HomeMy WebLinkAbout20032652.tiff AGREEMENT
THIS AGREEMENT, made this20 day of August , 2003, by and between THE
BOARD OF WELD COUNTY COMMISSIONERS, and
doing business as Flat Coat Asphalt Specialists. LLC
I
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
2003 Seal Coat 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:
($39 , 881 .28 ) for the project:
2003 SEAL COAT PROJECT
5. The term "Contract Documents" means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Non-Collusion Statement ,
i
(D) Bid
(E) Bid Schedule
V (F) Bid Bond
(G) W-9 Tax Form
(H) Notice of Award
(I) Acceptance of Notice
?.?I (J) Agreement
(R) Performance Bond
(L) Payment Bond
(M) Insurance Requirements
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(N) Notice to Proceed
(O) Change Order
(P) Notice of Contractor' s Settlement
(Q) Final Receipt and Guarantee
ii. by Weld
Drawings prepared by Weld County Engineering
Department, numbered
(S) Specifications prepared or issued by
Page 15 of 65Iiii _
00/ /°1O 2003-2652
1
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agr ement, each of which shall
be deemed an original on the date first written
i
BOARD OF WELD COUNTY COMMISSIONERS CONTRAC O
BY BY
NAME David E. Lon NAME Norman W Davis
EL (Please Type P 10 2003 (Please Type)
air TITLE Managing Member
1 1861 t 4Jl2C: y
LINTY CLERK TO THE BOARD ADDRESS 601 A Innovation Cir
W Windsor, CO 80550
DEPOT CLERK TO l HE BOA D
(SEAL) (SEAL)
ATTEST: EST:
arir
NAME NAME Chanda Perryman
(Please Type) (Please Type)
' TITLE TITLE Operations Manager
1
1
1
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1
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Page 16 of 65
Bond No. 19SB104142673
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
Flat Coat Asphalt Specialists, LLC
Name of Contractor
601A Automation Circle, Windsor, CO 80550
Address of Contractor
11 a Limited Liability Company , hereinafter called Principal, an
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 THE
COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 8063
called County, in the penal sum of Thirty-nine thousand eight
hundred eighty-one and 2q/loo Dollars (S39,881.28
in lawful money of the United States, for the payment of which sum
to be made, we bind ourselves, successors, and assigns, jointly
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Princip+
a certain Contract with the County, dated the day of
copy of which is attached and made apart hereof for the construe
2003 SEAT. COAT PROJECT
NOW, THEREFORE, if the Principal shall well, truly and faithful
duties, all the undertaking, covenants, terms, conditions, and agr,
Contract during the original term thereof, and any extensions the
be granted by the County, with or without notice to the Surety and
year guarantee period, and if he shall satisfy all claims and de
under such Contract, and shall fully indemnify and save harmless t
all costa and damages which it may suffer by reason of failure
shall reimburse and repay the County all outlay and expense which
incur in making good any default, then this obligation shall be c
to remain in full force.. and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby
agrees that no change, extension of time, alteration or addition' I
the Contract or . to work to be ' performed thereunder or the
accompanying the same shall in any ways affect its obligation on
it does hereby waive notice of any such change, extension of time,
addition to the terms of the Contract of the work or to the spec
PROVIDED, FURTHER, that no final settlement between the County and
shall abridge the right of any beneficiary hereunder, whose
unsatisfied.
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Page 17 of 65
TN WITNESS WHEREOF, this instrument. is executed in _ day of ,
2003 .
ATTMST: Fl. Co- halt Specia s LLC
ri•- al
Principal Secretary By
Ira
601A Automation Circle
�� DX q I Windsor, CO 80550'
Witness a to P i cipal Address
IAddress
ATr T:
�a itn
ac�a�c Witness
(sEAz) Travelers Casualty and Surety Company
o.f America
Hy ,—n1f
itness as toy Attorney-i -Fact
V
P.O. Box 270370, Fort Collins, CO Hartford, CT 06183
Address 80527 Address
N NOTE: Date of bond must not be prior to data of Contract. If
a partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on
Department's most current list (circular 570 es as
authorized to transact business in the state where
located.
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■ Page l8'of65
Bond No. 19SB104142673
PAYMENT BOND
KNOW ALL MEAN 3Y TERSE PRESENTS, That Flat Coat Asphalt Specialists, LLC
Name of Contractor
601A Automation Circle, Windsor, CO 80550 '
Address, of Contractor
a Limited Liability Company , hereinafter called Principal, and 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 THE BOARD OF WELD
COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 80632, hereinafter
called County, in the penal sum of: Thirty-nine thousand eight hundred
eighty-one and 28/100 Dollars ($ 39,881.28
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 euCb that whereas,' the Principal watered into
a certain Contract with the County, dated the o7^ day of at in t , 2003, a
copy of which is attached and made apart hereof for the conction of:
2003 SEAL COAT PROJBCT
NOW, THEREFORE, if the Principal shall during the entire length of said Contract
and any extension thereof promptly make payment to all persons, 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 voids 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
unsatisfied.
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Page 19 of 65
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IN WITNESS WHEREOF, this instrument is executed in one (number) counterparts.
each one of which shall be deemed an original, this the a O day of g(j.S
1003. J
ATTEST: let C• 't As halt S.eciali•ts -L
Pr, al
Principal Secretary ay 4! z �-� L -- (S)
(SEAL)
°h l Q _ n n�,� 6plA Automation Circle
it/\l�/l.,Yj Windsots CO 410550
itnesa a to Pri ipal • Address
•
Address •
Travelers Casualty and Surety Company of
Surety America
ATTEST.
�ess as to Surety Attorney-in
P.O. Box 270370, Fort Collins, CO Hartford, CT 06183
Address 80527 Address
•
NOTI: Hate of bond must not be prior to date of Contract. If Contractor is
a partnership, all partners should execute bond.
IMpoRTANTt . 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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Page 20 of 65
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
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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: Connie K Boston, Donald B. Martin, Chris S. Richmond, Darlene Krings, William C.
Bensler,Kelly T. Urwiller,Russell J. Michels,Linda M. Nikolaeff,Debra S. Morris,Mary M.Powell,Diane F. Clementson,
of Greeley, 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 Attorney(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.
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 9th day of April 2003.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
,F� hfr s°"orAtt. •�Glrosu�,,�r ,psi
JAY _ .' t MoY • E� �J
.7.150.--6-."."-----
,7 < usr . Q t�/2 , By
11/4 II carat %` '„ot s George W. Thompson
iS' '`4. , ,•a'c + . Senior Vice President
On this 9th day of April, 2003 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.
a me,...R. C.
,......iii+
3 My commission expires June 30, 2006 Notary Public
`"4i31>' 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 .
,,�^ o"�,r epo G,.tU,i
4"1 ors B`', mG? �eG By / /�� `/V<- ^'
® � = Irai G
@, q, ! Kori M. Johanson
"rf4 \4 , ,+j°e 14*:#1 Assistant Secretary, Bond
TravelersIMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term 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 your 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 which is in excess of Travelers' 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 your overall
premium, and is no more than one percent of your premium.
Client*: 39269 FLACQ
ACOREA. CERTIFICATE OF LIABILITY INSURANCE PATiMN,OP/YYYY:_ ._
9/3/03
PR(IOL''ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA11QN'
I Flood& Peterson Insurance Un0 ONLY AND CONFERS NO RIGKTS UPON THE CERTIFICATE
4821 Wheaton Drive HOLDER.THIS CERTIFCATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED by THE POLICIES BELOW.
1 P O Rox 270370
I.Fort Collins, CO 80527
INSURERS AFFORDING COVERAGE NAM#
h5uRED
�Ngt1FtERA Travelers Insurance
Flat Coat Asphalt Specialists, LLC rdsURHP E. P;nnacol Assurance
601-A Innovation Drive r___ - _
Windsor, CO 80550 NJ6LeERC;
INSURER D:
COVERAGES
'-4E aQuCIES 0=INSJCANC6 LISTED BELOW'HAVE BEEN 1SSJED TO rHE INSLRED NAMED ABOVE FOR THE POLICY'PERIOD NDICATP NOT\1THSTANDING
UED OR
I MAY RPEQUIREMENT,
HErNS PANCE AFFORDED BY THE°OUC'!IS DESCRIBED HEREIN S S:1B ECENT'MTH RTO ALL TT-IE TERMS.E,C_LTSIO TO WHIC 4 THIS NS AND CATE�CONDITIONS AY 8E( OF SUCH
l POULIES.AOGRIIOATE LIMITS SHOWN MAY HAVE BEEN REDLCED BY PAH)CLAIMS.
iRsRmo
0 COL! T�►}'IIE THE POLI Y E.+f/�ltAT10N+
-
LTF NR TYPE OF INSURANCE POLICY'*UMEt;;lt �_DAr fTid ) GA MMipUM') I LIMITS
A L}ENVIAL LLABILTY DTCO7191 A897TIL03 X 03/03/03 03/03/04 t EAcN ocCLR iliCF 51,000,000
CCMM"RCIAL GENERA.LIABILITY l I PRE‘ $( W33QD,DQQ r
,_ ,CLAIMS MADE OCCUR
sun Eh°yot 7,:(X'7:0+1) 35,000
—y 0ERSONAL d ADV INJURY I St0p0,000 -
^.ENERALAGGR6GAT6 S2,D00,00D
OEN'L AGGREGATEJLLIIC APPLES PER: PRODUCTS-CON1P,V.AOC, k.000 000
1.--1 LPouCY n ! 7 _
A AlfrovoniLE I IAB1LI Y 8107191A897TIL03 03/03/03 03/03/04
C0ti181NE0$!Nr,L6 LMIT
A .ANY AUTO ,Ea actE0ent) s1,OD0,O DD
I ALL OWNED AUTOS I `-
BODILY INJURY
SCHECULED AUYOS (Pv-pe'tAAI S
X HIRED AUTOS I I
X ^ION.OWNED AUTOS J COOLY 1NIURv S
i 7 accident)
I-- .. PROPERTY DAMAGE!
__ _ I (PC Pc"',dc,I) s
y I
I cIRAGG uaauTv ,A,rru ONLY-en ACCIDENT s
ANY AUTO ! GA ACC S
OTHER THAN
AUTO ONLY A6.1 5
EXCESS/UNI3RELLA LIABILITY EACH OCCURRENCE S
I7]OCCUR CLAI'AE MACE
AC'.CREOATE 3
DEDUCTIBLE 5
RET!rrrrOH 3
B `WORKERS COMPENSATION ANC 4070439 08120!03 00/01/04 .x r:.• -A U- OT`I-_
GMPLOYER5'LIABILITY
2,NY PPOPRiETOR/PAR-tIER/EXECIJIIVE E L.EACH AO;l000- 11 000,000
__________
OPriCeW'MEMBER EXCLUDED,' E I„D E ASE-EA Er.IPLOYE 51,000 000
1"' K Lk3Kn7)C under ,1
k S'�$O41-PEOV ISIONS pgQw ,._ DISEASE-PQj•ICY LIMIT 'l 000,000
IOTHER -• '� - y
I
EESCRIPTIOU OF OP CRAT'ON3 f LOCATIONS/VEFICI ES/EXCLUSIONS AODEG ST EHDOR3riser T I SPECIAL PROVI31OH3
Certificate holder is named as additional Insured.
L__
CCr{TIFICA-EHOLDER - CANCELLATION
1IS1i0U IIE A
LD ANY OF TBOVE DESCRIBED POLICIES BE CANCELLED BEFCR5 THE EXPIRATION
Weld County (DATE THEmor,TIE ISSUING INSURER WILL ENDEAVOR TO MAIL ...30._ DAYS WRITTEN
Attn Engineering Dept NOTICC TO THE CER1'r LATE HOLDER NAMED TO nit LEFT,Ctn-FNLLRE TO DO BO SHALL
P.O. Sox 758 IMPOSE NO OBLIG OR DR LIAOILTY OF ANY KIND UPON THE INTURGR RS AOGNITS OR
Greeley, CO 80632 IrtePReseyTA 3.
AUTHORIZED F S r' TYE
ACORD 25(2001/08') 1 of 2 #S257954/M254613 ........ KL13 Y ACORD CORPORATION 1988
rita
MEMORANDUM
IDC. TO: Clerk to the Board DATE : Sept. 4, 2003
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Enginee
SUBJECT: Item for Chair's Signature
Please submit the enclosed item for the Chair's signature.
Agreement for the 2003 Seal Coat Project with Flat Coat Asphalt Specialists, LL.
Enclosed for your records are the Performance Bond and the Certificate of Liability
Insurance.
Please return a signed copy of the Agreement to Public Works as soon as it isexecuted.
The appropriate documentation is enclosed.
Enclosures
pc: Dean Dreher, Engineering
M:\FRANCIE\CHAIR-SIGNATURE.DOC /
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