HomeMy WebLinkAbout20040993.tiff AGREEMENT
2004 Crack Fill Projects
THIS AGREEMENT,made this 1 0th day of March . 20 04 ,by
and between Weld County,Colorado,hereinafter called "Owner" and
Flat Coat Asphalt Specialists, LLC Doing business as
(an individual,)or(a partnership,) or(a corporation) hereinafter called"Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The Contractor will commence and complete the following:2004 Crack Fill Projects described in the Invitation
for Bids,Bid No.B0400033
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 2004 Crack Fill Projects within 30 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
47 terms therein for the sum of$ 798 , 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) Performance Bond
(J) Notice of Award
(K) Notice to Proceed
(L) Change Order
(bp Certificate of Substantial Completion
(N) Lien Waiver
(O) Notice of Acceptance
(P) Specifications prepared or issued by the Weld County Public Works Dcpa tm rut.
(Q) Colorado Department of Transportation "Standard Specifications for Road and Prilce
Construction"
(R) Colorado Department of Transportation Standard Plans "NI C S Standards"
(S) Addenda:
No. NA , dated . 20
No. , dated , 20
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.
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2004-0993
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7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,
successors, and assigns.
S. 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:
THE BOARD OF WELD COUNTY COMMISSIONERS
CONTRA .TOR
BY`\\ k, �iy�`h7 BY
NAME Robert D. Masden NAME Norman W Davis
(Please Type)
TITLE Chair TITLE Managing Member
Date MAR 2 2 2004 ADDRESS 601 A Innovation Cir
Windsor, CO 80550
Phone (970 ) 686-2448
(SEAL) (SEAL)
A. _ST: eth ATTEST:
I Ja61 (; •• a
Chanda Perryman
i ter (o the Board
B` .'l` iw-,i1.' � .... ie-<—� BY .J "mil, Pn- & ajl
Deputy Clerk to the Board • (Please Type)
Operations Manager
TITLE
r
r
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Bond No. 104252556
INSURANCE REOUIREMENTS
PERFORMANCE BOND
2004 Crag Fill Projects
KNOW ALL MEN BY THE PRESENTS;that
Flat Coat Asphalt Specialists, LLC
(Name of Contractor)
601A Innovation Circle, Windsor, CO 80550
(Address of Contractor)
Limited Liability Company ,hereinafter called Contractor,and
A (Corporation;Partnership,or individual)
Travelers Casualty and Surety Company of'America
__---_--
(Name of Surety)
Hartford, CT 06183 -.
(Address of Surety)
Hereinafter called surely, are held and firmly bound unto
Weld County.Color3jo
(Name of Owner)
P.O.BON 758. 1111 H Street,Greelgv, Colorado S0632
(Address of Owner)
Forty—seven thousand seven hundred
hereinafter called Owner, in the penal sum of ninety—eight thousand & 60/2 00 Dollars,($_47 ), 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.
TI.1E CONDITION OF TITS OBLIGATION is such that whereas,the Contractor entered into a
Certain Contract with the Owner,dated the I U day of 20 04,a copy of which is hereto attached and made
a part hereof for the construction nf:
2004 Crack Fill Projects described in the imitation for Bids.Bid No.130400038
NOW'I'HEREFORF,if the Contractor shall well,truly and faitliful ly perform its duties.all of the underudtings.covenants.tents.
conditions.and agreements of said contract during the original term thereof.and any extensions thereof which may he_ranted by.
the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and
demands incurred under such contract,and shall fully indemnify and save 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 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 beperformed 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 Wore or to the Specifications.
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PROVIDED,FURTHER,that no final settleinent between the Owner and the Contractor shall abridge the right of anybencficiary
hereunder, whose claim maybe tinsatisfied. •
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PERFORMANCE BOND
2004 Crack Fill Proiecjl
IN WITNESS WHEREOF,this instrument is executed in the(S)counterparts,each one of II
Which shall be deemed an original,this t C) day of NACU-0.n (.1-120 7
Flajeb Specialists, LLC
Contra or
By
(Contractor) Secretaryy
(SEAL)
C�ha-r, (ACS. Pe,.Y' Maul ^ 601A Innovation Circle
(Witness as m Contractor) (Address)
LOD( \nrYsi(rn ]1 Windsor, CO 80550 _
(Address)
vnv trYir1 / o -
ATTEST:
(Suyl ) Stattay Wit ess
(SEAL)
PLik-a
— — Trav ergs Casualty and Surety Company of America I'
to Surely
} ,
Witness as to Surely Attorney Pact
4821 Wheaton Dr. Hartford, CT 06183
(Address) (Address)
Fort Collins, CO 80525 _
NOTE: Date of Bond must not he prior to date of Contract. If Contractor 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. 104252556
LABOR&MATERIALS PAYMENT BOND
2004 Crack Fill Projects
KNOW ALL MEN BY THE PRESENTS; that
Flat Coat Asphalt Specialists, LLC
(Name of Contractor)
601A Innovation Circle, Windsor, CO 80550
(Address of Contractor)
Limited Liability Company .hcrcSer called Contractor,and
A(Corporation.Partnership, or Individual) •
Travelers Casualty and Surety Company of America
(Name of Surety)
Hartford, CT 06183
(Address of Surety)
Hereinafter called surety, are held and firmly bound unto
Weld County.Colorado
(Name of Owner)
1 1 I i H Street.P.O.Box 758,Greeley,Colorado 80632
(Address of Owner)
Hereinafter called Owner,in the penal stun of Forty—seven thousand seven hundred ninety—eight
thousand and 60/100 Dollars,(S 47,798.60
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 finely by these presents.
7FTE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
Certain Contract with the Owner, dated the �C) day of t\-AG.YC rt._ ,20 by .
A copy of which is hereto attached and made a part hereof for the construction of:
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2004 Crack Fill Projects described in the Invitation for Bids. Bid No. B040003R
NOW, THEREFORE. if the Contractor shall promptly make payment to all person:.. 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 due for materials, lubricants, oil, 'asolMe. 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 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 agrees that no change,extension of time, �l
alteration or addition to the terms of the contract or to the Work to he performed thereunder of the Specifications accompanying ,
the same shall in any way affect its obligation on this Bond,and it does herebywaive notice of any such change,extension of tine, 'l
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 bene liciaty
hereunder,whose claim may be unsatisfied.
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LABOR&MATERIALS PAYMENT BOND
2004 Cracjs Fill Projects
IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts, each one of which shall be deemed an original,
This I 0 day of �C1k ( 1 1 , 20
Flat t Specialists, LLC
ontr Mot-
0 o .AR (ic+', ;),(ukceuLocnBy
(Contractor)Secretary
(SEAL)
thCxd(, ?e I((v/ yy 601A Innovation Circle
' (Witness as to Contractor) (Address)
' IILD-LES\liCLELD. _ Windsor, CO 80550
(Address)
cli Su
-
ATTEST:
(St ;ty) mxymryt Wit ess
(SEAL)
Travelers Casualty and Surety Company of
America
Witness as to Surely Altorltep-in-Fa6t
I 4821 Wheaton Dr. .1:1artford., CT 0(7183
(Address) (Address)
Fort Collins, CO 80525
I NOTE: Date of Bond must not be prior to date of Contract. If Contractor 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
emended) and be authorized to transact business in the State where the Project is located.
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MEMORANDUM ,. , 7 Fl 2: 57
1111 D
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CTO: Clerk to the Board DATE: March 17, 2004
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COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Chair's Signature Item
Flat Coat Asphalt Specialist, LL, 2004 Crack Fill Project Agreement.
The appropriate documentation is attached.
Enclosures
pc: Dean Dreher
Mi\Francie\Agenda-1 doc
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