HomeMy WebLinkAbout20051375.tiff AGREEMENT
2005 Slurry Seal Project
THIS AGREEMENT,made this 4th day of May •20 05 .
by and between Weld County,Colorado,hereinafter called "Owner" and QUALITY RESURFACING CO.
doing business as(an individual,) or (a partnership,) or ceorporatio)hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
The Contractor will commence and complete the following: 2005 Slurry Seal Project described in the
Invitation for Bids, Bid No. B0500097
2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services
necessary for the construction and completion of the Project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten (10) calendar
days after the date of the Notice to Proceed and will complete the 2005 Slurry Seal Project within 81
calendar days 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 therein for the sum of$ 647,378.03 ,or as shown in the Bid Schedule.
5. The term "Contract Documents" means and includes the following:
(A) Invitation for Bids
(B) Instructions to Bidders
(C) Bid Proposal
(D) Bid Bond
(F) Statement of Qualifications and Subcontractors
(F) Required Project Forms
(G) Agreement
(H) Labor and Materials Payment Bond
(I) Insurance Requirements
(J) Performance Bond
(K) Notice of Award
(L) Notice to Proceed
(M) Change Order
(N) Certificate of Substantial Completion
(O) Lien Waiver
(P) Notice of Acceptance
(Q) Specifications prepared or issued by the Weld County Public Works Department.
(R) Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction"
(5) Colorado Department of Transportation Standard Plans"M & S Standards-
(T) Addenda:
No. 1 , dated 3/7 ,20 05
No. 2 , dated 3/7 , 20 05
No. 3 3/14 2005
6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract
Documents.or otherwise agreed upon in writing.
7. This Agreement shall be bindine upon all parties hereto and their respective heirs, executors.
administrators,successors,and assigns.
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S--Og-O5- I n A�Cr/�.��°i )) s /3IS
8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated
for this Contract is equal to or in excess of the Contract amount. No change order to this Contract
requiring additional compensable work to be performed, which work causes the aggregate amount
payable under the Contract to exceed the amount appropriated for the original Contract shall be issued
by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover
the costs of the additional work has been made or unless such work is covered under a remedy-granting
provision contained in the Contract.
IN WITNESS WHEREOF,the parties hereto have executed.or caused to be executed by their duly authorized officials,
this Agreement in three(3)copies each of which shall be deemed an original on the date first above written.
ORDERED BY:
ACCEPTED BY:
QUALITY RESURFACING C
THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR
BY /
NAME —1) /.>,✓ NAME T Y A. BEER
William H.Jerke (Please Type)
TITLE Chair TITLE VICE PRESIDENT
Date May 4. 2005 ADDRESS 9700 ALTON WAY
,t\. �'. ��N` HENDERSON, CO 80640
` •' ---/" •(' (SEAL)
,s,r \4 • J��"""""7 /� v"G""`�'( ATTEST:
Weld County Clerk to the Bo rd a U &goo
BY /'C,CE/JP iCt,-cry B JAMES A. RUSSO, SECRETARY
Deputy Clerk to the Boarr (Please Type)
TITLE
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r
Bond No. 2165388
PERFORMANCE BOND
7nOi Slurry Seal Proles{
KNOW ALL MEN BY THE PRESENTS;that
Quality Resurfacing Company
9700 Alton Way Henderson, CO 80640 (Name of Contractor)
(Address of Contractor)
a Colorado Corporation , hereinafter called Contractor, and a (Corporation,
Partnership,or individual)
Insurance Company of the West
(Name of Surety)
600 S. Cherry St. , #226 Denver, CO 80246
(Address of Surety)
hereinafter called surety,are held and firmly bound unto
Wald County.Colorado
(Name of Owner)
ill] H Street.P. O. Box 758. Crosier. Colorado 80632
(Address of Owner)
*Six Hundred Forty Seven Thousand Three Hundred Seventy Eight and 03/100
hereinafter called Owner,In the penal sum of * Dollars,($647 .378.03 1,
in twilit money of the United States of America, 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 whereas,the Contractor entered into a
certain Contract with the Owner,dated the day of 20 05 ,a copy of which is hereto attached
and made a part hereof for the construction of:
2005 Slurry Seal Projects described in the Invitation for Bids,Bid No.B0500097 •
NIIW THF.RRFORP., if the Cnntrentnr shall well, truly and faithfully perform its duties ill of the undertakings,
covenants,terms,conditions,and agreements of said contract during the original term thereof,and any extensions thereof
which may be granted by the Owner,with or without notice to the Surety and during the one year guaranty period,and if
ha shall satisfy all claims and demands hummed under ouch oontraot, end shall fully indemnify and say. harmless the
Owner from all costs and damages which It may suffer by reason of failure to do so, and shall reimburse and repay the
Owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void;
otherwise to remain in Nruu and emu..
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 of the Specifications
accompanying the same shall in any way 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 or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final scttlo,ncnt between the Owner and the Contractor shall abridge the right of any
beneficiary hereunder,whose claim may be unsatisfied.
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PERFORMANCE BOND
2005 Slurry Seal Prvlect
IN WITNESS WHEREOF,this Instrument is executed in five(5)counterparts,each ono of
which shall be deemed an original,this day of .20 05
Quality Resurfacing Company
G' �� Contractor
JAM RUSS®Contractor Scaetary TROT . BEER, VICE PRESIDENT
(SEAL)
r `tQ t 4_0.1.16-4.3
9.700 Alton Way Henderson, CO 80640
(Witness as to Contractor)
(Address)
RACART.T,R GRRENT,OW
(Address)
215 WILLOW DR. , LOCHBUIE, CO 80603
ATTEST:
(see below)
(Surety)t4 Arr Witness
(SEAL)
Insurance Company of the West
Rninfri.l iakL By ID
Witness astoSurety Sue Martin
Attomcy-in-Fact
9226 S. Cedar Hill Way 600 S. Cherry St. , #226
(Address)
(Address)
Lone Tree, CO 80124 Denver, CO 80246
NOTE: Date of Bond must not be prior to date of Contract. if Contactor is 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.
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Bond No.. 2165388
LABOR&MATERIALS PAYMENT BOND
2005 Slurry Seal Prole s&
KNOW ALL MEN BY THE PRESENTS;that
Quality Resurfacing Company
(Name of Contractor)
9700 Alton Way Henderson, CO 80640
(Address of Contractor)
a Colorado Corporation , imrahiarter caucd
Contractor,and a (Corporation,Partnership,or Individual)
Principal
Insurance Company of the West (Name of Surety)
600 S. Cherry St. , #226 Denver, CO 80246
(Address of Surety)
hereinafter called surety,are held and firmly bound unto
Weld C unty,Colorado
(Name of Owner)
1111 H Street, P.0,Box 758.Greeley. Colorado 80632
(Address of Owner)
Six Hundred Forty Seven Thousand Three Hundred
hereinafter called Owner, in the penal sum of Seventy Eight and 03/100 Dollars,
($ 647,378.03 ), in lawful money of the United States of America,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 whereas,the Contractor entered Into a certain Contract with the
Owner,dated the day of , 20 05 ,
a copy of which is hereto attached and made a part hereof for the construction of:
2005 Slurry Seal Projects described in the invitation for Bids,Bid No.80500097
NOW, THEREFORE, If the Contractor shall promptly make payment to all persons, firms, Subcontractors, and
corporations 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 duo for materials, lubricants, oil, gasoline,
repairs on mnehinery,egnip mrnt and tnnls, ennoimcd nr,,anti in ennnectinn with the construction of weh Work, and all
insurance premiums on said Work,and for all labor,performed in such Work whether by Subcontractor or otherwise,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 sprees that no change,extension of
time,alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications
accompanying the same shall in any way 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 or to the Work or to the Specifications.
PROVIDED. FURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of any
beneficiary hereunder,whose claim may be unsatisfied.
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LABOR&MATERIALS PAYMENT BOND
2005 Slurry Seal Project
TN WITNESS WHEREOF, this instrument is executed In five (5) counterparts, each ono of which 'hall be deemed an
original,
this day of 20 05
Quality Resurfacing Company
jj�''�_ �� ��, �//
Contractor
OUU//��""
JAMES AUSSOlwnaactor) chary 2/I,�'"� TROY . BEER, VICE PRESIDENT
(SEAL)
RACHELLE GREENLOW 9700 Alton Way Henderson, CO 80640
215 WILLOW DR. , LOCHBUIE, CO 80603
(Address)
��flrQ atLl 1l y ,
ATTEST:
(see below)
(Surety)Sieeeltlrf
(SEAL)
Insurance Company of the West
aa�C a if
1 ''— i
ay
Witness as to Surety Attorney-in-Pau
9226 S. Cedar Hill Way 600 S. Cherry St. , #226
(Address)
Lone Tree, CO 80124 Denve
r(Ad, CO 80246
NOTE. Dale or Baud iuuet nut be prior to date of Cuntntut. Tr Cunuaulur Is Partnership, *II purtncrs should cxccutc
Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list(Circular
570 as intended)and be authorized to transact business in the State where the Project is located,
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TERRORISM COVERAGE DISCLOSURE
The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which
the Federal Government will share in the payment of covered losses caused by certain
acts of international terrorism. We are providing you with this notice to inform you of
the key features of the Act, and to let you know what effect, if any, the Act will have on
the premium.
Under the Act, insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of the statutorily established deductible for that year. The Act
also caps the amount of terrorism-related losses for which the Federal Government or an
insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change in coverage under the
attached policy or bond (or the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the terrorism coverage required by
the Act. The premium charge that is allocable to such coverage is inseparable from and
imbedded in the overall premium.
No. 0001898
_
' ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW'ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized trader the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
SUE MARTIN
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any retated documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day ofJanuary,2001.
G Fm PatSUq� Js°# 46I'• INSURANCE COMPANY OF THE WEST
�'�1;""Arca a 4....4-‘1"1411;11\%111 to z_ 6 { 1 'fHH:EXPLORER INSURANCE COMPANY
SEAL }n II z ,t,-"--,.,, H) INDEPENDENCE CASUALTY AND SURETY
+4eari .n J Ira or a.. n�
COMPANY
Rumor
/(J/^�`J'v/fin/' ati___
John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
State of California
SS.
County of San Diego
On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L. Hannum and John H.Craig,personally known to me to be
the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by
their signatures on the instalment,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
I MARY COBB ` ,
COHAM.tf1 p v,J-A;yrL \
3c
S0TARYPUBLC,-CALIF RMA Uf / / Gvr<-
Ut SAN DIEGO COUNTY 0
My Commission Expires
SEPTEMBER 20.2005 I '--I
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals tinder authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shalt have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing,typing, or
photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF, I have set my hand this day of
iewangetai........
John U H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-x77-I 11 I and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named indivtdualts)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group,
11455 El Camino Real San Diego,CA 92130-2045 or call(858)350-2400.
Jets: 4/22/2005 Time, 3416 PM To: ® 3032886875 Pager 001
ACORR CERTIFICATE OF LIABILITY INSURANCE o4/iz/zoo
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
HOL3773 Cherry Creek North Drive ALTER THE R.THIS CERTIFICATE
COVERAGE AFFORDED S NOT AMEND,
ED BYTHEPOLIq S BELOW.
Suite 800
Denver, CO 80209-3804 INSURERS AFFORDING COVERAGE NAM U
INSURED Qua I i ty Resurfacing Company INSURER A Charter Oak Fire Ins Co 25615
PO Box 519 INSURERS Travelers Prop Cas of America 25674
Henderson. CO 80640-0519 INSURER C. Pinnacol Assurance 41190
INSURER D
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 WI1H RESPECT TO NHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
NgPOLICIES.AGGREGATE LIMITS SHOW MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II TRR AFOKpI' TYPE OF WSURANCE POLICY NUMBER POLICY AC POLICY ryyrOP011NYIN LIMITS
GENERAL LIABILITY DTCO754G6115C0F04 12/01/2004 12/01/2005 EACH OCCURRENCE S 1,000,000
X COMMERCIAL GENERAL LIABLITY DAMAGE TO RENTED f 300,000
OPFM SFS IFw Irr,ranrof
CLAIMS MADE X OCCUR MED EXP(Any one Dyson) $ 5,000
A X Blkt Addl Insured PERSONAL B ADV INJURY $ 1,000,000
X Blkt Waiver Subro GENERAL AGGREGATE S 2,000 000
GENt AGGREGATE� LIMT APPLIES PER'. PRODUCTS-COMP/OP AGG $ 2,000,000
^1
—1 POLICY 1 JEC7 F-1 LOC
AUTOMOBILE LIABILITY DT810 7 5 4661 1 5T 1 L04 12/01/2004 12/01/2005—
COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $
1,000,000
ALL OWNED AUTOS
BODILY INJURY $
B SCHEDULED AUTOS Per person)
HIRED AUTOS
BODILY INJURY
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
(Per accident)
GARAGE LABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN
EA ACC S
AUTO ONLY AGG S
EXCESSAMBRELLA LIABILITY DTSMCUP325D2043T I L04 12/01/2004 12/01/2005 EACH OCCURRENCE S 5,000,000
X I OCCUR n CLAIMS MADE AGGREGATE S 5,000,000
B S
DEDUCTIBLE S
X RETENTION S 10,000 S
WORKERS COMPENSATION AND 2288480 12/01/2004 12/01/2005 X ITORYIAMIT5I IFR
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 500,000
G ANY PROPRIETORPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ 500,000
Ayes descrbe under
SPECIAL PROVISIONS bales E DISEASE-POLICY LIMIT S 500.000
OTHER
DESCRIPTOR OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
E. All Operations of the Named Insured
Held County, Colorado is named as additional insured with regards to general liability for work
performed by the named insured.
By State Law, 10 day notice of cancellation applies to non-payment of premium
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUES INSURER WILL ENDEAVOR TO MAL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Weld County, Colorado
PO Box 758 OF ANY IOND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
Greeley. CO 80632-0758 AUTHORIZED REPRESENTATIVE gthaL U, 1-, dnM
Patricia Gallaqher/PAG
ACORD 25(2001108) @ACORD CORPORATION 1988
Date, 4/22/2005 Time, 3,16 PM To, B 3032886875 Page, 002
•
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(2001108)
MEMORANDUM
CTO: Clerk to the Board DATE: April 28, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Chair's Signature Item
Agreement for the 2005 Slurry Seal Project with Quality Resurfacing in the amount of
$647,378.03.
Enclosed are three original agreements. Please return two signed original agreements as soon
as possible.
pc: Dean Dreher, Engineering Tech III
M:\Francie\Agend-I.doc
2005-1375
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