COUNTY CLERK TO THE BOARD COMMISSIONERSOF WELD COUNTY By: Deputy Clerk t e Board, Dougla4 Rademache, Chairman AUG 1 3 2014 11,61 t '+ll cRO/1-1, a oaf DD% Western Surety Company PERFORMANCE BOND Bond NjrnJser: 71572629 KNOW ALL PERSONS BY THESE PRESENTS, That we Clark Enterprises Construction Company of 80 Factory Road, Eaton, CO 80615 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto County of Weld Of 1150 0 St. , Greeley, CO 80632 , hereinafter One Hundred Fifty Thousand Two Hundred Fifty-Five and referred to as the Obligee, in the sum of 00/100 Dollars ($ 150,255. 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 23rd day of July 2014 , for Peckham Grader Shed, 20488 WCP 33_ Peckham- CO 80645 • • NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null • and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 5th day of August 2014 . Clark Enterprises Construction Company nn �I) / r (Seal) stern Surety Company ( ty TV (S,rety) LLINE REN E MC R Y S Attorney-in-Fact o SUUiH�'' Form F4597 ODD' Western Surety Company PAYMENT BOND Bond Number: 71572629 KNOW ALL PERSONS BY THESE PRESENTS, That we Clark Enterprises Construction Company of BO Factory Road, Eaton, CO 80615 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto County of Weld of 1150 0 St. , Greeley, CO 80632 , hereinafter One Hundred Fifty Thousand Two Hundred Fifty-Five referred to as the Obligee, in the sum of and 00/100 Dollars ($150,255.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 23rd day of July 2014 , for Peckham Grader Shed, 20488 WCR 33, Peckham, CO 80645 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) 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. (b) 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. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 5th day of August 2014 Clark Enterprises Construction Company CP �Sv flY (Seal) C•_ratilitA 'h,;. - — 'L�i► TE - ,We ern Surety Company • (S i� r yo` By (Seal) S•UT"� DALLINE R NEE MC RE DS Attorney-in-Fact Western Surety Company POWER OF ATTORNEY- CERTIFIED COPY Bond No. 71572629 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint DALLINE RENEE MC REYNOLDS its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Clark Enterprises Construction Company Obligee: County of Weld Amount: $500,000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary,Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of April 30 , 2015 ,but until such time shall be irrevocable and in full force and effect. • In Witness Whereof,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Britt,and its • corporate sel_�p.igsaffixed this 5th day of August 2014 i} �v WEST SURE COMPANY / Paul T. ruflat,Vice President ,.t.,- sTl ta'`SQ[JT 1 ®TA 1y —se. 'F gil� / se C OiTN'I'�:s�� l�"IAIIA On this 5th day of Aucu S t ,in the year 2014 ,before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co a S. PETRIK $ • • •!ate NQWRY PUBLICa•� otary Public-South Dakota •x'7-'3 SOUTH DAKOTA4Y J• My Commission Expires August 11,2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 5th day of August , 2014 �Susery WEST " R1� SURE COMPANY ` Pau T. ��' z * SEAL <• Paul uflat,Vice President Form F5306-8-2012 ,p - * • ACKNOWLEDGMENT OF SURETY STATE OF Colorado Iss (Attorney-in-Fact) Bond No. 7.15.72623 COUNTY OF Lar imer nn — ,• � ^_.}}- ^ On this 5 day of l�t�l i V , 1Y01 4 , before me, a notary public in and for said County, personally appeared (J DALLTNF RENEE MC REYNOLDS to me personally known and being by me duly sworn, did say, that he/she is the Attorney-in-Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said DALLINE RENEE MC REYNOLDS acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Love land Colorado , the day and year last above written. My commission expires Avtvsl- e , Ae I !o ins ) - Notary Public Form 106-9-2013 esSOMI 4 DEBRA S BERRY Il NOTARY PUBLIC TATE OF COLORADO I0.1'.'CCOTARY ID M 0 c 65N HId �Dn'-\N > AU 402., T34.11, 019 ACORDa CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 08/08/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Renee McReynol ds Ewing-Leavitt Insurance Agency PHHOONE,E,q; 970.679.7344 g_ y a�,N );866.425.6180 4025 St. Cloud Dr. DRESS: renee-mcreynolds@leavitt.com Suite 100 INSURER(s)AFFORDINGCOVERAGE NAIC# Loveland, CO 80538 INSURER A: Allied Group 10127 INSURED Clark Enterprises Construction Co. INSURERS: Pinnacol Assurance 41190 • 80 Factory Rd. INSURER C: Zurich 16535 Eaton, CO 80615 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 14-15 REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADULSU POLICY EFT POLICY EXP LIMITS LTRINSR MD POLICY NUMBER (MM/DDIYYYY) (MMIDD/YYYY) GENERAL LIABILITY ACP756 3133328 01/13/2014 01113/2015 EACH OCCURRENCE $ 1,000,000 HEN X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR INCL $50,000 LEASED MED EXP(Any one person) $ 5,000 A X Blkt Addl Insureds AND RENTED EQUIPMENT PERSONAL 8.ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 7 POLICY X jE0T LOC $ AUTOMOBILE LIABILITY ACP7563133328 01/13/2014 01/13/2015 4Ea SINLm)INGLL LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED BODILY INJURY(Par accident) $ AUTOS _ AUTOS NON-ONNED HHUaE accident) DAMAGE $ X HIRED AUTOS X AUTOS (Per auitlenn $ X UMBRELLA LIAB X OCCUR ACP756313332801/13/2014 01113/2015 EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTION$ None $ WORKERS COMPENSATION 233007010/01/2013 10/01/2014 X I TORYUMITS IUER 1H AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIV E.L.EACH ACCIDENT $ 100,000 B OFFICER/MEMBER EXCLUDED? I NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 Builders' Risk - BR70800760continuous C Reporting, Continuous $3,000,000 any one structure policy subject to $1,000 deduct DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County 1150 0 Street 20488 WCR 33 AUTHORIZED REPRESENTATIVE l7"• �J Peckham Grader Shed �P Peclkham, CO 80645 Renee McReynolds/RESTEI ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD i86i • DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 '!I U/' G b u N T Y WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 14, 2014 To: Board of County Commissioners From: Toby Taylor Subject: Peckham Grader Shed/Steel Framed; Bid #B1400126 As advertised, this bid is to construct a new steel framed grader shed at the new Peckham location. The low bid received was from Clark Enterprises and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded Clark Enterprises for$150,255.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director WELD COUNTY PURCHASING 861 ~r 1150 O Street Room #107, Greeley CO 80631 E-mail: mwalters(a)co.weld.co.us E-mail: reverettt7a.co.weld.co.us . Phone: (970) 356-4000, Ext 4222 or 4223 %1 Go u N?Y Fax: (970) 336-7226 e DATE OF BID: JULY 8TH, 2014 REQUEST FOR: PECKHAM GRADER SHED/STEEL FRAMED DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #B1400126 PRESENT DATE: JULY 9TH, 2014 APPROVAL DATE: JULY 23RD, 2014 VENDOR TOTAL PROJECT COST CLARK ENTERPRISES $150,255.00 80 FACTORY RD EATON CO 80615 CG CONSTRUCTION CO $192,460.00 14571 WILLIAMS ST THORNTON CO 80602 D & S STEEL BLDGS CO $198,042.00 1503 2ND AVE GREELEY CO 80631 JBLANCO ENTERPRISES INC $200,929.61 4065 S FEDERAL BLVD SHERIDAN CO 80110 SHAUER CONSTRUCTION CO INC $276,284.00 104 PRO RODEO DR SUITE 120 COLO SPRINGS CO 80919 TOBY TAYLOR/BLDGS & GROUNDS IS REVIEWING THE BIDS AT THIS TIME. 2014-203 y 160070 Hello