HomeMy WebLinkAbout20041021.tiff AGREEMENT
2004 Slurry Seal Projects
THIS AGREEMENT,made this 19TH day of MARCH 20 04 ,by and
between Weld County,Colorado,hereinafter called"Owner"and
QUALITY RESURFACING CO. 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:
The Contractor will commence and complete the following:2004 Slurry Seal Projects described in the Invitation
for Bids,Bid No. B0400034
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 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$ 843.113.70 ,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
(E) 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"
(S) Colorado Department of Transportation Standard Plans"M&S Standards"
(T) Addenda:
No. , 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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2004-1021
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7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,
successors,and assigns.
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 WHFREOF,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 CONTRACTOR QUALITY RESURFACING
CO.
BY `�.�. V BY� ✓4 Ge - -
NAME Robert D.Masden NAME—JLPRRY L. RHEA
(Please Type) •
TITLE Chair TITLE PRESIDENT
Date MAR 2 9 2004
ADDRESS 9700 ALTON WAY
HENDERSON, CO 80640
(SEAL) (SEAL)
ATTEST: Lem
Afil�` ATTEST:
Weld Conn Clerk t.- ;: - � 4 -, Jcj
BY BY JAMES A. RUSSO
Deputy Clerk to the Boars.J,.Y l � (Please Type)
TITLE SECRETARY
Page 22
• LABOR&MATERIALS PAYMENT BON..
2044SIurry Seal Projccta Bond No. 2085501
KNOW ALL MEN BY THE PRESENTS;that
Quality Resurfacing Company
(Name of Contractor)
9700 Alton Way Henderson, CO 80640
(Address of Contractor)
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
Weld County. Colorado
(Name of Owner)
1111 H Street. P.O.Box 758.Greeley. Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Eight Hundred Forty Three Thousand One Hundred
Thirteen and 70/100 Dollars,($ 843,113.70 ),
m lawful money of the United States of America, for the payment of which stun well and truly to be made, we bind ourselves,
s,wrnsors and assigns,jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered no a
certain Contract with the Owner,dated the 19TH day of March 20 04 ,
a copy of which is hereto attached and made a part hereof for the construction of:
2004 Shiny Seal Project described in the Invitation for Bids,Bid No.B0400034
NOW, THEREFORE, if the Contactor shall promptly make payment to all persons, firms, Subcontractors, and corporations
finishing 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,repairs on machinery,equipment
and tools,consumed or used in connection with the construction of such Work,and all insurance pseariens on said Work,and for an
labor,performed in such Work whether by Subcontractor or otherwise,then this obligation shall be void,;otherwise to main 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 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 7C70 18 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.
Page 25
iI
LABOR&MATERIALS PAYMENT BOND
2004 Slurry Seal Projects
IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts,each one of which shall be deemed an original.
this 17th day of March ,20 04
Quality Resurfacing Company
C ���.(,, (� Contractor
617n G By /� a—
(Contractor)Secretary �HEA, PRESIDENT
JAMF,S A. RUSSO
(SEAL) -
��Q, .I.LO i 9700 Alton Way
(Witness as to Contractor) (Address)
9700 Alton Way Henderson, CO 80640
(Address)
Henderson, CO 80640
clATTEST: --1/ AS
{ (strety)SeQr /y Witness
(SEAL)
�� ^ \ Insurance Company of the West
r f►114 x yv\\ By CVIGL,(Milan;)
Witness as to Surety Attolney-in-Fact Sue Martin
9 26 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 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.
Page 26
I ; I I
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 tinder 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 under 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 related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
t40YrM'v /WrN,
4/ eF �NSUg7\ -� INSURANCE COMPANY OF THE WEST
�gpoeroiurrc �Q�roA♦�n� o' t } \1 THE EXPLORER INSURANCE COMPANY
�z' Zit SEAL n e I'� INDEPENDENCE CASUALTY AND SURETY
Ko ��+oxA a' ��� COMPANY
canoes "
eadral —
UU H.Craig,Assistant C
John 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 instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
S MARY COBS �` (/y
COMM.#1321341 O `,�/Y2j19.N0TARY Pu8LIC-CALIFORNIA
SAN DIEGO COUNTY 2
My Commission Expires
,' SEPTEMBER 20.2005 I `J
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under 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 Attorney(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 shall 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,t have set my hand this 17 th day of March , 2004 .
John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you tnay call 1-800-877-1 l 11 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s)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 92130-2645 or call(858)350-2400.
rsMEMORANDUM
WI I DC TO: Clerk to the Board DATE: March 22, 2004
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Agreement for the 2004 Slurry Seal Projects with Quality Resurfacing
Enclosed are two duplicate original Agreements. Please send an original Agreement to Public
Works as soon as it is signed.
The appropriate documentation is attached.
Enclosures
pc: Dean Dreher
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