HomeMy WebLinkAboutbocc.con.038.1978 ���
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(Zb he euecuted in triplicate, one copy for the County Trails Director, one ��
ry; for the Pitkin County Cmnmi.ssionors, and one Eor tlie Contractor.)
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. ��' TIiIS AGRLEMENT, made and enteYed into this 22nd day of M�y - , � � �
19 78, by and between the County of Pitkin, State oi Colorado, acting by and
x• through its Hoa�-d of County Camnissioners, party of the first part, and
x.`�:+ ' { Elam Construction Inc.
`, of Grand Junetion, Colorado
in the County of Mesa. . and State of COlOradO
part y . of the second part, hereinafter referred to as the Contractor:
. � WITNESSETH, that the parties to these presents, each in consideration � � � � -
�" of the undertal:ings, 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 worlananlike manner at his oum cost and e�cpense, and strictly in
P accordance with this contract, £urnish all materials and do all work not
S herein specifically excepted, necessary or incidental to complete constzuction
'�� of
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� Asphalt bicycle paths as described in Proiect Description
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� • lluring the performance of tnis Contract, the Contractor, L-or itself, its `�`
designees and successors in interest (hereinafter referred to as the "Contractor"), '?
' agrees as follows: •
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1. Nondiscrimination: The Contractor, with regard to the vrork performed �;
by it after award and prior to completion of the contract work, will 'f'
not discriminate on ihe ground of race, wlor, or national oriqin �
in the selection and ret-enL-ion of subcontractors, including procurements ;.�
of materials and leases of equipment. The Contractor will not partici- �
� pate eithez directly or indirectly in the discriminat•ion prohibited �
f by Section 8.4 of the Regulations includinq employment practices when �
the contract covers a program set forth in Appendix A-II of the Requ- .��
lations. (Department of Commerce, Title 15, Code of Federal Regulations, � .
- - � Part Q_) � �� � �
2. Solicitations for Subcontracts, Including Procurements of Materials �
and �quipment: In all solicitations either by competitive bidding �
. or negotiation made by the Contractor for work to be performed under :
a subcontract, including procurements of materials or equipment, � l
each potential subcontractor or supplier shall be notified by the �
Contractor of the Contractor's obliyations under this Contract and
the Regulations relative to nondiscrimination on the ground of race,
color or national origin.
3. Znformation and Reports: The Contractor will provide all information
and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and wil.l permit access to its books, records,
accounts, other sources of information, and its facilities as may be
• determined by the County of Pitkin and actinq by and through its
Board of County Commissioners to ascertain compliance with such
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 to
. the Board of County Conanissioners of the County of Pitkin, and shall
• set forth what efforts it has made to obtain the information.
4. Sanctions Por Noncompliance: In the event of the Contractor's non- ,
� coanpliance 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
appropriate, including but not limited to: .
, � .
a, withholding of payments to the 'Contractor under the Contract
� until the Contractor complies, and/or
b. cancellation, termination or suspension of the Contract, in
'r� whole or in part. '.
5. Incorporation of Provisions: The Contractor will i.nclude the pro- �
visions of Paragraphs 1. through 5. in every subcontract, including �
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procurements of materials and leases of equiFanent, unless ex�npt ;�
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' by the Regulations, order, or instructions issued pursuant
� thereto. The Contractor will take such action with respect �
' to any stil�contract or procurement as the County of Pitkin may �
direet as a mcans oi• en£orcing 'such provisions including �
sanctions £or noncompliance. Provided, however, that in the
event a Contractor becotnes involved i.n, 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.
This Contract shall not tal:e effect or be in Lorce until said•
. - Contractor shall have E�±rnished and delivered to the party of `
the first part of a surety bond, acceptable to said first
. � party, in the penal swn equal to the nearest intregral
$100.00 zn excess of the estimated contract price as per
"Schedule" hereto attached, duly executed by a corporate
surety, qualified and license.d to do business in Colorado � i
' . .and maintaining a general agent therein. . __
Zt 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 of said Specifications, are each and all
included in and made a part of this Contract.
' , In consideration of the foregoing, the party o£ the first .
part hereby agrees to pay to the Contractor, according to
the requirements of the speci£ications, the amounts required
• for the completed work at the unit prices set forth set forth
- � in the Contractor's Proposal, and such further amounts as
may be required for the er.tra work or materials, all according
. to the provisions and subject to the conditions as set forth
' in the specifications above referred to.
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 referred to.
'_ This Agreement shall inure to the benefit of, and be binding upon,
the successors of the respective parties. �
• IN�WITNESS WE�REOF, the County of Pitkin County Commissioners, . ,
acting for and on behalf of the County of Pitkin, have executed
this Contract and have caused the same to be attested by the Clerk
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' of the F3oard oE County Commis�ioners County of Pitkin, State of Colorado,
and tize party of the second part has executed this Contract, all on
the clay and year L-irst above written.
COUNTY OF PITKIN
STATE OF COLORFIDO
♦
. . � BY r!'�'
Chairman, County of Pi cin
Board of County Commissioners .
ATT�STc.�..•; • •
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' 'r r� . p , . ELAZf CONSTRUCTIOi�, INC. ' __
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LsTr��;. - By Pl/��I��—
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�� }��. Earl E. Elam Vice-President
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��:; 't =;v°c Hapold . Elam Secretary
4-:, , C;CJ•ri•I�DJ(Title)
(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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HARTFORD ACCIDENT A� INDEMNITY COMPANY �
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Hartford,Connecticut �;
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(A Slock Cornpany) �
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PERFORMANCE BOND �
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(NOTE: TOF THE OWNERSCONDIT O ED FORTHE AYMENC OFE HOR AND MATERIAIi,j FAVOR . �
I{NOW ALL M�N BY THESE PRESENTS: �
ELAM CONSTRUCTION INC. 1225 South 7th.5t,...Grand J_unction, Colq_81501 .,. ... !;
That......................................................................................
(Here tnx't the name aad addresf,o�kgal titk.d ttu Contsactor) �
as Principal, hereinafter called Contractor,and the HARTFORD ACCIDEATT AND INDEiVIN1TY COMPANY, a x
corporation organized and existing under the la�vs of the State of Connecticot, with its principal office in the City of i
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Hartford,Connecticut,as Surety,hereinafter called Surety,are held and firmly bound unto.................................................. �
PITKIN COUNTY, Colorado �
................................................................................................................................................................................................................... �
(Here inam lhe name nnd addren,or lepl tiHe,N tfie Owner) � °�
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as Obligee,hereina(ter called O�vner,in the amount oE....THIRIEEN..THO.USAND.>_F.i.Ve-..Nund1'ed..S.eYenty...and........ ,��,
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........................................Nol.l0.0..---..-..-...-...-..-..-...-..-...-..-...-.-...-...-..-...-...-...-.....:...........Dollars(3..1.3...5ZA...6.Q.....).
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for the payment whereo(Contractor and Surety bind themselves,their heirs,executors,administrators,successors and y
assigns,jointly and severally,firnily by these presents. '��'
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Whereas,Contractor has by written agreement dated..........................................:................................................................. �
` • Bike Paths 78-1 Pro'ect �
enteredinto a contract�v�th Owner for...........................................................................J................................................................... a
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in accordance with drawings and specifications prepared 6y............................................................................................................ ;�
(Hem imere full nune and Ntlq. . .
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which contract is bp reference made a part hereot,and is hereinaEter referred to as the CONTI2AC1'.
;;
Now, Therefore, the conditlon of this obligation is such that, if Contractor shall promptly and (aithfully
perform said COn'TRACT,then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice oE any alteration or extension of time made by t6e Owner.' : x
Whenever Contractor shall be,and declared by Owner to be in default under tfie CONTRACT,the Owner having
per(ormed Owner's obligations thereunder,the Surety may promptly remedy the default,ar shall promptly
(t) Complete the CONTRACT in accordance with its terms and conditions,or _
(2) Obtain a bid or bids for submission to Owner for completing the CONTRACT in accordance with its terms
and conditions,and upon determination by Owner and Surety oE the lo�vest responsible bidder,arrange for a contract
between such bidder and Owner,and make available as work progresses(even though there should be a de(ault or a
successian o(de[aults under thc contract or contracts o[completion arranged under this paragraph)sufficient tunds '
to pay the cost of completion Iess the.balance of the contract price; but not exceeding,including other rnsts and
damages for whicli the Surety may lx liable hereunder, the amount set(orth 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
ConYractor under the CONTRACT and any amendmenu thereto,less the amount properly paid by Owner to Con-
tractor.
Any suit under this bond must be instituted before the eapiration oi t�vo(2)ycars Irom the date on n�hich fina!pa�•-
ment under the CONTRACT(alls due.
No right o(action shall accrue on this bond to or for the use of any person or corporation other than the Owner
named herein or[he heirs,executors,administrators or successors of O�vner.
Signed and sealed this 26th day af J A.D.19 78
`� 21� /'.................. Ela ,pn �ruct' n, In � `
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p oryo tbnl riiiej.
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H RTF � ACCl� INDEMN[TY CQMPANI
Attest........................................................................ Qy......... . .... . .. .. .........................(Seal) '
Portn S-3=13 Mv.I4Ca l. Printcd In U.S.A. 5••s9 orne 111 FaCt (Tlqe) ..
(A.1.A.Form—Uocumm[Na.A.d�l(FormerlY Farm 107)1056&l. .y �.
ADproved 6y The Amerlmn In�tlwte uf�1rcWtttu.1
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HARTFORD ACCIDENT Arrn INDEMNITY COMPANY
Hartfard,Connecticut
(:I Slock Conipany)
LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS flDND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PACE 1,IN FAVOR OF -
THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THfi CONTRACI'.)
KNOW ALL MEN BY THESE PRESENTS:
ELAM CONSTRUCTION, INC. 1225 So...7th..St..,.,Grand..J.�p��1on.,...Gn...$.1.5G]..................... ��
That..................................................................................................... .
(tlerc i�uer�tM1e name and addren,w kpl Nck,o(We Contractor)
as Principal, hereinafter called Principal, and the FIARTFORD ACCIDENT AND INDEi�4NITl' COMPANY, a
rnrporation organized and existing under the la�vs of the State of Connecticut,�vith its principal office in the City oE
Hart(ord,Connecticut,as Surety,hereina[ter called Surety,are heid and firmly bound unto.................................................. �'
�
PITKIN COUNTY, Colorado
................................................................................................................................................................................................................... },
(Here in�en tiro n�me nnd Wdrna,or kg�l titiq M�he Owner)
as Obligee, hereinafter called Owner, (or the use and benefit o[ claimants as hereinbelow defined, in the amount of
Thirteen.Thousand..Fi.ye-Hundred Seventy,..?n.d....n.V/.].QQ.................................Dotlars(5..13 5.7.O..AO.*........), ;
� (H imerc a aum edual t t 1 aat onohelt ot the mntncL pritt) �
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�vritten agreement dated................................................................................................................ j
� entered into a contract with Owner for....................�i.k.�..P.d�hS...7.$-.1.....P.COj.eGt............................... ,
� ................................... �
.............................................................:..........................................:........................................................................................................... i
in accordance with drawings and specifications prepared by............................................................................................................
'. ...............................................................................................................................................................
....................................................
(He¢lneen full name and tkle)
which contract is by reference made a part hereof,and is hereina[ter re(erred to as the CONTRACT.
Now, therefore, the condiNon of thts obligation is such that i[the Principal shall promptly make payment
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(orce and efiect,subject,however,
to the(ollowing conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Prin-
cipal tor labor,material,or both,used or reasonably required for use in the performance ot the contract,labor and
material being construed[o include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental i
o(equipment directly applicable to the COI�TTRACT.
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 o(a.period oE ninety(90)days atter the date on i
which the last of such claimant's work or labor was done or performed,or materials were furnished by such daimant,
may sue on this bond!or the use o(such claimant,prosecute the suit to final judgment[or such sum or sums as may
be justly due claimant,and have execution thereon. The Owner shall not be liable for the payment a(any msts or
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,shal[huve given written notice
to any two o[the follo�ving: The Principal,the Owner,or the Surety above named,within ninety(90)days after 1
such claimant did or per[ormed the last of the work or labor,or furnished the last o[the materials!or 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 tor whom the work or labor was done or per(ormed. Such notice shall be served by mailing the
same by registered mail or cerCified mail,postage prepaid,in an envelope addressed to the Principal.Owner or Surety,
at any place where an office is regularly maintained[or the transaction of business,or served in any manner in which
legal process may be served in the state in which the a(oresaid project is located,save that such service need not
be made by a public officer. '
(b) A(ter the expiration o(one(1)year following the date on which Principal ceased�vork on said CONTRACT,
it being understood,ho�vever,that it any limitation embodied in this bond is prohibited by any la�v controlling the
construction hereof,such limitation shall Ix deemed to be amended so as to be equal to the minimum period o[limita-
;i tion permittcd by such law.
(c) Other than in a state court o[competent jurisdiction iu and for the county ar other political subdivision o(
the state in which the project,or any part thercof,is sin�ated,or in the United States District Court(or 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 an1 to the extent of anp payment or payments made in good
faith hereunder, inclusive o[the payment by Sumty of inechanics'liens which may be filed o(record against said
improvement,whMher or not claim for the amowu of such lien be presented under and against this bond.
Signed and seal this 26th da�•ot .lune A.D.19 78
' i"� �fon ruct' n, Inc,
Wi[ness...... ............... ':.•:.... ............... . ' ............(Scat)
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............... HA 'CF D AC � ' 'D INDE\-L'1'C1' CO\-[PAA'Y
� Attest......................................................... By...... .. . � . ........ .. ... ...........................(Scal)
Form S•1311 Rev.Pa1a3• Printed In U.5..1. 3•'S9 Attorney 1 n ACt tr��k�
(A.I.A.Fwm—Doeument I�o.A-31I
' Approved 6y The Amerlean Innitule uf ArchltectO .
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HARTFORD ACCIDENT AND INDEMNITY COMPANY �,� � �.
Ha�o,�,�o��e�����t 0 0 0 3 8 2 '`:
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POWER OF ATTORNEY '
Know al{ men by these Presents,That 1he HARTFORD ACCIDENT AND INDEMNITY COM-
PANY,a corporation duly organized under the laws o((he State ot Connecticut,and having its principai office in the City
oi Hartford, Counry of Hartford, State of Connecticut,does hereby make, constitute and appoint •
STUART E. MOLL and/or t�lILL2AM E. DUFFORD
of GRAND JUNCTION, COLORADO,
its true and lawful Attorney(s)-in-Fact,with fu11 power and authority to each of said Attomey(s)-in-Fact,in their separate
capacity if more�han one is named aMOVe,to sign,exer�te and acknowiedge any and all bonds and undertakings and
other wriGngs obligatory in the nature thereof on behalf of the company in its busmess of guaranteeins the fidelity of
persons hofding places of public or private trust:guaranteeing the performance of contracts other than�nsurance poli-
cies;guaranteeing the performanCe o(insurance contracts where surety bonds are accepted by siates and municipal-
ilies, and executing or guaranteeing bonds and undertakings required or permitted in ali actions or proceedings or by -
law allowed,
in penalties not exceeding the sum of TWO HUNDRED FIFTY THOUSAND DOLLAR5 ;
($250,000.00) each,
/
and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same extent as if
sUCfi bonds and undertakings and other writings ob{igatory in the nature tfiereof were signed by an Executive Officer of
ihe HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers,and
hereby ratifies and confirms all that ks said Attorney(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted by and under authority of the following provisions:
(1)By-Laws adopted by the Stockholders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meet-
ing duly called and held on the 10th day of February,1943. �
AflTICLE IV I
SECTION 8. The President or any Vice-Ptesident,acl'+�g wilh anY Secretary or Assistant Secretary,sha�have power and aulhority In appoint,
lor purposes onN of executing and attestinp bonds and undertakings and other wri6ngs oWigatory in the nature thereot,one or rtrore Rasident
Vice-Presidents,pesident Assistant Secretanes and Attorneys-ImFad and al arry time to remove any such Resident vice-Presldent,ResideM Assis-
tant Secretary,a Atlomey-in-Fact,and revoke the power arW autMdty givan to him.
- SECTION 11. Attwneys-in•Fad shall have power and authority,subject lo the terms and imitations of Ihe power of attorney issued to Uiem,to
� exeeu�e and deliver on belialf ol the Compa�y arM to attach the seal ot the Company therelo arry and all bonds and undertaki�gs,and other writings
� obligatory in the naWre Ihareof,and any such instrument axewted by any such Atlomey-io-Paq shall be as bin6rg upon the Company as if signed -
by an Executive OHicer and sealed and attesled by o�e olher ot such Oflicers. '
(2)Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD ACCIDENT AND INDEM-
NITY COMPANY duly called and held on the 11th day of June, 1976:
RESOLVED:Robert N.H.Sener;Assistant Vice-President antl Thomas F.Delaney,Assistant Vi�-Presidenl,shall each have as iong as he
hoWs such oHice Ihe same power as any Vice-President under Seclions 6,7 and e ot Article IV of the By-Laws o(the Company.
This power of attomey is signed and sealed by facsimile under and by the authority of the following ResoiuGon
adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and
held on the 6th day of August, 1976.
RESOLVED,That,whereas Robert N.H.,Senar,Assistant vee-President and Thamas F.Delaney,Assistant Vice-PresidaM,acting with any
Secretary or Assistant Secretary,each have the power and authority,as lang as he twlds such olfice,to appomt by a power of attamey,tor purposas
only ot ezecuUng and attasUng bords and undertakings and dher wrilings obligatory in the nature thereof,one a more Residen[vice-Presi-
dents;Assistenl Secretaries and Atlomeys•in-FaG;
Now,therefae,the signalures o(such Olfwers and the seal of the Company may be allixed to any such power of atlomey w 10 any cerlificate
relating Ihereto by Iacsimile,and any sueh power of attomey or ceAiBCate beann�such facsimile signawres or(acsimile seal shall be valid and
bind�ng upon the Company and any such power so ezecNed and certified by tacsimtle signatures and facsimile seal shall be valid and Wndirg upon
the Company in Ihe(uture xnth respect to eny bond w undertaking to which it is attached.
In Witness Whereof,the HARTFORD ACCIDENT AND INDEMNiTY COMPANY has caused these presents to be
signed by its Assfstant Vice-President,and its corporate seal to be hereto afiixed,duly attested by its Secretary,this 9th
day of August, 1976.
Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY
' � z 6�� � � �_,/�!� � . � �''�� �/�
�ugWs H.Geer,Secretery ��!'%� {� .
Thomas F.Delaney
STATE OF CONNECTICUT, � Assistanr Vtce-President
�.
COUN7Y OF HARTFORD, j
On this 9th day of August,A.D.1976,be(ore me personally came Thomas F. Delaney,to me known,who being by
me duly sworn, did depose and say:that he resides in ihe County of Hactford, State of Connecticut;that he i�the
Assistant 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 corporatian;that the seal affixed to the said
instrument is such corporate seal;that it was so affixed by order of ihe Board of Directqrs of said corporation and that
he signad his name thereto by like order. �c� 1
-�•���,'�.',',�-._� ��,� �.Q!
ti..t..
STATE OF CONNECTICUT, ) ` Gloria Mazotas.Notary PubNc
t ss. My Commission Expires March 31,1978
COUNTY OF HARTFORD, � CERTIFICATE
I,the undersigned,AssistaM Secretary of the HARTFORD ACCiDENT ANO INDEMNITY COMPANY,a Connecti-
cut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATfORNEY remains in full force
and has not been revoked;and furthermore,ihat Ariicle IV,Sec4ons 8 and 11,of the By-laws of the Company.and the
Resolutlons o(the Board of Directors, set forth in the Power of Attorney„are now in fof e.
Signed and seated at the City of HaMord. Dated the .�� �`day of —� �^—�- 19�?�
�v-
Form S35o7-e PrimeO n u.s.a � John E.Lukens
Assrsfanf Sec�etary
.��:y,�+.-bil, .
:s.a Y�'�i.j;:
- >;i;".'