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Home My WebLink About880145.tiff AGREEMENT THIS AGREEMENT, made this 17th day of February, 1988, by and between THE BOARD OF WELD COUNTY COMMISSIONERS, and BEST-WAY PAVING CO. doing business as BEST-WAY PAVING CO. 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 1988 RUBBERIZED CRACK FILLING CONTRACT 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 therein for the sum of One hundred twenty-one thousand two hundred twenty and No/100 Dollars ($121,220.00), for the project 1988 RUBBERIZED CRACK FILLING CONTRACT � OO 10 850145 5. The term "Contract Documents" means and includes the following: (A) Advertisement (B) Information for Bidders (C) Bid (D) Bid Bond (E) Agreement (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 Weld County Engineering Department, numbered • (N) Specifications prepared or issued by WELD COUNTY (O) Addendum No. , dated , 1988 No. , dated , 1988 No. , dated , 1988 (P) Notice of Contractor's Settlement (Q) Final Receipt and Guarantee (R) Other 6. The County 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, administrators, successors, and assigns. 880145 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above. BOARD OF WELD COUNTY COMMISSIONERS Ahe �� CONTRACTOR BY BY NAME Gene Brantner (Please Type) NAME BEST-WAY PAVING CO. . (Ple Type) TITLE Chairman TITLE lei- 4 . Address 131 NORTH 35TH AVENUE POST OFFICE BOX 3189 GREELEY, CO 80633 (SEAL) (SEAL) TEST: ATTEST: Yammto ci.„,...„ ,es......._ NAME Mary Ann Feueretein NAME 'flay de. en....., (Please Type) (Please Type) TITLE Weld County Cle & Recorder TITLE rrea.ssvr.,r 5- putt' County C e :rcbp 880145 NOTICE OF AWARD TO: BEST-WAY PAVING COMPANY 131 NORTH 35TH AVENUE POST OFFICE BOX 3189 GREELEY, COLORADO 80633 PROJECT DESCRIPTION: 1988 RUBBERIZED CRACK FILLING CONTRACT The County, represented by the undersigned, has considered the bid submitted by you for the above described work in response to its Advertisement for Bids dated January 14, 1988. You are hereby notified that your bid has been accepted for 1988 RUBBERIZED CRACK FILLING CONTRACT in the amount of One hundred twenty-one thousand two hundred twenty and No/100 Dollars ($121,220.00). 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 Notice, said County will be entitled to consider all your rights arising out of the County's acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The County 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 County. Dated this 24th day of February, 1988. THE BOARD OF WELD COUNTY COMMISSIONERS (County) Cass;BY: Title: GFv ,.\y Ek.,* nor• 880145 ti ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the j y,-4 day of /Coif as ry , 1988. BY: / Title://its C„,„.>"/" 4+. 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 of Colorado. :rcbp 880145 INLAND P.O. Box 80468 UNIVERSAL INSURANCE COMPANY Lincoln, Nebraska 68501 SURETY COMPANY PERFORMANCE BOND Approved by The American Institute of Architects A.1 A Document No.A311(February 1970 Edition BONO NUMBER 999485 KNOW ALL MEN IT THESE PRESENTS: That BEST—WAY PAVING COMPANY P,0, BOX 3189+ GREELEY& COLORADO 80633 as Principal, hereinafter called Contractor, and.UNLYZE15,AT,:..Sd7.Rk',TX...CQMPANY a corporation organized and existing wider the laws of the State of Nebraska,Lincoln, Nebrara, as Surety, heNdnafter called Surety, are held and tinnly bound unto...BOARD...OF WELD COUNTY COKMISSI0I%ERS& 915 10th STREET& GREELEY., COLORADO 80631 as Obligee, hereinafter called Owner, In the amount of...QN ,........................................................ TWE1.TX ,NW 14(1/100 Dollars is 121,x220„00 ) for the payment whereof Contractor and Sorely bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS„ Contractor has by written agreement dated ...F.EBRUARX...2e 19.88 entered into a contract with Owner for 1988 RUBBERIZED CRACK FILLING CONTRACT in accordance with drawings and specifications prepared by WELD COUNTY ion DEinaePARTMENT OF ENGINEERING ph YiifiOSRuid"iYirass) 915 a,Q}ti„_$.TREET, GREELFtXx COLORADO 80631 which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW. THEREFORE. THE CONDITION OP THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be nil and void;otherwise it shall remain in full force and elect. 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 e bid or bids for co pletieg the Contract in accordance with its terms and conditions, sad upon determination by Surety of the low- est responsible bidder, or, if the gamer elects, upon determination by die Owner and the Surety pinny of the lowest responsible bidder, arrant for a contract between suck bidder and Owner, and make available as Work progresses (evon though there should be a.default-az a succession of defaults under the contract or contracts of completion arranged under this pamper) sufficient funds to..pay the cost-o1 completion less the balance of the contract price; but not exceeding, including odor costs and deluges for which the Sarety.a .be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contrast price," es used ie this parajpaph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the ascot 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 ed this 24th day of February 19. 9 In the pre .. o... o """ ....BFS.T-WA. ...RAVING...CO X / pre ) - mom 4 _UN X>k'#(SAL TY • CQMPANy l 170;liZrnin....°C. By „,e %! - A Atto ey—in—Fact Surety u • in set 880145 r. INLAND P.O. Box 80468 UNIVERSAL INSURANCE COMPANY Lincoln, Nebraska 68501 SURETY COMPANY LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A. I.A.Document No. A-311 (February 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: BONO NUMBER 999485 That BEST—WAY PAVING..COMP.ANY P.O. BOX 3189, GREELEY, COLORADO 8063.3 as Principal, hereinafter called Principal, and -UN?VE ISAL.SURETY.COMPANY a corporation organized and existing under the laws of the State of Nebraska.Lincoln, Nebraska,as Surety, hereinafter called Surety, are held and firmly bound unto...BOARD.OF WELD.COUNTY.COMMISSIONERS, .015..10th..S MEET,•GREELEY,•COLORADO ••80631 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED. . .TWENTY-ONE.THOUSAND.TWO•HUNDRED•TWENTY. AND-NO/100 -----Dollars(S.121,220,00 ), 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 . EEBRUARY 2, 19. 88 entered into a contract with Owner for 1988 RUBBERIZED CRACK FILLING CONTRACT in accordance with drawings and specification prepared by (Here insert full name, title and address) 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, 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 sub-contractor 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, iF being understood, however, that it 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 ta 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 sang partathnd roof, is situated, or in the United States District Court for the district in which the project, or any part (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 24th day of February 19 88 BEST—WAY PAVING CO PAN... ... BY (Seal) twit s Principal //� y UNIVERSAL SURETY COMP `�/ ko�.G.�'�- - mums) By _ z„,..._.......__.ELI/a. . (Seal) vlivnnes,) Attorn -in—Fact Surety This bead is issued simultaneously with►enesmance Nod in rarer of the Owner condibened an the tun cad faithful perlermanee at the Centrist. 880145 u & 10612 UNIVERSAL SURETY COMPANY LINCOLN, NEBRASKA • POWER OF ATTORNEY • 3anatn All Ant 3IRu (these Presents: That the UNIVERSAL SURETY COMPANY,a corporation of the State of Nebraska, having its principal office in the City of Lincoln, Nebraska, pursuant to the following By-Law, which was adopted by the Board of Directors of the said Company on July 23, 1981, to-wit: • "Article V-Section 6. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT.The President or any Mee-President,acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Mee-Presidents and Attorneys-In-Fact,with the power and authority to sign,execute, acknowledge and deliver on its behalf,as Surety:Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation.The President or any Vice-President,acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time." does hereby make, constitute and appoint Norman D. Noe or Gladys L. Conrady or Lawrence E. Lutgen, Greeley, Colorado • its true and lawful Attorney(s)-In-Fact, to make, execute, seal and deliver for and on its behalf, as Surety: Any and all undertakings of suretyship • 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 Lincoln, Nebraska, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the Universal Surety Company, held on July 23, 1981: "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 Article V-Section 6 of the Company By-Laws; 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, UNIVERSAL SURETY COMPANY has caused these presents to be signed by its Mee-President and its corporate seal to be hereunto • affixed this 1st day of June , 19 87 UNIVERSAL SURETY COMPANY rm�, �' , + ioRPa t 1 By \ �,,� ,y - , St�;a L Secretary Mee- resident `*'l,,.,R.•', State of Nebraska ss. County of Lancaster On this 1st day of June 15 87 , before me personally came Robert L. Privett to me known,who being by me duly sworn,did depose and say that(s)he resides in the County of Lancaster,State of Nebraska;that(s)he is the Vice-President of the UNIVERSAL SURETY COMPANY,the corporation described in and which executed the above instrument;that(s)he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that ft was so affixed by order of the Board of Directors of said corporation;that(s)he signed(his)(her) name by like order;and that By-Law,Article V-Section 6,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now In force. • /�� st( 677E 0 Lams O, I eiMS NOTARIAL SMALL �TpF OP XNRARNA My Commission Expires 822-89 Notary Public I, Thomas A. Tallman ,Assistant Secretary of UNIVERSAL SURETY COMPANY,do hereby4ertiy that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNIVERSAL SURETY COMPANY, which is still in full foroaand effect. Signed and sealed at the City of Lincoln, Nebraska this 24th day of February , 19 a8 ,V , • CQ /fjJ • C� CORgRAR 1 SEAL As start Secretary 880145 Hello