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Home My WebLink About890939.tiff . - AGREEMENT THIS AGREEMENT, made this 23rd day of August , 1989 by and between THE BOARD OF WELD COUNTY COMMISSIONERS, AND Frontier Materials, Inc. doing business as Frontier Materials, Inc. 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 LOCAL IMPROVEMENT DISTRICT CASA GRANDE & ENCHANTED HILLS SUBS. 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 fifty-two thousand, nine hundred eighty-three and 90/100 ($ 152,983.90 ) for the project LOCAL IMPROVEMENT DISTRICT ')-Doo /� 890939 5. The term "Contract Documents" means and includes the following: (A) Advertisement (B) Information on Bidders (C) Bid (D) Bid Bond (E) Agreement (F) Supplemental General Conditions (G) Payment Bond (H) Performance Bond (I) Notice of Award (J) Notice to Proceed (K) Change Order (L) Drawings prepared by Weld County Engineering Department, numbered (M) Specifications prepared or issued by (N) Addendum No. , dated , 1989 No. , dated No. , dated , 1989 1989 (0) Notice of Contractor's Settlement (P) Final Receipt and Guarantee (Q) 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. • 890939 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 CONTRACTOR BY BY NAME C. William Kirby NAME Frontier Materials, Inc. Chairman (Please Type) TITLE Address 3600 Hwy. 52 Erie, CO 80516 (SEAL) (SEAL) A TEST: ATTEST: e NAME NAME C C ki S,r,A,t-rt& (Please Type) (Pleas ype) TITLE TITLE 890939 ��ik�illii ■ id ' Okilit 'ii■ a 08/24/89. .._..._ r PRODUCER •I' S C_RT FN CIE IS-3Sl SA •(:N'." AND CU4'•=:RS L hC� Linden Company • s,• { C•er! VI X ' PE :E3 AT T("'10ESN::•T WENDI E.. r hi) t•A . ':; -tr:C; AGE II::;BUD A. 1.224 Wadsworth H1vd . Lakewood , CO 8021t "{41f`I(! S t n;'ICa1: .. Aetna (,.tlS.ua 1 ty 8 :urety.. C.0-. .. _ .. _. INSUREC • F.I ` ' Frontier Materials , Inc . Frontier Sand & Gravel , Inc . . . ... ... ... - .-.. 3600 Highway 52 ` ;)i' _ "' i 'I Erie, CO 80516 _ . _ _. ._ .. ... ._. . _. .__-.._ • •VE- GES n • M .:• IIII I1 i! lINi III I�t THIS IS TO CEF •Y T IA' POLICIE i O' NSl LANCE US :D BELL f i.AV E B:E '! SSI EC TC "HE NS I NAN :"PEF;IOL INDICATED, NOTWITHSTAP 1G I,NY REQUIFIE ME V' TI RM OR CO )ITI[IN I 'I IN f COI Il ii iCT )F )1H ER I IOC NT W MIS CERTIFICATE MAY BE ISSUED OR Y P'ER1 AIN,TI-E INE L RAP :E AFFORI .0 B f T : 'el.CIE 1 II SCI BI D lI:RLF'V P 1JEC. LUSIONS,AND C ONDI TIONS OF SUC CU:1E:1 CC .c:,• O 'C v •!XPIRP LTR TYPE 0 ;SURar CE Pr, NUP IBC I.c +ji ,0..4 �µJpC i IN 1'iOUSANDE GENERAL LIAI :Ti _ $_.2_,000 COMMERCI! ,EVE IAL LIAE UT p' A 19GL5O76933CCA 11/30/88 11 / A0/89 _.. .;c- _.__._.$3. 000 �■ CLAIMS ]0 CU94EiCE Ir:i..Il $ 1 000_ OWNER'S&C CACTI IRS I RCTEC(•'J` _...._.__-.. $_.1._v000 . V' P•:R:,0r;• AUTOMOBILE +EMI TY r.r.. ANY AUTO A 19EJ827080CCA 11/30/88 11/30/89 1 ,U_QQ_-__ i } I ,y' ALL OWNEC TOS L; #, : SCHEOULEI !TOE { l 1. W HIRED AUT( -rI NON-OWNE( ITOS --_-- 1 . GARAGE LIP. •;Y ;^` EXCESS LIABII Y WI- a:,(FE'A7F gtiFVT A Umbrella Liab 19XS559958WC.A 11 /30/88 1 /0/89 2 ,000 $ 2 ,000 ■ OTHER THA "dRR:LL! FOF-M, (((( ( - WORKERS .-0MFENGATION t.aCrsAC°:I:ENil ,.-ND . _.._.—. —_._.—_-_- 0ISEeSE'cl CY LIM:T) EMPLOY: 'S'LIABLITY --------------- ,CISEPSE-E't'.+Ek9i iiYEEi OTHER DESCRIPTIONOF .:f'ERPTIONS/LOCFTICNS/VEHICLE:;/RESTRi.TI' 'IiiIiFE_CA I'Frn;ALL OPERATIONS ALL LOCATIONS t :CERTIFICATE HOLDER C LATJ JAlliAltitcmigkWillffillIIIIII •i1IOULD AN!CIF THE AE4- S DES(:I'i=i: ` ..... . :,;ELLED BEFORE THE EX• PI-tt TIC 4 :)AT: THE' • 2, TI WILL ENDEAVOR TO Weld County !A. II 30 .JAYS wii1r NCTIC' •• IOLDEH NAMED"0 THE 915 10th Street ,.,:._, B.'T 'A:LURE TC IL SUS. ' ' SE NO OBLIGATION OR Greeley, CO 80631 . LL.siLit C PAY K ND • :N TH.i , .. OR REPRESENTATIVES. �' • A.1'ti)R''EC RE:FRESIC !E 4e3 , , 890939 ACORD 25-S(11/8 ) a . .. ' - liga I ii tau*,1--:.?:F-.,..(. -4..;,.:.•.; 'ACC-• C'.. .•RATION 198 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF )RMATION ONLY AND CONFERS NO RIGHTS UPON YOU TH ITIFICATE HOLDER. THIS CERTIFICATE IS NOT AN ' INSURANCE POLICY AND DOES NOT AMEND,DO_..J,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LIS. BELOW. This is toCertify that LIBERTY r Frontier Materials, Inc. & MUTUAL. Frontier Sand & Gravel, Inc. Name and �-- address of 3600 Hwy 52 Insured. Erie, CO 80516 is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below.The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this cer- tificate may be issued. TYPE CERT.EXP.DATE* LIMIT OF O CONTINUOUS POLICY OF POLICY El EXTENDED NUMBER LIABILITY ® POLICY TERM COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY LAW OF THE FOLLOWING STATES: Bodily Injury By Accident 100,000 Ea.Acc. WORKERS' Bodily Injury By Disease COMPENSATION 1-1-90 WC2-191-089492-019 Colorado 100,000 Ea.Person Bodily Injury By Disease 500,000 Pol.Limit General Aggregate-Other than Products/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Q cr per occurrence W Z Personal a Advertising Injury lily 0 CLAIMS MADE nd per peraonl BEn,O DATE organization Q m Other 0 e WMr.] 0 OCCURRENCE O U SPECIAL/EXCL. ENDORSEMENTS > ❑ OWNED $ EACH ACCIDENT-SINGLE LIMIT-B.I.AND P.D.COMBINED O� EACH PERSON co ❑ NON-OWNED EACH ACCIDENT EACH ACCIDENT Q6 ri 0 HIRED $ OR OCCURRENCE $ OR OCCURRENCE W 0 O LOCATION(S)OF OPERATIONS&JOB#(If Applicable) DESCRIPTION OF OPERATIONS: *If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date, however, you will not be notified annually of the continuation of coverage. Liberty Mutual NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR Insurance Group REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: ('� Weld County at"Ste 9/222/24.4) CERTIFICATE 915 10th Street ZED REPRESENTATIVE HOLDERS Greeley, CO 80631 August 24, 1989 Englewood DATE ISSUED 890939 OFFICE _This rnnihcate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as Is afforded by Those Companies. 6S 772 RI Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF 'NATION ONLY AND CONFERS NO RIGHTS UPON YOU THE rIFICATE HOLDER.THIS CERTIFICATE IS NOT AN j - INSURANCE POLICY AND DOES NOT AMEND,EXTL ,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LIS1- JELOW. This Is to Certify that LIBERTY Frontier Materials, Inc. & • MUTUAL. Frontier Sand & Gravel, Inc. Name and 3600 Hwy 52 4-- address of Erie, CO 80516 Insured. is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below.The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this cer- tificate may be issued. TYPE CERT.EXP.DATE LIMIT OF O CONTINUOUS POLICY ❑ EXTENDED NUMBER OF POLICY ® POLICY TERM• LIABILITY COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY LAW OF THE FOLLOWING STATES: Bodily Injury By Accident WORKERS' 100,000 Ea.Acc. Bodily Injury By Disease COMPENSATION 1-1-90 WC2-191-089492-019 Colorado 100,000 Ea.Person Bodily Injury By Disease 500,000 Pol.Limit General Aggregate-Other than Products/Completed Operations Products/Completed Operations Aggregate ¢Q Bodily Injury and Property Damage Liability W per occurrence W y 0 CLAIMS MADE Personal and Advertising Injury o RETIO DATE JJ Per person/ m organization U Q Other WJ 2 0 OCCURRENCE 0 O U SPECIAL/EXCL. ENDORSEMENTS O O OWNED $ EACH ACCIDENT-SINGLE LIMIT-B.I.AND P.D.COMBINED 7m 0 NON-OWNED $ EACH PERSON <Q EACH ACCIDENT EACH ACCIDENT -, 0 HIRED $ OR OCCURRENCE $ OR OCCURRENCE w x 0 O LOCATION(S)OF OPERATIONS&JOB M(If Applicable) DESCRIPTION OF OPERATIONS: *If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date, however, you will not be notified annually of the continuation of coverage. Liberty Mutual NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR Insurance Group REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: Weld County CERTIFICATE 915 10th Street (7 HOLDERS Greeley, CO 80631 U ORIZED REPRESENTATIVE August 24, 1989 Englewood DATE ISSUED OFFICE J 890939 This certificate Is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is allorded by Those Companies. BS 772 FM S N 8 SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA,SEATTLE,WASHINGTON 98185 Bond No. 5615447 PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No.A-311 February, 1970 Edition KNOW ALL MEN BY THESE PRESENTS, That we, Frontier Materials, Inc. (Here insert the name and address or legal title of Contractor) 3600 Highway 52 , Erie, Colorado 80516 as Principal, hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora- tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto The Board of Weld County Commissioners, Weld County, Colorado (Here insert the name and address or legal title of Owner) as Obligee, hereinafter called Owner,in the amount of One Hundred Fifty Two Thousand Nine Hundred Eighty Three and 90/100 Dollars($ 152 , 983 . 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 August 23 , 19 89 entered into a Contract with Owner for Local Improvement District, Casa Grande and Enchanted Hills Subs 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. (continued on reverse side) pp 890939 S-1219 RI 10/72 PRINTED IN U.S.A. • Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Ownetitaving}etforfned 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 submission to Owner 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 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 amend- ments 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 Owner. Signed and sealed this 25th day of August _,19 89. (Frontier Materials, Inc. (Seal) Princip21 (Witness) At/a2-61. --% kit?RY Title SAFECO INSURANCE COMPANY OF AMERICA e . i ,G Cly. r G; (Witness) o n C. Armstrong Attorney-in- act Frank B.Hall&Co.of Colorado 4100 East Mississippi Avenue Or,n,,„,FF Suite 800 jp P.O. Box 17229 Denver,Colorado 80217-0229 (303)758-7688 TLX 45-0176 FAX(303)758-9458 890939 YeNSAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE,4347 BROOKLYN AVE.N.E.,SEATTLE.WASHINGTON 98105 Bond No. 5615447 LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 February, 1970 Edition Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned for the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS, That we, Frontier Materials, Inc. (Here insert the name and address or legal title of Contractor) 3600 Highway 52 , Erie, Colorado 80516 as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corpora- tion of Seattle,Washington,as Surety,hereinafter called Surety, are held and firmly bound unto The Board of Weld County Commissioners, Weld County Colorado (Here insert the name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of One Hundred Fifty Two Thousand Nine Hundred Dollars($ 152, 983 . 90 ), eighbgte b teeuramflal9®/t111D one-half of the contract price) 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 August 23 , 1989 entered into a contract with Owner for Local Improvement District Casa Grande and Enchanted Hills Subs. 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 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: I. 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. (continued on reverse side) 890939 5-1220 R1 10/79 3 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. h) After the expiration of one (I) 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 he 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 improve- ment, whether or not claim for the amount of such lien be presented under and against this bond. Signed and scaled this 25th day of August . 19 89 . Frontier M erials, Inc. (Seal) Principal ) c�...,—I, IYA.t_,\j„,.\. Witness BY: .„1:: ��1 /J ?e'v 4000 Title t SAFECO INSURANCE COMPANY OF AMERICA /7.' % // Witness ,2' oan C. Armstrong Attorney- ,-Fact Frank B. Hall 8 Co.of Colorado raii4100 East Mississippi Avenue Suite Denver, P.O. Box 17229 )7 -7688 80217-0229 (303)758-7688 TLX 45-0176 FAX(303)758-9458 890939 POWER OF SAFECO INSURANCE COMPANY OF AMERICA ATTORNEY HOME EATTLE, WASH NGTON 8185 SAFECO 4484 No. KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint C. GALE NEISWANGER; C. WORKMAN; GUY R. FOGEL; PATRICIA L. REECE; JOAN C. ARMSTRONG; WILLIAM E. PIERCE; FRANK W. APPLEGATE; GENEVA DOHERTY; DIANE SCOTT, Denver, Colorado its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 15th day of September 19 83 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. .. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 25th day of August Hs 89 890939 PRINTED IN USA S-i 300 R4 8/81 Hello