HomeMy WebLinkAbout850314.tiff AGREEMENT
. . S AGPEEREGT , Lade this 28th___ day of August_._ , 15.85 , by and
between The Board of Weld County Commissioners , hereinafter called Owner' and
BUCKLEN EOUIPMENT CO. , 804 N. 25th Avenue, Greeley, CO 80631
doing business as BUCKLEN EQUIPMENT CO.
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
1985 PROSPECT VALLEY GRAVEL HAULING AND SPREADING
(approximately 30,000 ton)
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 ott._rwise 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
forty-two thousand twn hundred and Nn/1nU —
($142,200 On --�
for
1985 PROSPECT VALLEY GRAVEL HAULING AND SPREADING
5. The term "Contract Documents" means and includes the following :
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(0) Bid Bond
(E) Agreement
(F) General Conditions
(G) Supplemental General Conditions
(H) Payment Bond
(I) Performance Bond
(3) Notice of Award
(K) Notice to Proceed
(L) Change Order
(M) Drawings prepared by Weld County Engineering Department, numbered
of/to
850314
(0) Addendum I9
No. , dated _—
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 As per attached map
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 Board of Weld County Commissioners BUCKLEN EQUIPMENT CO.
er-c-oek4rcivoAfr-r 1 By /®
Name Jacqueline Johnson Name Swear Buckler
(Please Type) (Please Type)
Title Chairman Title Vice President
Address 804 N. 25th Avenue
Greeley, CO 80631
(SEAL) (SEAL)
AI �ES_T: ATTEST: // —
Name Ma I Ann Feuerstein M me Judy T,. Rnekl an_
(Please Type) (Please Type)
Title County Clerk and Recorder Title ;;eeretarr,
and Clerk to the oard
D puty County Cl rk
111EillORAIIDUM
To Clerk to the Board Date Au ust 1985
COLORADO From_ Drew L. Scheltinga, County Engineer
Subject Agreement
Please place the attached agreemenisin the Board's signature packet.
Return both originals to the Engineering department for the contractor's
signature. Upon completion we will return one original to you for your
files.
If you have any questions, please call me.
DLS/bf
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
Bucklen Equipment Company, Inc.
Name of Contractor
804 North 25th Avenue, Greeley, Colorado 80631
Address of Contractor
a Corporation , hereinafter called Principal , and
Corporation, Partnership, or Individual
United States Fidelity and Guaranty Company
Name of Surety
P. 0. Box 1138, Baltimore, Maryland 21203
Address of Surety
hereinafter called Surety, are held and firmly bound unto
The Board of Weld County Commissioners
Name of Owner
915 10th Street, Greeley, Colorado 80631
Address of Owner
hereinafter called Owner, in the penal sum of One Hundred Forty-Two Thousand
Two Hundred Dollars and no/100 Dollars, ($ 142,200.00
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
severaly, 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 28th day of August
198 5 , a copy of which is attached and made apart hereof for the construction
of:
1985 PROSPECT VALLEY GRAVEL HAULING AND SPREADING
NOW, THEREFORE, if the Principal shall well , truly and faithfully perform its
duties, all the undertaking, covernants , 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 .
,
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 seven (7) counterparts ,
number
each one of which shall be deemed an original , this the 5th day of
September , 19 85 .
ATTEST: BUCKLEN EQUIPMENT COMPANY , INC.
Principal
��
//0 is BY row ter (S)
/ Principal Secretary
(SEAL)
804 North 25th Avenue
WitnxxxxitsxamxfkAwAxmd Address
Greeley, Colorado 80631
Addxxmas
ATTEST:
8Nr6tyx8 h5,
UNITED STATES FIDELITY AND GUARANTY COMPANY
(SEAL)
fi � By f rt�i. Jits as to Surety A torney-in-Fact
P. 0. Box 578 P.O.Box 1138, Baltimore, Maryland 21203
Address Address
Agent: Flood & Peterson Insurance, Inc.
Greeley, Colorado 80632 P. 0. Box 578, Greeley, Colorado 80632
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
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS : that
Bucklen Equipment Company, Inc.
Name of Contractor
804 North 25th Avenue, Greeley, Colorado 80631
Address of Contractor
a Corporation , hereinafter called Principal , and
Corporation, Partnership or Individual
United States Fidelity and Guaranty Company
Name of Surety
P. 0. Box 1138, Baltimore, Maryland 21203
Address of Surety
hereinafter called Surety, are held and firmly bound unto
The Board of Weld County Commissioners
Name of Owner
915 10th Street, Greeley, Colorado 80631
Address of Owner
hereinafter called Owner, in the penal sum of _ One Hundred Forty-Two Thousand
Base Bid
Two Hundred Dollars and no/100 Dollars
($142,200.00 ) 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 28th day of August
1985 , a copy of which is hereto attached and made a part hereof for the constuction
of:
1985 PROSPECT VALLEY GRAVEL HAULING AND SPREADING
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 WITNESS WHEREOF , this instrument is executed in seven counterparts, each one
number
of which shall be deemed an original , this the 5th — day of September , 1985 .
BUCKLEN EQUIPMENT COMPANY, INC.
ATTEST: Principal
0 -4'c -"z'- - By ≥L ��— — (S)
Pri l�Jcipal Secretary
(SEAL)
804 North 25th Avenue
>WAxxxxxxxxlxxx9axiamigack Address
Greeley, Colorado 80631
PAckinesc
UNITED STATES FIDELITY AND GUARANTY COMPANY
Surety
ATTEST:
aenedxyoSecoscixaoxy
(SEAL)
Gh1 -d By lAr J
itne as to Suretyttorney-In-Fact
P. 0. Box 578
P.O.Box 1138, Baltimore, Maryland 21203
Address Address
Greeley, Colorado 80632 -- Agent: Flood & Peterson Insurance, Inc.
P. 0. Box 578, Greeley, Colorado 80632
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.
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 8.118.5
Know all .11en by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland. and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Karen Stone
of the City of Greeley , State of C,
its true and lawful attorney in and for the State of 1°rod o
Colorado
for the following purposes, to wit:
To sign its name as surety to. and to execute, seal and acknowledge any and all bonds. and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY• a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Karen Stone
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice.President and Assistant Secretary, this S t h
October , A. D. 19 73 day of
UNITED STATES FIDELITY AND GUARANTY COMPANY,
( Signed) By Charles Wr. Boone
(SEAL) Vice-President.
(Signed) G. Hilyard
Assistant Secretary.
STATE OF MARYLAND, )
BALTIMORE CITY, J} ss`
On this 5th day of October , A. D. 1973, before me personally came
Charles 1. Boone , Vice.President of the UNITED STATES FIDELITYAND GUARANTY - -
COMPANY and 'Si G. II i lyard , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said Charles W. Boone and ''�, G, 1111 yard were respectively
the Vice.President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor•
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion, and that they signed their names thereto by like order as Vice.President and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July,A.D. 19....7.1..
(SEAL) (Signed) Herbert J . Aull.
STATE OF' MARYLAND )
iVotary Public.
BALTIMORE CITY, 1} Sct.
I, Robert H. House , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record- and has a seal, do hereby certify that ❑e rh e-r t J. .1 ul 1 , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland. in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this t h day of Oct o b e r , A. D. 197G
(SEAL) (Signed) Robert U . House
FE 3 fo-s7l Clerk of the Superior Court of Baltimore City.
COPY OF RESOLUTION
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
There/ore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice.
Presidents in conjunction with its Secretan' or one of its Assistant Secretaries, under its corporate seal. to appoint any person or persons
as attorney or attorneys-in-fact. or agent or agents of said Company, in its name and as its act. to execute and deliver any and all con-
tracts guaranteeing the fidelity of persons holding positions of public or private trust. guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same. which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board.
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed. made, taken. given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest,
municipality or other association or organization whatsoever, in any and all capacities whatsover. conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation. stipulation, or undertaking, or
anything in the nature of either of the same.
1, T. Hartley Marshall , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
Karen Stone
of Greeley , Colorado , authorizing and empowering her
forth, which power of attorney has never been revoked and is still in full force and effect. to sign bonds as therein set
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore. on the 11th day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution,and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on September 5, 1985.
(Date) apilL
`f"� yp Ine<s-arge :1411.1/4491
Assistant Secretary.
ATIFICATE OF INSURANCE
Q16, 11
o issued by the
t1.1 F� % STATE COMPENSATION INSURANCE FUND 1314*
zo
5C
4
K -.,.. 950 BROADWAY mss ,
N. : r DENVER, COLORADO 80203 tr+ " $
ANPRONE ( 303 ) 866-2560
TO WHOM IT MAY CONCERN:
This is to certify that this department has issued a Standard Workmen's Compensation and Employer's
Liability Policy as described below covering the liability imposed upon subject employers by the Work-
men's Compensation Act of Colorado, said policy being in good standing as of this date. 1 / 31 /85
POLICY NUMBER 086294 2
POLICY PERIOD 1 /01 /85 TO 1 /01 /86 QUARTERLY ADJUSTMENT
INSURED :
BUCKLEN EQUIPMENT CO
804 N 25 AVE
GREELEY CO 80631
DATE OF ORIGINAL ISSUE: 1 / 26/77
All policies are subject to the following provision of the Workmen's Compensation Act with respect to
cancellation:
Section 8-54-114. If any employer shall be in arrears for more than twenty days in any payment required
to be made by him to the State Compensation Insurance Fund as provided by this Act, he shall by virtue
of such arrangement be in default of such payment and any policy issued to him by said Fund shall there-
upon be cancelled without notice as of the effective date or renewal date of said policy.
STATE COMPENSATION INSURANCE FUND
Weld County
Prospect Valley Gravel Hauling
500379-85
CINDY SWANSON
ADMINISTRATIVE CLERK
* * FOR ADDITIONAL COPIES, THIS CERTIFICATE MAY BE REPRODUCED. **
k 3 u �� 9/5/85 s
^
^_A PRODUCER THIS I: II IC,
TE IS IS WE , - "+1ATTEIi II ONLY AND CONFERS i:'AA.
c I 1 F41I;HTS PUN THE CER x E FOLDER 'r LTE DOES NOT AMEND,
EXTEP D OR AL TER THE CC t A IE AFFOFI '•* ICIES BELOW. 7, T,
'.w. FLOOD & PETERSON INSURANCE, INC. - - - --- ,
P.O. Box 578 —
Greeley, CO 80632
GDP/PAW t :FOFI�F t.:;i 'RAGE
COMPANI A
f, ;1 AilirsT Insurance Company of North America k
I
y,
COMPANY B rte.
'41
-s1 ._4. LETTER
,, INSURED _—__—
R
Richard Bucklen and/or Bucklen COMPANY LE'!'TER C _.
Equipment Company ------- -- - `� 4
P.O. Box 1647 L MP V EERY D
LETTER ¢$
(. Greeley, CO 80632 cc `'
MP4rv- ---E
I ETTER
COVERAGES;: t
THIS IS TO CERR THAI POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE OF POLICY PERIODINDICATED
'c` NOTWHST ANT INO ANY REQUIREMENT•TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RE SPEC. 'T v CH THIS CERTIFICATE MAY
"°*`, BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI I HE' M EXCLUSIONS,AND CONDI r
TIONS OF SUCH POLICIES f.,Ir•
1C CO — oL.Y eFFECrnc o� ^E%PIPA `^ '�- IY LIMITS IN THOUSANDS X
"T"3 LTR TYPE OF ^+oIPaANCE POLICY NUMREFI IAT°(MM/00M) n'F(MMND r EACH AGGREGATE `d,
`n
1 OCCURRENCEAt
.
r Iv
yI GENERAL IJABIL ITV BUD �".'
w „ A x COMPREIENSDJ FORM GLP CO 77 67 71 7 07/01/85 07/01/86 NIP $ $
elITI
X PREMISE'J/OPERATIONS PEO� P^ `�
i' ° -X UNDERGROUND �oAM<;,L $ $ "`
IXPLOSION&COLLAPSE HAZARD l-
r; X PRODUCTS/COMPLETED OPERATIONS
BI
X CONTRACTUAL COMBINED'$ 500 $ 500
E , ! X INDEPENOENI CONTRACTORS L I `'
x BROAD FORM PROPERTY DAMAGE "
PERSONAL INJURY <
X PERSONAL INJURY $ 500 f •
AUTOMOBILE LIABILITY NA F.
A x ANY AUTO CAL 839919 07/01/85 07/01/86 _P°'N°" $ )
ALL OWNED AUTOS(PRIV. PASS-) RE NO
N U a F N
I X ALL OWNED AUTOS(PRIV RPN55N) P—.IreFI,_ $ ,tt --
1'4 x HIRED AUTOS PROPERTY
Jn i
A x NON-OWNED AUTOS DAMAGE $ �ts
GARAGE LIABILITY
COMBINED $ 500
EXCESS LIABILITY
B a BD $ $
I UMBRELLA FORM comBINED AA
T OTHER THAN UMBRELLA FORM -- -^
STATUTORY „ ' s' •
T"„� r�
+ WORKERS COMPENSATION $ (EACH ACCIDENT) P F.
AND $ (DISEASE-POLICY LIMIT) !1
EMPLOYERS' LIABILITY
� - $ (DISEASE-EACH EMPLOYEF
E',r OTHER '.
I�- DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS '
Project: 1985 Prospect Valley Gravel Hauling & Spreading -r'j.
CANCELLATION ',
CERTIFICATE HOLDER 1'
Fa Board of Weld Count Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- "I
yPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO r.
915 10th Street MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE r;
Lam} LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY m
i; Greeley, CO 80631 OF ANY KIND UPON THE C•MPANY,ITS AGENTS OR REPRESENT yam:. I
AUT •Aii- 0 REPRESENT
.'Lt a
ACORD 25 (8/84) GS/ACORD CORPORATION I7.
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