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Home My WebLink About20020942.tiff AGREEMENT THIS AGREEMENT, made this 5rfl day of rt 1 , 2002, by and between THE BOARD OF WELD COUNTY COMMISSIONERS, ana OLO II'4- LAf2' ��►c Eirt 1'O • doing business as (IDrPo►`C-ttnrl hereinafter called "Contractor" . WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the phased construction of 2002 SLURRY SEAL PROJECT 2. The Contractor shall furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. •- 3. The Contractor shall commence the work required by the Contract Documents in accordance with the date stated in the Special Conditions and shall complete the work within the time stated in the Special Conditions unless the period for completion is extended otherwise by the Contract Documents. 4 . The Contractor agrees to perform all of the work described in the Contract Documents and comply with the terms of herein for the sum of: n huni -1111r1-etn ve tauiy i- r �' oc� ($ gr3, 6a)- 315 for the project: 2002 SLURRY SEAL PROJECT r-. 16 2002-0942 5 . The term "Contract Documents" means and includes the following: (A) Advertisement for Bids (B) Information for Bidders _ (C) Non-Collusion Statement (D) Bid (E) Bid Schedule (F) Bid Bond (G) W-9 Tax Form (H) Notice of Award (I) Acceptance of Notice (J) Agreement (K) Performance Bond (L) Payment Bond (M) Insurance Requirements (N) Notice to Proceed (O) Change Order (P) Notice of Contractor's Settlement (Q) Final Receipt and Guarantee _ (R) Drawings prepared by Weld County Engineering Department, numbered (S) Specifications prepared or issued by ._ (T) 'addendum No. , dated , 2002 No. , dated , 2002 — No. , dated , 2002 (U) Other 6. The County will pay the Contractor in the manner and at such time as set forth in the General Conditions such amounts required by the Contract Documents . 7 . This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns . 17 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above. r BOARD OF WELD COUNT COMMISSIONERS CONTRACTOR Lla i hj ? u I .no BY AA...4.A_, 04/17/02 NAME Glenn Vaad (Please Type) TITLE Chair TITLE 1 fit. lC` p-t- ADDRESS hr)L1 \- t.,6l r) u s� P ( ?) --)v13 1861 ''.�'T ,I,Wa4/7 (SEAL) f1]TST':W ld County C fk to the Board ATTEST: • ,i �" � Cam.�b Deputy Clerk to the B E IVY J �' , 1{n )I.l� (Please Type) (Please Type) XXXXAX TITLE .3eeKPt f Lti 18 • Bond No. 19SB103766017BCM • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That QUALITY RESURFACING CO Name of Contractor 9700 Alton Ways Henderson. Colorado ammo_ Address of Contractor • a Corporation , hereinafter called Principal, and Corporation, Partnership, or Individual TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 7600 E. Orchard Rd. , #330, Englewood, CO 80111 Address of Surety . hereinafter called Surety, are held and firmly bound unto THE BOARD OF Wr1,O COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 80632, hereinafter called County, in the penal sum of • Eight Hundred Thirteen Thousand Five Hundred and 36/100 • Dollars ($ 813,500.36 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that w4eirsas, the Principal entered into a certain Contract with the County, dated the t:n day of / Dri I , 2002 , a copy of which is attached and made apart hereof for the construction of: 2002 SLURRY SEAL PROJECT NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertaking, covenants, terms, conditions, and agreements of said Contract during the original Cerro thereof, and any extensions thereof which may be granted by the County, with or without notice to the Surety and during t.he one year guarantee period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract of the work or to the specifications. 19 • PROVIDED, FURTHER, that no final settlement between the county and the contractor shall abtidye the right of any beneficiary hereunder, whose claim may be unsatisfied. c h IN WITNESS WHEREOF, this instrument is executed in . ) day of flpi1 , 2002 ATTEST: 7e QUALITY RESURFACING CO v Principal. Principal Secretary _(5� (SEAL) / 9700 Alton Way Henderson, CO 80640 Witness as to Principal Address l Va�t, _ 7oI� ve c eh goaa3 Addres • ATTEST: Not Applicable Surety Secretary (SEAL) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Witness as to Surety Attorney-in-Pact , Vera T. Kalba 3773 Cherry Creek Dr. North #800 7600 E. Orchard Rd. , Suite 330 Address • Address . Denver, Colorado 80209 Englewood, Colorado 80111 NOTE: Date of bond must• not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must -appear on the Treasury Department ' s most current list (circular 57O as amended) and be _author.ized to transact • business in the state where the project is located. • • • MEMBER MOODY INSURANCE AGENCY,INC. N RSBP 3773 CHERRY CREEK NORTH DRIVE,SUITE 800 DENVER,COLORADO 80209-3804 PHONE:(303)824-6600 HYMNAL essocwnx OF SURETY BOND PRODUCERS • • 20 Bond No. 19SB103766017BCM PAYMENT BOND • KNOW ALL MEN BY THESE PRESENTS: That QUALITY RESU$FACING CO ,Name of Contractor 9700 Alton Way, Henderson, Colorado 80640 ,Address of Contractor a Corporation • . hereinafter called Principal, and Corporation, Partnership or Individual TRAVELERS CASUALTY AND SURETY COMPANY QF AMERICA Name of Surety 7600 E. Orchard Rd. #330, Englewood, CO 80111 Address of Surety hereinafter, called Surety, are held and firmly bound unto TUE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 80632, hereinafter called County, in the penal sum of Eight Hundred Thirteen Thousand Five Hundred and 36/100 Dollars ($_813:500.36 4 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents , THE CONDITION OF THIS OBLIGATION is such that wh ream, the Pr ,ci�p�al� entered into a certain Contract with the County, dated the k''\ day of jdjl(_t ,20 02 , a copy of which is attached and made apart here Vi for the construction of : 2002 SLURRY SEAL PROJECT NOW, THEREFORE, if the Principal shall. during the entire length of said Contract and any extension thereof promptly make payment to all persona, firms,. subcontractors, and corporation furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, ' and for all labor, performed in such work whether subcontractor or otherwise, then this obligation shall be void; otherwise to remain full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on time, alteration or addition to the terms of the Contract or to the work or to the specifications. • PROVIDED, FURTHER, that a final settlement between the County and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be uni'atisfied. 21 IN WITNESS WHEREOF, this instrument is executed in 2 if-11 cou�}.e177.. s, each one of which shall be dcemed an original, this the f " day of({ 2( Y/ /2002 . QUALITY RESURFACING CO Principal ATTE T: 2 Principal Secretary • tQP&cht /, I(2' l J OO2\) 9700 Alton Way • Witness as to Principal Address I9 bLi Naurfar, Henderson, CO 80640 Address • ll UY� TRAVELERS CASUALTY AND SURETY X �J- ( C 0 k(-) �-� COMPANY OF AMERICA Surety f �! � ��J BY -9 < 4/` Witness as to Surety Attorney-in-Fact , Vera T. Kalba 3773 Cherry Creek Dr. North #800 7600 E. Orchard Rd. , Suite 330 • Address Address Denver, Colorado 80209 Englewood, Colorado 80111 NOTE: Date of bond must not be prior to date of Contract . If Contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department 's most current list (circular 570 as amended) and be authorized to transact business in the state where the project is located. • • • • MEMBER MOODY INSURANCE AGENCY,INC. NRSB" 3773 CHERRY CREEK NORTH DRIVE,SUITE 800 DENVER,COLORADO 80209-3804 w,014.1 wp»a PHONE:(303)824-6600 ASS0Cxm.axo n,oac,n • • 22 • IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 7th day of March 2002. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD C a GASUA(9 r:4% t O 11 9 8 22 O By co . ' CONN. o 'sc"NE,Cr' 4D ous7°-„St. s George W. Thompson kl.Q•.;,..4, ' sy • HA Senior Vice President On this 7th day of March, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. imp? \Y\OALL C.. trittaXasi— ir * AMMO **NEC*t My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of , 20 02 fir \1 a.HARTFonD,i 3 WZFO Z 9 82 O By t 00µy, r,p coNN. I C s; -t.ck,1,n Kori M. Johanson .`1-7. .40 `., oz, `' • "'' Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY • Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,constitute and appoint: Evan E. Moody,Brad Moody,Jody Anderson,Vera T. Kalba, of Denver, Colorado, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President,any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President. may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature 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. (I1-00 Standard) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE oa�ti%I zooz PRODUCER (303)824-6600 FAX (303)370-0118 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moody Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3773 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 800 Denver, CO 80209-3804 INSURERS AFFORDING COVERAGE INSURED Quality Paving Company INSURER A: Travelers Property Casualty Quality Resurfacing Company INSURERS: American Dynasty PO Box 519 INSURER C: Pinnacol Assurance Henderson, CO 80640-0519 INSURER D: St Paul Companies INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ION LTSRR TYPE OF INSURANCE POLICY NUMBER DATE IMINDDYYI TIVE DATE(MM/DD/Y) LIMITS GENERAL UABILITY DTC0754G6115COF01 12/01/2001 12/01/2002 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 300,000 CLAIMS MADE n OCCUR MED EXP(My one person) $ 5,000 A X Job Site Pollution PERSONAL&ADV INJURY $ 1,000,000 X Blanket Addtl Insd GENERAL AGGREGATE $ 2,000,000 GENY AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 nPOLICY ri jE P n LOC AUTOMOBILE LIABILITY DT810754G6115TIL01 12/01/2001 12/01/2002 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X Blanket Addtl Insd PROPERTY DAMAGE X Deductible Varies (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY TUU3579386 12/01/2001 12/01/2002 EACHOCCURRENCE $ 5,000,000 X I OCCUR n CLAIMS MADE AGGREGATE $ 5,000,000 B $ DEDUCTIBLE $ RETENTION $ 5 WORKERS COMPENSATION AND 2288480 12/01/2001 12/01/2002 I TORv uMlis I X I ER EMPLOYERS'LIA&LILY E.L.EACH ACCIDENT $ 500,000 C E.L.DISEASE-EA EMPLOYEE $ 500,000 E.L.DISEASE-POUCY LIMIT $ 500,000 Contractors Equipment IM08310641 12/01/2001 12/01/2002 Limit $6,037,400;$2,500 Ded D Leased/Rented Equip Limit $250,000;$2,500 Ded DESCRIPTION OF OPERATWNSILOCATONSNENICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: 2002 Slurry Seal Project / Project No. 80200063 Weld County, CO is named as Additional Insured under the General Liability as respects work performed by Named Insured. CERTIFICATE HOLDER I I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _JO__DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Weld County BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY 915 10th Street OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Greeley, CO 80632 AUTHORIZED REPRESENTATIVE _ Consie Hum, CISR/CAH ACORD 25-S(7197) BACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7197) itittip, MEMORANDUM Il ___ : t : pen, DATE: April 11, 2002 � Jr., COLORADO Director of Public Works/County Engineer SUBJECT: Request for Chair's Signature Please submit the enclosed documents for the Chair's signature. Agreement for the 2002 Slurry Seal Project between Quality Resurfacing Co. and Weld County Also enclosed for the Clerk to the Board's records are the Performance Bond,Payment Bond,Power of Attorney, and the Certificate of Liability Insurance. Would you please return one signed copy of the Agreement to the Public Works Department for our records. Enclosures pc: Dean Dreher, Project manager M:\W PFILES\ZELMA\SIGNATURE-I wpd Hello