HomeMy WebLinkAbout820898.tiff —
THIS AC .EEM EiNT , made his 72nd clay of septerrber , 19 82, by and
between he Board of Wel County Co::::_'. ssic^ars , hereinafter called "Owner" and
BEST—WAY PAVING 00. OF GREELEY
doing business as BEST—WA" PAVING CO. OF GREELEY
hereinafter called "Conti :tor' .
WITNESSETH : That for anc in conside -ation of the payments and agreements here-
inafter mentioned:
1. The Contractor will commence and complete the phased construction of
PAVING OF FACTORY ROAD AT EATON, COLORADO
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 Notice to Proceed and shall complete
the work within the time stated in the Bid Proposal unless the period for
completion is ex- ended 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 therein for the sum of
Twenty—seven thoasand, five hundred sixty—seven dollars and 67/100
($27,567.67** )
for
PAVING OI l:`AC`I'ORY ROAD AT EATON, COLORADO
5. The term "Contrz t Documents" means and includes the following:
(A)'` Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Lond
(E) Agreement
(F) General Conditions
(0) Supplemental General Conditions
(H) Payment Bond
(I ) Performance Bond
(,;).. Notice of Award
(K) Notice to Proceed
(L) Change Order
(M) Drawings prepared by Weld County Engineering Department, numbered
2 of/to 2 , Location Map
820898
• (N) Specif tiers prepared or iss..,-o z
(0) Addenda
No. , dated , 19
No. , dated , 19
No. ___—, dated , 19
No. , dated , 19 _
No.___, dated , 19
No. , dated , 19___
(P) Notice of Contractor's Settlement
(Q) Final Receipt and Guarantee
(R) Other
6. The Owner 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, adminstrators, successors, and assigns.
IN WITNESS WHEREOF , the parties hereto have executed, or caused to be executed
by their duly authorized officials , this Agreement in seven (7) , each of which
shall be deemed an original on the date first written above.
OWNER: CONTRACTOR:
The Bo of Weld Coun Commissioners BEST-WAY PAVING CO.
By
Name John T. Martin Name Herman Altergott
(Please•'Type) (Please Type)
Title Chairman Title Vice-President
Address P. 0. Box 3189
Greeley, CO 80632
(SEAL) . .}. , (SEAL)
ilnel.ThATTEST: �""` ATTEST-
ST
Name Mary Ann Peuerstein Name Harty n
(Please Type) (Please Type)
Title County Clerk and Recorder Title Office Manager/Treasurer
r. .�
BARTELS & NOE AGENCY '
P. O. BOX B
GREELEY, COLORADO 80632
,/
The Continental Insurance Companies
. S
ti
Bond No. BND220 17 09
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 (Feb. 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS:
That BEST—WAY PAVING CO.
(Here insert full name and address or legal title of the Contractor)
P. 0. Box 3189 — Greeley, Colorado 80637
as Principal, hereinafter called Contractor,and THE. CONTTNENTAT. TNSTRANCE raipANy as Surety,
(Here insert full name and address or legal title of Surety)
hereinafter called Surety,are held and firmly bound unto The Board of Weld Col tnty Commisgiorers
(Here insert full name and address or legal title of Owner)
Greeley. Colorado
as Obligee, hereinafter called Owner, in the amount of
Twenty-Seven Thousand Five Hundred Sixty-Seven & 67/1(X)- Dollars ($ 27,567.67 ),
for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and sever-
ally,firmly by these presents. •
WHEREAS, Contractor has by written agreement dated September 77 1 987
entered into a contract with Owner for
Paving of Factory Road at Eaton, Colorado
in accordance with drawings and specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said contract,then this obligation
shall be null and void;otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may
promptly remedy the default,or shall promptly
1)Complete the Contract in accordance with its terms and conditions,or
2)Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or,
if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make
available as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding, including other costs and damages for which the Surety may be liable
hereunder,the amount set forth in the first paragraph hereof.The term"balance of the contract price;" as used in this paragraph,shall mean the total amount payable by
Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or
successors of the Owner.
Signed and sealed this 22nd day of September A. D. 19 82
BF'ST-WPY PAVING CO :Seal)
(Principal)
A L:}T�4x C 4' /'Z1Cf'C -
pnt LLL (Title)
JJJ THE CONTINENTAL INSURANCE COMPANY (Seal)
(Surety)
' (419-7/9--,7_.-r,,,
f %itness) Attorney (Title)
4
BONO•3930
BARTFTS & NOE AGENCY
P. 0. BOX B
GREELEY, COLORADO 80632
Bond No. BND220 17 09
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A.I.A. Document No.A-311 (Feb. 1970 Edition)
Note:This bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract
KNOW ALL MEN BY THESE PRESENTS:
That BEST—WAY PAVING CO.
(Here insert full name and address or legal title of Contractor)
P. 0. Box 3189 - Greeley. Colorado 80632
as Principal, hereinafter called Principal, and 773E CONTINENTAL INSURANCE COMPANY as Surety,
(Here insert full name and address or legal title of Surety)
hereinafter called Surety,are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
Board of Weld County Commissioners - Greeley, Colorado
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Twenty-Seven Thousand Five ]3tmdre4 Sixty-Seven R, 67/1 on- Dollars ($_77,567 67 ),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves,their heirs, executors, administrators,successors and assigns,jointly and sever-
ally, firmly by these presents.
WHEREAS, Principal has by written agreement dated September 22, 1982
entered into a contract with Owner for Paving of Fartnry Road at Fatnn, Col oredo
in accordance with drawings and specifications prepared by
(Here insert full name,title and address or legal title of Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined.
far all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and
effect,subject,however,to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material,or both,used or reasonably required
for use in the performance of the contract,labor and material being construed to include that part of water,gas,power, light,heat,oil,gasoline,telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the
expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,
may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The
Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following:The Principal,the Owner,
or the Surety above named,within ninety(90)days after such claimant did or performed,the last of the work or labor,or furnished the last of the materials for which said claim
is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or
performed.Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,Owner or Surety,
at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the
aforesaid project is located,save that such service need not be made by a public officer.
b) After the expiration of one(1)year following the date on which Principal ceased work on said Contract,it being understood,however,that if any limitation embodied
in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,
or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of
mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 22nd day of September A. D. 19 82
BEST-WAY PAVING CO. (Seal)
(Principal)
(Witn ) (Title)
THE CONTINENTAL INSURANCE COMPANY (Seal)
(Surety)�Q`"''_����
m Ea?a< , f5 l� t
%- U
(Witne� Attorney (Title)
MOM 41•SC
• • • ' '. The O-ntinental Insurance Ccrpany
• 80 Maiden Lane, New York, New York 10038
GENERAL POWER OF ATTORNEY
• Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made,
constituted and appointed, and by these presents does make,constitute and appoint
Norman D. Noe or Ronald F. Otto or Gladys L. Conrady
all of Greeley, Colorado, EACH
its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as surety,bonds,
undertakings and contracts of suretyship to be given to
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the
sum of One Million ($1,000,000.) Dollars.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Board of Directors of the Company on the 1st day of November, 1977:
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice Presi-
dent or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the
given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship: and that an Assistant Vice President, a
Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to
attach thereto the seal of the Company.
FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid
and binding upon the Company when so affixed and in the future with respect to any bond.undertaking or contract of suretyship to which it is attach-
ed."
In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed,
and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 3rd
day of January, 1979.
THE CONTINENTAL INSURANCE COMPANY
Attest:
By
• ;I ‘MC-7:771.,
T.H.Stephens,Assistant Vice President .... M.L. Ford, Vice President
STATE OF NEW YORK,
as.:
COUNTY OF NEW YORK,
On this 3rd day of January, 1979, before me personally came M. L. Ford, to me known, who being by me duly sworn,
did depose and say that he resides in Summit, in the county of Essex, State of New Jersey, at 768 Springfield Avenue; that
he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed
the above instrument;that he knows the seal of the said corporation; that the seal affixed to the said instrument is such cor-
porate seal; that it Was so affixed by order of the Board of Directors of said corporation and that he signed his name there-
to by like order.
tc''` ETHEL` (�/l/J
T(A"RANT0
N;0;*^„
NOTARY PUBLIC,State of New York
No.24-4663117 0ual.in Kings County
CERTIFICATE Commission Expires March 30,1980
I, the undersigned, an Assistant Secretary of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force.
Signed and sealed at the City of New York. Dated the 22nd day of September , 19 82.
277
James M.Keane.Assistant Secretary
11 BONA 4315G lee Printed in U.S.A.
Al; '/A"1 c
s
260 Factory Road P.O. Box 338
Eaton,Colorado 80615
COOP (303) 454-3391
1
July 1, 1982
Board of Weld County Commissioners
Mr. Chuck Carlson, President
County Courthouse
Greeley, Colorado 80631
Dear Members of the Board:
The Board of Directors and management of Agland, Inc. ,
hereby requests that Factory Road from Collins Avenue north be
paved.
The Board of Directors adopted the following resolution
at the June 28, 1982, meeting of the Board:
RESOLVED, that the Board of Directors request through
the General Manager of Agland, Inc. , that the Board
of County Commissioners cause that portion of Factory
Road from Collins Avenue, Eaton, Colorado, north to
the track and siding of the Union Pacific Railroad
serving the Great Western Sugar Factory to be paved.
Members of the Board of Directors will be contacting
the County Commissioners personally to seek their cooperation
in this matter.
If Agland, Inc. , can perform any task with regard to
completion, please feel free to contact me.
Sincerely,
Doyle N. Smith
General Manager
af COST? ��!��_
DNS:cmr cmr r _,, ,
cc: Norm Carlson 0
JUL 2 198₹
'mss spa
Attu /
•
T O : EE.5. EX PAVING O3, -
P. 0. Box 3189
Greeiev, CO 80632
Project C ,ription: PAVING OF FACTORY ROAD A.T EATON, COLORADO
The Owner, represented by the undersigned, has considered the Bid submitted by you
for the above described work in response to its Advertisement for Bids dated
September 21 , 19 82 , and Information for Bidders.
You are hereby notified that your 31d has been accepted for
PAVING OF FACTORY ROAD AT EATON. COLORADO
in the amcu2t of ZWenty-seven thousand, five hundred sixty-seven dollars and
67/100 ($**27,567.67** ) •
You You are required by the Information for Bidders to execute the Agreement and furnish
the required Contractor' s Performance Bond, Payment Bond, and Certificates of
Insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said bonds within ten (10) days
from the date of this NC:ice, said Owner will be entitled to consider all your rights
arising our of the Owner' s acceptance of your Bid as abandoned and as a forfeiture of
your hid Bond. The Owner will be entitled to such other rights as may be granted by
law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this 22nd day of Septeber 19 82,
The Board of Weld County Commissioners
(Owner)
n
By: ' •^��C.L a � fY :S1_ -
7kr.�aid R. Carroll
Title: Administrative Manager
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
' this is the ___ day of Y-?3 , 19 v�.
By: > >.� r .. Title: j% fRiet- ,
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
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