HomeMy WebLinkAbout810766.tiff NOTICE TO PROCEED
TO: Flatiron Paving Company of DATE: April 2 , 1981
Greeley PROJECT: Construction of one mile
1150 North 25th Avenue of grading, drainage and paving of
P.O. Box 1137 Weld County Road 66 between Weld
Greeley, Colorado 80632 Weld County Road 17 (7th Street) and
Colorado State Highway 257, Weld
County , Colorado
You are hereby notified to commence work in accordance with the Agreement
dated January 27, 1981, on or before April 12, 1981, and you are to comp-
lete the work within one hundred twelve (112) consecutive calendar days
thereafter. The date of completion of all work is therefore August 3,
1981.
TH B ARD ELD COUNTY COMMISSIONERS
(O r)
BY -Z4
Title Weld County Department of tr in-
eering Manager
ACCEPTANCE OF NOTICE
Receipt of the above Notice to
Proceed is hereby acknowledged
by Flatiron Paving Company of
Greeley
this the 2nd day of April, 1981.
Flatiron P.v' g ••mpan l of Greeley
ii
Title / / 4r/ 71Z; - ( ' .
810766
.Mae,
Bond No. 50 43 00
Pc1 THE WESTERN CASUALTYAND SURETY COMPANY
❑ THE WESTERN FIRE INSURANCE COMPANY
The Company to provide this bond coverage shall be designated with an x�.
FORT SCOTT.KANSAS 66701
PERFORMANCE BOND
Approved by The American Institute of Architects, A.I.A. Document No. A-311 Feb. 1970 ED.
KNOW ALL MEN BY THESE PRESENTS:
That Flatiron Paving Company dba Flatiron Paving Co. of Greeley
(Here insert full name and address or legal title of the Contractor)
P. 0. Box 1137, Greeley., Colorado 80632
as Principal,hereinafter called Contractor,and THE WESTERN CASUALTY AND SURETY COMPANY and/or THE WESTERN FIRE INSURANCE COMPANY,
Fort Scott, Kansas, as Surety, hereinafter called Surety, are held and firmly bound unto WELD COUNTY, COLORADO
•
(Here insert full name and address or legal title of the Owner)
as Obligee,hereinafter called Owner, in the amount of Thre.e...Hundrad...N.imetyiFanr...Thousand...N.in.ety-One...Dollars
a.nd....5011.0.0 Dollars
($...394,Q91.50 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated April 2 19 81 entered into a contract with Owner
for construction of one mile grading, drainage and paving of Weld County Road 66 between
W.eld...County....Ro.ad..1.7..CZth...Stre.e.t)....an.d....ColoradQ...Slate Highway 257
in accordance with Drawings and Specifications prepared by ARIX,....2.0.2.1...Clubhouse Drive, Greeley, Colorado 80631
(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 respon-
sible bidder, or, if the Owner elects, upon determination by the Owner and the Suretyjointly 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 ex-
ceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term"bal-
ance 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 fa!ls 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 2nd day of April A. D. 19 81
FLATIRON PAVING COMPANY dba
In the presence of: • FLATIRON PAVING CO. OF GREELEY (Seal)
Attest: Principal
Ay L.a . r.� B% %_.
.. •
I - (Title)
THE WESTERN CASUALTY AND SURETY COMPANY
THE WESTERNS FIRE INSURANCE COMPANY
9"--14-7451..2—t
cif lc'd1 Sex) fl"--)`{/
Attorney-in-Fact
Performance nd for General Contractors.
SB 5715(1)
FORM FS 5617-R4 MUL.
1.1
•• :.�
i 1" F Bond No. 50 43 00
�
THE WESTERN CASUALTYAND SURETY COMPANY
FORT SCOTT, KANSAS
A STOCK INSURANCE COMPANY
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects, A.I.A. Document No. A-311 Feb. 1970 ED.
Note: This bond is issued simultaneously with performance bond in favor of the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That Flatiron Paving Company dba Flatiron Paving Co. of Greeley
(Here insert full name and address or legal title of the Contractor)
P. 0. Box 1137, Greeley, Colorado 80632
as Principal, hereinafter called Principal, and THE WESTERN CASUALTY AND SURETY COMPANY, Fort Scott, Kansas, as Surety, hereinafter called
Surety, are held and firmly bound unto WELD COUNTY, COLORADO
(Here insert full name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Three Hundred Ninety-Four Thousand Ninety-One Dollars and 50/100 Dollars
(Here insert a sum equal to al least one-half of the contract price,
($394x091.50 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors
and assigns,jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated April 2 19 81 entered into a contract with Owner
for construction of one mile grading...,,drainage..and...pa..ving....o.£_.Weld...Co.unty.Road...66...b.etween
Weld...County. Ra.ad...1.7 (7th Street) and Colorado Stat.e....Highway. 257
in accordance with Drawings and Specifications prepared by ARIX,...2021...Clubhouse...Drive,....G.re.el.ey.,...Colorado...8.0.631
(Here insert full name and addressor 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 herein-
after defined, for 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 of labor was done of 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 Prin-
cipal,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 whichsaid 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, post-
age prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of busi-
ness, 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 ingood 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 2nd day of April A.D. 19 81
FLATIRON PAVING COMPANY dba
In the presence of: FLATIRON PAVING CO. OF GREELEY (Seal)
Attest: -. -- (Principal)
// 53-s.i .T._
. (Title)
1. THE WESTERN CASUALTY AND SURETY COMPANY
TY
O/l.Q ette_C �� / -E��.p By ' W.In..l .✓� LCi
(((( `/ ` t" Attorney-in-Fact
MLIL.
•
POWER OF ATTORNEY
The Western Casualty and Surety Company
HOME OFFICE-FORT SCOTT, KANSAS
KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation
of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the
Stockholders of the said Company on December 2, 1953, to-wit:
"Section 27. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The president, any vice president or the secretary shall have power and
authority to appoint resident vice presidents, resident assistant secretaries and attorneys-in-fact, and to give such appointees full power and au-
thority to make, execute and deliver in the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and other under-
takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the
secretary shall also have power at any time to remove and revoke the authority of any such appointee-'
does hereby nominate, constitute and appoint
B. D. Peterson or William C. Bensler or Karen Stone,
or Scott Thomas or Margaret A. Meis of Greeley,Colorado
its true and lawful agent(s)and Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed:
Any and all bonds and undertakings.
Provided, No authority is extended for
the execution of Open Penalty Bonds.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply,
to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in
Fort Scott, State of Kansas, in their own proper persons.
The following Resolution was adapted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Surety Company, held
on the 10th day of November, 1970:
"RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney
executed in accordance with Section 27 of the Company Bylaws:and that any such Power of Attorney bearing such facsimile signatures, including
the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any
bond, undertaking or contract of suretyship to which it is attached.'
All authority hereby conferred shall remain in full force and effect until terminated by the Company.
IN WITNESS WHEREOF,THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice-President,
and its corporate seal to be hereunto affixed this 23rd day of .July 19 80
THE WESTERN CASUALTY AND SURETY COMPANY �,,,,W
$ SEAL
sit
STATE OF KANSAS By
COUNTY OF BOURBON ss Vice •
CPresident
On this 23rd day of July A. D., 19..80...., before the subscriber, a Notary Public in the State of Kansas in
and for the County of Bourbon, duly commissioned and qualified, came V. J. 0 r Gorek, Vice President of THE WESTERN
CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas to me personally known to be the individual and officer described in, and who exe-
cuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the
officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate
seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and
that Bylaw, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above
::t::oinnt
.
ip' 4p
ROTA Y
expires September 5, 1980 ifiere4 (
'.g .uau
Notary Public. '.,.Pue t
G. R. Cantrell Assistant Secretary of THE WESTERN CASUALTY AND SURETY COMPANY, do
hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTERN CASUALTY AND
SURETY COMPANY,which is still in full force and effect.
IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas, this 2nd day of
,A,prfl 19..81 jJ��/7 .y,,,,.,,,s
������CE • : SEAL
F
Assistant Secretary.
FORM FS S$90-RI
CHANCE GE-DER
•
•
CHANGE ORDER NO. 1
•
DATE: April 1, 1981
•
PROJECT: Weld County Road 66 PROJECT NO.:
•
TO (CONTRACTOR): Flatiron Paving Company of OWNER: Weld County •
Greeley
Justification: Increase in costs are due to unanticipated delay in Notice to
Proceed of four (4) months. Delay was time required to obtain authority to
construct a grade crossing at the Great Western Railroad track. •
You are directed to make the following changes in the work. All other terms and conditions of the Contract not
expressly modified hereby shall remain in full force and effect:
Item Descrintion Quantity Unit Unit Cost Total Cost
Schedule I --- Lump Sum -- -- $ 9,447.38
Schedule II --- Lump Stun -- — $ 24,554.45
Reinforced Irrigation Not
Concrete Box Canal Lump Sum --- lb $ 6,500.00
Culvert Diversion Exceed
Traffic --- Lump Sum --- --- $ 1,756.00
Islands
The original Contract Sum was • S
**394,091.50******
Net change by previous Change Orders . $ —0—
The Contract Sum prior to this Change Order was s**394.091.50******
The Contract Sum will be (increased) ffienlataq
(RefiSKNei by this Change Order S***42,257,83******
The new Contract Sum including this Change Order will be S**436,349.33******
The Contract Time will be ( ) ( ) (unchanged)
• by —0-- ( —0- ) Days. •
The Date of Completion as of the date of this Change Order therefore •
is August 3, 1981 .
•
Flatiron Paving Company Weld County
of Greeley Commissioners
CONTRACTOR OWNER
P.O. Box 1137 P.O. Box 758
Address Address
Greele o 806 Greeley. Color R[1R32
•
DATE Mar 31, 1981 DATE March 31, 1981
AGREEMENT
THIS AGREEMENT, made this 27th day of January, 1981, by and between The Board of
Weld County Commissioners, hereinafter called "Owner" and Flatiron Paving Company of
Greeley doing business as Flatiron Paving Carpany of Greeley hereinafter called
"Contractor".
WITNESSETH: That for and in consideration of the payments and agreements herein-
after mentioned:
1. The Contractor will conmence and complete the phased construction of one mile of
grading, drainage and paving of Weld County Road 66 between Weld County Road 17
(7th Street) and Colorado State Highway 257 situated south of Windsor, Weld County,
Colorado, Project No. 2817.
2. The Contractor shall furnish all the material, supplies, tools, equipment, labor
and other services necessary for the construction and completion of the Project
described herein.
3. The Contractor shall cannence 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 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
Ninety Three Thousand Nine Hundred'Fifty Two Dollars and 50 Cents--($ 93,952.50 )
for Bid Schedule I; and for the sum of
Three Hundred Thousand One Hundred Thirty Nine Dollars and 00 Cents-($300,139.00 )
for Bid Schedule II.
5. The term "Contract Documents" means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) General Conditions
(G) Supplemental General Conditions
(H) Payment Bond
(I) Performance Bond
(J) Notice of Award
(K) Notice to Proceed
(L) Change Order
(M) Drawings prepared by ARIX, A Professional Corporation, for Weld
County Engineering Department, numbered 1 through 22, Project No.
2817, and dated October, 1980.
(N) Specifications prepared or issued by ARIX, A Professional Corporation
for Weld County Department of Engineering:
Specifications and Contract Documents for the phased construction of
one mile of grading, drainage and paving of Weld County Road 17 (7th
Street) and Colorado State Highway 257 situated south of Windsor,
Weld County, Colorado, Proiect No. 2817.
(0) Addenda
NO. 1 , dated November 6 , 19 80
NO. 2 , dated November 7 , 19 80
NO. , dated , 19
NO. , dated , 19
(P) Notice of Contractor's Settlement
(Q) Final Receipt and Guarantee
(R) Other
None
6. The Owner will pay the Contractor in the manner and at such time as set forth in the
General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, 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:
BOARD OF WELD COUNTY COMMISSIONERS FLATIRON P NG ANY OF
By
NAME Chuck Carlson NAME /
(Please Type) (Pleas Type)
TITLE Chairman, Board of Weld County ADDRESS 1150 North 25th Avenue, P.O. Box
Commissioners 1137, Greeley, Colorado 80632
(SEAL) (SEAL)
•
A ativIA9sl ATTEST:
i
���''Jeannette OYdxay / kame
(Please Tie) )/ le
Title Clerk to the Board Title
•
NOTICE OF AWARD _.
"PHASE I (Bid Schedule I)"
TO: Flatiron -Paving Canpany of
- Greeley. .
• P.O. Box 1137'
1150 North 25th Avenue
Greeley, Colorado 80632 •
Project Description: Construction of one mile of grading. drainage and paving
of' Weld County Road 66 between Weld County Road 17 (7th Street ) and Colorado
State Highway 257, situated south of Windsor'; Weld County, Colorado.
The Owner, represented by the undersigned, has considered the Bid submitted
b9 you for the above described work in response to its -Advertisement for Bids
dated October 23 , 1980 , and Information for Bidders.
You are hereby notified that your Bid has been accepted for construction of one mile
of Weld County Road 66 between Weld County Road 17 (7th Street) and Colorado State Hig'
way 257, situated south of Windsor Weld Cnmty, Cnlnraan
in the amount of Ninety Three Thousand Nine Hundred Fifty 'Ran Dallars and Fifty Cents
($**93,952.50*******). This award is made contingent upon the Colorado Public Utilitie
Cc nnission approval of the Weld County application for a grade crossing,over the Great
Western Railway.
• You are required by the Information for Bidders to execute the .f.greement and
furnish the required Contractor's performance bond, payment bc,:i 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 Notice, said Owner will be entitled to consider
all your rights arising out of the Owner's acceptance of your Bid as abandoned
and as a forfeiture of your Bid 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 thirty—first day of ! np„e,,,hpr , 19 80._.
• Weld County Board of Commissioners
. (Owner)
•
By: 17/Air064. eV .
Title: Director of Engineering Services
ACCEPTANCE OF NOTICE
•
•
Receipt of the above Notice of Award is hereby acknowledged
by f� Ad.-, ?J/..g Cie
thi 71s t 2 3l sr-
day of _ c , 19 Ye/ .
By Title �4Pie - ryo:
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