HomeMy WebLinkAboutbocc.con.041.1975 • AWARF CONTRACT AND NOTICE TO PROt'.i)
• TO: Elam Construction, Inc.
1225 South 7th. Street • •
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Grand Junction, Co 81501 • CONTRACT #04 75
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Gentlemen:
The Pitkin County Commissioners • •>
having duly considered the Proposals submitted on July 14 - , 1975
for the construction of County Project - Roads 75 -1 , it appears that
your Proposal is fair, equitable and to the best interest of_the County.
The said Proposal is hereby accepted and the Bid price contained therein.
In accordance with the terms of the Contract, you are required to execute the
formal Contract Agreement and furnish the Required Bonds within 10 days from
and including the date of receipt of this registered letter. In addition, you
are required to -furnish, at the same time, Certificates of Insurance evidencing
• compliance with the requirements for insurances stated in the Contract Documents
and required by law.
You are hereby notified to proceed on construction within days from
your receipt of this registered letter; or 10 days from the date specified
hereafter. August 15, 1975 The Bid Security submitted with your proposal
will be returned .upon execution of the Contract Agreement and the furnishing of
the required Bonds. . •
. In the event that you should fail to execute the Contract Agreement and
i the required Bonds within the time limit specified, • said Bid Sa'; L!rit :'i
be retained by the County as liquidated damages and not as penalty for the delay
and extra work caused thereby. .
. PITKI COUNT ENGINEER
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the Pitkin County Commissioners, and one for the Contractor.) •
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ifflS Agreeml m, made and entered into this • 15th ^ day of
August. , A.D. 1975 , by and between the
County.of,Pitki_n, State of Colorado, acting by and through its Board of
County Commissioners, party-of the first part, and
Elam Construction, Inc.
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of Grand Junction
in the County of Mesa and State of Colorado
party of the second part, hereinafter referred to as the Contractor: ~
WITNESSETH, that the parties to these . presents, each in consideration
of the undertakings, promises and agreements on the part of the other herein
contained, have undertaken, promised, and agreed, and do hereby undertake,
promise and agree as follows: •
The said Contractor agrees with the said first party that he will in
a good and workmanlike manner at his own cost and expense, and strictly in
accordance with this contract, furnish all materials and do all work not herein
- specifically excepted, necessary or incidental to coniplete construction of
County Project, Roads 75 -1, as per attached proposal and specifications
which are made part of this contract.
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Dur ;'`the performance of this contract, the contractor, for itself, its
• designees and successors in interest (hereinafter referred to as the "contractor. ";
agrees as follows: . -
(1) Nondiscrimination: The contractor, with regard to the work per -
formed by it after award and prior to completion of the contract
•' - work, will not discriminate on the ground of race, color, or
national origin in the .selection and retention of subcontractors,
• including procurements of materials and leases of equipment. The
contractor will not participate either directly or indirectly in
the discrimination prohibited by Section 8.4 of the Regulations
including employment practices when the contract covers a program
• set forth in Appendix A- -II of the Regulations. (Dept. of Commerce,
Title 15, Code of Federal Regulations, Part 8.)
• (2) Soliciations for Subcontracts, Including Procurements of Materials
and Equipment y In all solicitations either b competitive bidding
• . or negotiation made by the contractor for work to be performed under
a subcontract, including procurements of materials or equipment,
each potential subcontractor or supplier shall_ be notified by the
contractor of the contractor's obligations under this contract and
• the. Regulations relative to nondiscrimination on the ground of race,
color or national origin. .
(3) Information and Reports: The contractor will provide all information
• . and reports required by the Regulations, or orders and instructions _
issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the County of Pitkin and acting by and 1:hrough its
Board of County Commissioners to ascertain compliance with such
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Regulations, orders and instructions. .Where any information required
of a contractor is in the exclusive possession of another who fails or
. refuses to furnish this information, the contractor shall so certify tc
the Board of County Commissioners of the County of Pitkin, and shall
set forth what efforts it has made to obtain the information.
.(4) Sanctions for. Nbncompl.iance: In'the event of the contractor's non-
• compliance with the nondiscrimination provisions of this contract,
the County of Pitkin, by and through its Board of County Commissioners,
shall impose such contract sanctions as it may determine to be appro -
• priate, including but not limited to:
• (a) withholding of payments to the contractor under the contract
until the contractor complies, and /or
(b) cncellation, termination or suspension of the contract, in
whole or in part. .
(5) Incorporation of Provisions: The contractor will include the provisib
of paragraph (1) through (5) in every subcontract, including procure-
• ments of materials and leases of equipment, unless exempt by the
• Regulations, order, or instructions issued pursuant thereto. The con-
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. ' - tractor will take such action with respect to any subcontract or
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(5) )rnoratO of Provisions: (continued) `
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• procurement as the County of Pitkin may direct as a means of enforcing
such provisions including sanctions for noncompliance: Provided,
- however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a
• result of such. direction, the contractor may request the County to
enter into such litigation to protect the interests of the County.
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This contract shall not take effect or be in force until said
Contractor shall have furnished and delivered to the party of the
• first part of a surety bond, acceptable to said first party, in a
penal sum equal to the nearest intregral $100.00 in excess of the
estimated contract price as per "Schedule" hereto attached, duly
• executed by.a corporate surety, qualified and licensed to do business
• in Colorado and maintaining a general agent therein.
It: is especially understood and agreed that the Invitation for Bids,
the Contractor's Proposal, the Specifications and Special Provisions,
all being applicable to the Project and on file in the office of the
County Manager together with such alterations and modifications as
may be made in accordance with the provisions said Specifications,
are each and all included in and made a part of this contract.
-In consideration of the foregoing, the party of the first part hereby
agrees to pay to the Contractor; according to the requirements of the
• specifications, the amounts required for the completed wor'.‹ at the
unit prices set forth in the Contractor's Proposal, and such further
• amounts as may be required for the extra work or materials, all accordir
to the provisions and subject to the conditions as set,f_ort.h in tha
specifications above referred to.
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. It is further agreed that time is of the essence of this contract, and
that work - shall be begun under this contract unless additional time
• shall be allowed the said Contractor by said party of the first part,
in writing, under provisions of the specifications hereinbefore referrer
to.
This agreement shall insure to the benefit of, and be binding upon, the
successors to the respective parties.
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IN SS WHESfto6F, the County of Pitkin Coun Comn goners, acting
for and or )ehalf of the County of Pitkin, have executed is contract and have
caused the same to be attested by the Clerk of the Board of County Commissioners
County of Pitkin, State of Colorado, and the party of the second part has
eXec_uted this contract, all on the day and. year first above written.
COUNTY OF PITKIN
STATE OF COLORADO
B (/ J
Chairman County. of Pitkin
Board of County Commissioners
ATTEST:
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. ATTEST./ Elam, us. ruc 'on I
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Atillirr"4111:41,77, >-"r
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� � • Roper D. Elam Title) President
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Harold F. Elam Sec.
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(If the signature is for a corporation, the corporate name must be shown,
. and subscribed to by some authorized agent, showing the title and the seal
of the corporation affixed; if not, all parties interested must sign.)
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LABOR AND MATERIAL PAYMENT BOND
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KNOW ALL MEN BY Tii'?SE PRESENT That we, the Undersigned, T
Elam Construction, Inc. , as Principal, hereinafter
referred to as "Contractor" and 'Hartford Accident & Indemnity Co.
a corporation organized under the laws of the State of Conn. ^,
and authorized to transact business in the State of Colorado, as "Surety ", are
held and fiLmly bound unto the Board of County Commissioners, County of Pitkin,
State of Colorado, as Obligee, hereinafter referred to as "Owner" in the penal
sum of Forty six thousand and no /100 ($ 46,000.00 ); lawful
money of the United States of America, for the payment of which sum, well and
truly to be made to the Owner, we bind ourselves and our heirs, executors, admin-
istrators, successors and assigns, jointly and severally, by these presents:
WHEREAS, on the 15th day of August , 19 75 , the
Contractor entered into a written Contract with the Owner for furnishing ;material
supplies and equipment, not .furnished by the Owner, construction tolls, equipment
and plant, and the performance of all necessary labor, for and in connection with
• the construction of certain improvements designated, defined and described in the
said Contract and the conditions thereof, and in accordance with the Contract dra
ings and specifications therefor; a copy of the said Contract being attached here
and made a part hereof; and
WHEREAS, the laws of the State of Colorado require thc`t: a bond be
executed and delivered by the Contractor and a qualified corporate Suretj, for t1.
payment of any labor performed or materials,' supplies or equipment funished, used
and consumed in the performance of the work to be done, and this Bond is executed
in order to satisfy said requirements of the laws of the Sate of Colorado; and
NOW, THEREFORE, That if the Contractor shall well, duly and faithfully
pay all just claims and demands by, or in behalf of, any employee or other persor
or any firm, association or corporation, for labor performed, or material, suppl
. or equipment furnished, used or consumed by the Contractor or his, their, or its
subcontractor or subcontractors, in the performance of the work, then this obli.-
gation shall be null and void; otherwise, the Surety shall pay the full value of_
all such claims or demands in any total amount, not exceeding the amount of this
obligation, together with interest as provided by law, along with a reasonable
attorney's fee to each and every claimant, should litigation be instituted and ti
. claimant receive from the Court the principal amount paid for; and said laborers
and materialmen shall have rights under the within Bond as are set forth in the.
statutes and laws of the State of Colorado, along with the additional right to
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claim and receive an attorney's fee f0r the prosecution of its claim ; _... fort!
herein.
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THE UNDERSIGNED SURETY, for value received, hereby agrees that no
extension of time, change in, addition to, or other modification of the terms
of the Contract or work to be performed thereunder, or of the specifications,
or of the Contract document, shall in any way affect its` - obligation on this
• Bond, and the Surety does hereby waive notice of any such extension of time,
change, addition or modification.
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IN TESTIMONY WHEREOF, the Contractor has hereunto set his hand and -
the Surety has caused these presents to be executed in its name, and its
corporate seal to be affixed by its attorney -in -fact at Grand Junction
Colorado , on this _ 15th day of August , 19 75
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CORPORATE SEAL CONTRACTOR
Attest: Elam Construction, Inc. •
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TitleHa,ro1d F. Elam Sec. Title Robert D. Elam President
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CORPORATE SEAL , SURETY
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Attest: Hartford & Indemnity Co.
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• By )Z" /u. -,G1 /rwrr
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Title Title Attorney - in - fact
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(Accompany this Bond with attorney -in- fact`s authority from the Surety Company,
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PERFORMANCE AND MAINTENANCE BOND
KNOW' ALL MEN BY THESE PRESENTS, That we, Elam Construction, Inc.,
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as principal and Hartford Accident & Indemnity Co., as surety
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with general_. offices in _ Hartford, Conn.. , a Corporation organizes
under the laws of the State of Conn. , as Surety, are held an
firmly bound unto the Board of County Commissioners,.County of Pitkin, State of
Colorado, in the penal sum of Forty six thousand and no %100 DOLLAR,
($* *46,000.00 ** ), lawful money of the United States, in payment of which sum,
well and truly made, said Principal and Surety bind themselves, their •
successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and delivered this 15th day of August
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WHEREAS said Principal has entered into a written contract with the •
obligee, dated August 15 , 1 975 , for furnishing all equipment, labor,
• tolls and materials for County Project, Roads 75 -
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in accordance with detailed plans and specifications on file in the office of the
Board of County Commissioners and in the office of the Count yEngineer" of the Cow
of Pitkin, a copy of which Contract is attached hereto and made a part hereof,
NOW THEREFORE, The conditions of the foregoing obligations are •
such that if the said Principal shall well and truly perform all the covenants
and conditions of this Contract on the part of said Principal to be performed, al
.repair all• defects for a• period of one (1) year as provided herein, and protect
• and save harmless the Board of County Commissioners, County of Pitkin, State of
Colorado, and its employees from all _Loss and damage to life or property - suffere •
or sustained by any person, firm, or corporation, caused by said Principal or hi
. agents or his employees, in the performance of said work, or by, or in consequen
of any negligence, carelessness, or misconduct in guarding and protecting same,
or from any improper or defective equipment or materials used in the work, or
other damages, costs and expenses as set forth in such contracts, then this obli
gation shall be void, otherwise to remain in full force and effect in law.
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,e Bond ,Ireirantees that the material anal _:quip, , ,f furnished and used,
and workmanship employed in the performance of the work described in this Contrac
will be of such character and quality as to insure it to be free from all defects
and in continuous good order and in a condition satisfactory to the Board of Coun
Commissioners, County of Pitkin, State of Colorado, for a period of one (1) year
from the date of issuance of the Certificate of Completion, said Certificate of
Completion to be issued by the CountyEngineer. of said Pitkin County.
This Bond guarantees that•the_ said Principal will keep and maintain
• this subject work without additional charge or cost to the Board of County Commis
sioners, County of Pitkin, State of Colorado for a period specified, and rake sue
repairs of any defective construction as the Board of County Commissioners, Count
of Pitkin, State of Colorado may deem necessary. •
This said Prinipal shall not be required to maintain any part of the
• improvement under this guarantee which, after its completion and acceptance, shat.
. have been removed or altered by the Board of County Commissioners, County of Pita
• State of Colorado or its agent.
PROVIDED FURTHER; That the said Surety of value received hereby agrees
that no change in plans, extension of time, alteration or addition to the terms
of the Contractor, or the work to be performed thereunder_; or the specifications
accompanying the same, shall in any way affect its obligation on this Bond, and
• it does hereby waive notice of any change in plans, extension of time, alteratior
or addition to the terms of the Contract, or to the work, or the specifications.
IN TESTIMONY WHEREOF, The said Principal has caused these presents to
be executed in its name, and its corporate seal to be hereunto affixed by its
duly authorized officers, and the said Surety has caused these presents to be
hereunto affixed, by its attorney -in -fact, duly authorized hereunto so to do, the
day and year first above written.
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Elam Construction, Inc
Principal
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,'a old F Elam Sec. Robert D Elam President,.
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• Hartford Accident & Indemnity Co..
• Surety Company
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<iL►�il ' Ai
• Attorney - in - fact `
.(Accompany this Bond with Attorney -in-- fact's authority from the Surety Company.)
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Ha_ cord Atcident and Indemnitk C ,1 pany
HARTFORD, CONNECTICUT
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY
COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office
in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
STUART E. MOLL, WILLIAM E. DUFFORD, and M. MILDRED MAFFEY
of GRAND JUNCTION, COLORADO
its true and lawful Attorney(s) -in -fact, with full power and authority to each of said Attorney(s) -in -fact, in their separate
capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and
other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of
persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies;
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed,
in penalties not exceeding the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS
($250,000.00) each,
and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same extent
as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer
of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such officers,
and hereby ratifies and confirms all that its said Attorney(s) -in -fact may do in pursuance hereof.
This power of attorney is granted under and by authority of the following By -Law adopted by the Stockholders
of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 10th day
of February, 1943.
ARTICLE IV
SECTION 8. The President or any Vice- President, acting with any Secretary or Assistant Secretary, shall have power and authority to
appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more
Resident Vice- Presidents, Resident Assistant Secretaries and Attorneys -in -fact and at any time to remove any such Resident Vice- President,
Resident Assistant Secretary, or Attorney -in -fact, and revoke the power and authority given to him.
SECTION 11. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to
them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings,
and other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -fact shall be as binding upon the
Company as if signed by an Executive Officer and sealed and attested by one other of such Officers.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called
and held on the 13th day of March, 1956.
RESOLVED, that, whereas the President or any Vice - President, acting with any Secretary or Assistant Secretary, has the power and authority
to appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature
thereof, one or more Resident Vice - Presidents, Assistant Secretaries and Attorneys -in -fact;
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate
relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon
the Company in the future with respect to any bond or undertaking to which it is attached.
In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents
to be signed by its Vice - President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 17th day
of January, 1968.
Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY
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Vice President
Secretary
STATE OF CONNECTICUT,
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COUNTY OF HARTFORD,
On this 17th day of January, A. D. 1968, before me personally came John F. Beardsley, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice -
President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, the corporation described in and which
executed the above instrument; that 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 and that he signed his
name thereto by like order. ST..
i „OTAq y , 2 "&"ArliderttlVt
STATE OF CONNECTICUT,
ss. Notary Public
COUNTY OF HARTFORD, CERTIFICATE My commission expires March 31, 1977
I, the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a
Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains
in full force and has not been revoked; and furthermore, that Article IV, Sections 8 and 11, of the By -Laws of the Com-
pany, and the Resolution of the Board of Directors, set forth in the Power of Attorney, is now in force.
Signed and sealed at the City of Hartford. Dated the / f day of e 19 7 1. —
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Assistant Secretary
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