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HomeMy WebLinkAbout850311.tiff AGREEMENT THIS AGREEMENT , made this 11th _. day of �pptemher 1925_, by and between The Board of Weld County Commissioners, hereinafter called "Owner" and Criswell Quality Construction. 915 44th Avemie court #l, Greeley, CO 80631 doing business as Criswell Quality Construction hereinafter called "Contractor'' . WITNESSETH : That for and in consideration of the payments and agreements here- inafter mentioned: 1. The Contractor will commence and complete the phased construction of Metal Building (Post & Beam or Steel ) Grader Shad-Mead, 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 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 Twenty-three thousand eight hundred sixty-three and 20/100 Dnllarc .($ 23,863.20 ) for Metal Building (Post & Beam or Steel ) Grader Shed - Mead, Colorado Single Shed approximately 25' x 50' with pitched roof, 16' eave height minimum, with steel siding ceiling, fencing. Complete and randy for use. 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 byPel Cut led CountloEngineor ering Department, numbered of/to _, 850311 (1N) Specifica '-ions prepared or issued by (0) Addenda 19 , No. , datcd 19 No. , dated 19 No. , dated _ No. , dated _ , 19— No. , dated , 19 No. , dated _, 19--- (P) Notice of Contractor's Settlement (Q) Final Receipt and Guarantee (R) Other as set forth 6. The Owner General Conditions Contractor the and time suchamountsrequired by the Contract in theDocuments. 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: CRISWELL QUALITY CONSTRUCTION The Board of Weld County u Commissioners /����� Ben ciQ k a .60 BY rue 6 Jacqueline Johnson Name Y. En Criswell Name lease Type) (Please Type) Title Owner Title Chairman Address 915 44t Ave. Ct . r;3 Greeley. Colo. 80634 (SEAL) \A (SEAL) ATTEST: ATT i' 9 7., .,nn bra y33 ii Name ocsi Name Mary Ann Feuerstein p dse T (Please Type) Title County Clerk and Recorder Title J B My Comton cx,..ral eputy County Cl rk Way 2.3, 1;13) Bon c # TPI 616947 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Criswell Quality Construction Name of Contractor 915 44th Avenue Court #3 Greeley, CO 80634 Address of Contractor a Individual , hereinafter called Principal , and Corporation, Partnership, or Individual Transamerica Premier Insurance Name of Surety 17.671 Cowan Avenue Irvine, California 92714 Address of Surety hereinafter called Surety, are held and firmly bound unto The Board of Weld County Commissioners Name of Owner Weld County. Colorado Address of Owner hereinafter called Owner, in the penal sum of Twenty three thousand eight hundred sixty three and 20/104911ars, ($ 23 ,863. 20 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 severely, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the llthday of September , 198_85 , a copy of which is attached and made apart hereof for the construction of: Metal Building (Post and Beam or Steel) Grader Shed- Mead , Colorado NOW, THEREFORE, if the Principal shall well , truly and faithfully perform its duties , all the undertaking, covenants, terms,-conditions , and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason - of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain 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 work to be performed thereunder or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract of the work or to the specifications. 1 of 2 850312 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. IN WITNESS WHEREOF, this instrument is executed in one counterparts, number each one of which shall be deemed an original , this the 21st day of September , 19 85 • ATTEST: Criswell Quality Construction Princip BY E,;(1)9,=;(1) _A-micteil (S) Principal Secretary Eric J Criswell Ow er (SEAL) d 915 44th Avenue Court #3 Witless as •o Principal Address d'0 o zy Ca )67,3z Greeley, Colorado 80634 Address ATTEST: Transamerica Premier Insurance CSurety Secretary (SEAL) Wt'n (2-6-7" By i ess as Surety Attor ey-in-Fact Thomas Sauer ft. U keiv of?, 17671 Cowan Avenue Address Address )6 Lv s063ot Irvine , California 92714 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. 2 of 2 Bond TPI 616947 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS : that Criswell Quality Construction Name of Contractor 915 44th Avenue Court #3 Greeley, CO 80634 Address of Contractor a Individual , hereinafter called Principal , and Corporation, Partnership or Individual Transamerica Premier Insurance Name of Surety 17671 Cowan Avenue Irvine , California 92714 Address of Surety hereinafter called Surety, are held and firmly bound unto The Board of Weld • County Commissioners Name of Owner Weld County , Colorado Address of Owner hereinafter called Owner, in the penal sum of _ Twenty three thousand Base Bid eight hundred sixty three and 20/100 Dollars ($ 23 ,863. 20 ) in a 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 such that whereas, the Principal entered into a certain Contract with the Owner, dated the 11th day of September , 19 85, a copy of which is hereto attached and made a part hereof for the constuction of: Metal Building (Post and Beam or Steel) Grader Shed- Mead, Colorado NOW , THEREFORE , if the Principal shall during the entire length of said Contract and any extensions thereof promptly make payment to all persons , firms, sub-contractors, and corporations furnishing materials for or performing labor in the prosecution of the _ work provided for in such Contract, and any authorized extension or modification there- of, 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 by sub-contractor or otherwise, then this obligation shall be void; 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 wise 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 no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WIT KESS WHEREOF , this instrument is executed in one counterparts, each one number of which shall be deemed an original , this the 21 sf day of September , 19 85. Criswell Quality Construction ATTEST: Principal C / (S) Principal Secretary Eri J Criswell 0 er (SEAL) tc�te,Jite--- 913 44th Avenue Court #3 Wi ness as to Principal Address f6 . 4 4 0--)8 Greeley , Colorado 80634 Address CU �U� 3L Transamerica Premier Insurance 7 , Surety ATTEST: Surety Secretary (` (SEAL) / By W tness as to Surety Attorn y In Fact Thomas Sauer P. 6 cEct 578 17671 Cowan Avenue q Address Address co 0 3a Irvine , California 92714 NO1E: 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. - li� Transamerica T Adminisharansa IcaIrvine.Calii Premer Insurance Company fn_attice ornia Insurance Services —_ N2 1722 GPA Power of Attorney valid only if numbered in red. General Power of Attorney Know All Men by These Presents,That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint_ THOMAS SAUER of Denver and State of Col orado its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. Guarantee Agreement) - MAXIMUM PENALTY $500,000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $100,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $10,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31 , 1986" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved,that the President,any Vice-President,any Secretary or any Assistant Secretary shall he and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1.Attorney-in-Fact.Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance ny has caused these presents to be signed by its President June &D., 19 85 `%Cg 1FR l�"„�� and its corporate seal to be hereto affixed this 21st. day of 2 ,!..4, / \ TRANSAMERICA PREMIER INSURANCE COMPANY K *._ ED By JULY 1, I9A1) :::: ss.: CAL lr()R S1A On this 21st. day of June ,in the year 1985 before me Joan M. Wynn , a notary public, personally appeared Jack M. Trapp , personally known to me to be the person who executed the within instrument as President , on behalf of the corporation therein named and acknowle ' jt. OFFICIAL SEAL jo JOAN M. WYNN ,. 14 - i NOTARY PUBLIC-CALIFORNIA � Q /�' �` „ r� 1 PRINCIPAL OFFICE IN �i t✓(� w�OM ORANGE COUNTY Notary Public MY COMMISSION EXPIRES SEP. 18, 1987 I,the undersigned Secretary of Transamerica Premier Insurance Company hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation,may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company,this 21st day of September 19 85 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO- TPI 616947 Secretary 30024 8-84 NOTICE OF AWARD TO : Criswell Quality Construction - 915 44th Avenue Court #3 Greeley. CO 89634 Project Desription: Metal Building (Post and Beam or Steel ) Grader Shed - Mead, 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 August 27 —, 1985 , and Information for Bidders. You are hereby notified that your Bid has been accepted for Metal Building (Post & Beam or Steel ) Grader Shed - Mead, Colorado in the amount of Twenty-three thousand eight hundred sixty-three and 20/100 Dollars -($ *23,863.20******* ) . 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 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 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 L2.. day of `a..¢l _, The Board of Weld County Commissioners • (Owner) • By: `p•�h �9_�? _, on . arroll Title: dministrative Manager • ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this is the X 1 day of Sfic, , 19_ �• By: Title: ) r.v/IPr 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 ♦1.a cr.+a whara the Project is located. �� � � t=•,i•?�"I*4t' � �tr'� P��s ��. -, k. M y t�.f r � && y,� s ,4.--..; d yt, , , k•e.•{� :.-....::!..V.141% M, 5 t ,3}j +�� +a.St ,r'l -t u ' t�7. < N' AY.µ :`'..4:1_44_7";1,3K1.'7..: -4e f �. � .45 i"'G K�a ��k"b U - 4 if i . ' iHt�c,Ci;rR'T16VC.A7'Ei LS l E,fy',AS AT l'16'.14 O,F fNfCtN16a? -;QritV ANU C0NFEFi5 'VO La{��M '8N T4F.'Ef7TIK G''�� -,41.46-„ .,,� v } 4 Ki+ r 1T l'O G `�.-'• !ii� IH1.Si.C ERt1F1I'ATr; r)CI�ySE. iS=AMLNn !-.k'END Q{i ylF4. rT'�+iOVERAGF.AFrOIiDEr) BY THE ':!tS I • ' '' l.i tiJ cSfiL(3�J _; ��; £ •!.i-r'1_ ., i-.'. 1.)FIS-JS ',, AGENCY '= _ INC. _.— COVERAGES GEs !_ — . ... . .._. ee••�• • COMPANIES AFFORDING OVEIiA 3 '.. L. -_'-31_iC. .t. tjr7«.1v Ciesi lt`aS'�.l R�.I�sCE. C a COMPANYLETTER F UNION INSURANCE COMPANY Di OMPAN ^, :C .t � I-C1 LETTER 0 M HO AGC!--H?E3 " ,.;IiRF... I COMPANY C sx. 1 LETTER V 0,,_, ERIC CRISWELL dba lCOMPANY D { CRISWELL QUALITY CONSTRUCTIONLETTER - ---•------- ._--. .y. Iii 915 44th Avenue Court, #3 I COMPANY E `' e, LETTER�;t Greeley, CO 80634 - — — I .: ..t is, --'>certth,.t tJC' urner,es rt•tr : e: listed i r,a certificate may be issued orured named may pertain,theve and are in force Insurance alforde gt by the time. polici s de clbedrh en is subject to all fi racuithment,term n'wn* exclufrun' y_. r::;r5-7;r?�nir:Gl 7CCwn�+ru•vitL respect to which,!Is -- ,. and C•'.nCnions of such po!ir.ies. Limits of�iabilli in ThflusanJ� (QBa�___.. < ' iL'MF NY! POLICY EACH —.._..— POLICY NUMBER ..—.— �PVRAI.ON 7ATE— --- .. C:'URRE•NCE '+GL,RE::A-,E :P`r LE-f7:t'� T'(?F. OF !N;S.iR:'d1t:E INJURY .{._—._------t`E _ + GENERAL til�BlLITY I BODii.Y INJURY $ V COMPREHI ix ENSIVEFQPM I , PROPERTY DAMAGE $ • r A..PI?E4:I::r`:—CL>EFATIONS I i °' EXPLOSION AND COLLLPSE — Y3 . 1 — riA Ar-L, .—_UNGERGROI,ND HAZARD j I 4A- '.!-; X_PRODUCT S/COMPLETED `` p BODILY INJURY AND '300 s 300, 1 A OPERKI.F.�NS HAZARD SCO 465 23 66 I 6-6-86 jpODILY IY DAMAGE i y GUr!TRA::Tr AI 'NSt RANG£ COMBINED : �S yA B+i:Ail i URM PROPERTY i 1 v IA INDE• -:NOuNT 1 X CONTRACTORS j PERSONAL INJURY l 300, '• I-- a(:aq:.hL1t INJURY ` $ AUTOMOBILE LIABILITY 1 (EACHNJU ) INJURY .-- BOORV N.1'JY $ { BOOR A--IDENT, _ COMPREHENSIVE FORM I Il _ PROPERTY CAMAGE � BODII_" INJURY ANC --1'IOHIR PROPERTY DAMAGE I $ iIQ!.Lr')c!"a .l I —_ COMBINED F— ____._ . i EXCESS LIABILITY BODILY rNJURY AND PROPERTY DAMAGE $ --UMBRELLA FORM i COMBINED i IS j—O:'Hc3 HAN UMBRELLA _ i FORM —��— --- STATUTORY --- WORKERS'COMPENSATION and $ I EMPLOYERS' LIABILITY ----. ter c+ACC,UErl! • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Project: Construction of Metal Building Grader Shed, Mead, Colorado Cancellation: Shouid any of the above described policies be cancelled before the expiration date thereof.the issuing corn- pany will endeavor to mail 30 days written notice to the below named certificate holder. but failure to mail such notice shall impose no obligation or liability of any kind upon the company. xt. NAME AND ADDRESS OF CERTIFICATE HOLDER: �T September 23, 1985 DATE ISSUED:_. n BOARD OF WELD COUNTY COMMISSIONERS FLOOD . PETERSON INSURANCE. Nc. { ; 915 10th Street j Greeley, CO 80631 • II �--_- -- 1 _____/ -12.A.L. J___70,'LTI-g..„) A HORIZED REPRESENTATIVE :tea ' -_ _ Hello