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Home My WebLink About890484.tiff AGREEMENT THIS AGREEMENT, made this 7 day of June , 1989, 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 1989 CHIP AND SEAL PROJECT 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 Three Hundred and Ninty-Three Thousand,Eight Hundred Seventy Four and 91/100 Dollars ($ 393,874.91 for the project 1989 CHIP AND SEAL PROJECT 890484 17 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 Location Map (N) Specifications prepared or issued by (0) Addendum No. , dated , 1989 No. , dated , 1989 • No. , dated , 1989 (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. 890494 18 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 - Best-Way Paving Co. BY ti Ai / BY .-f _' (7/4,2 NAME C.W. Kirby (Please Type) NAME Herman Altergott (Please Type) TITLE Chairman TITLE Vice President Address _ P.O. Box 3189 Greeley Co. 80633 (SEAL) (SEAL) AT EST: ATTEST: °sew-7 litan--) NAME Mary Ann Feuerstein NAME Harvey R. Green (Please Type) (Please Type) TITLE Clerk and Recorder TITLE Treasurer )�,� 4 19 890484 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That BEST-WAY PAVING CO. Name of Contractor P.O. Box 3189 - Greeley. Colorado 80633 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership, or Individual UNIVERSAL SURETY COMPANY Name of Surety P. 0. Box 80468 - Lincoln, Nebraska 68501 Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 80632, hereinafter called County, in the penal sum of Three Hundred Ninety-Three Thousand Fight Hundred Seventy-Four & 91/100 -Dollars ($ 393.874 91 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 severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the County, dated the 7th day of dune , 1989, a copy of which is attached and made apart hereof for the construction of: 1989 CHIP AND SEAL PROJECT 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 County, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. 20 890484 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 County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 7th day of .Iona , 1989 . ATTES . BEST-WAY PAVING CO. Principal ,�� Pr' cip Secretary By/tom �G� (S) (SEAL) P.O. Box 3189- Greeley, Colorado 80633 Witness as to Principal Address Address ATTEST: Surety Secretary (SEAL) {{ UNIVERSAL SUR TY COMPANY d (; By �.�. Wit ss as to Surety Attorney-in-Fact 1129 34th Avenue 1.301 9th Street Address Address Greeley, Colorado 80631 Greeley, Colorado 80631 NOTE: Date of bond must not be prior to date of contract. If contractor is a 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. 21 890484 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That BEST-WAY PAVING CO. Name of Contractor P.O. Box 3189 - Greeley, Colorado 80633 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership or Individual UNIVERSAL SURETY COMPANY Name of Surety P. 0. Box 80468 - Lincoln, Nebraska 68501 ofJune 7, , 1989, a copy of which is hereto attached and made a part hereof for the construction of: 1989 CHIP AND SEAL PROJECT NOW, THEREFORE, if the Principal shall during the entire length of said contract and any extension thereof promptly make payment to all persons, firms, subcontractors, and corporation furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, 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 subcontractor 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 way 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 a final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 22 890484 IN WITNESS WHEREOF, this instrument is executed in 2 (number) counterparts, each one of which shall be deemed an original, this the 7th day of June , 1989. BEST-WAY PAVING CO. Principal ATTES BY - J L �G2ti�q� (S) Pr' cipa Secretary (/ (SEAL) P. 0. Box 3189 Witness as to Principal Address Greeley. Colorado 80633 Address UNIVERSAL SURETY COMPANY Surety ATTEST: fT 2V- C` e�.` i BY Witne as to Surety A torney-in-Fact 1129 34th Avenue 1301 9th Street Address Address Greeley, Colorado 80631 Greeley, Colorado 80631 NOTE: Date of bond must not be prior to date of contract. If contractor is a 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. 23 890484 INSURANCE REQUIREMENTS The contractor shall secure and maintain such insurance policies as will protect himself, his subcontractors, and COUNTY OF WELD, from claims for bodily injuries, death or property damage, which may arise from operations under this contract.whether such operations be by himself or by any subcontractor or anyone employed by them directly or indirectly. The following insurance policies are required: (a) Statutory Workmen's Compensation (b) Contractor's Public Liability and Property Damage Bodily Injury: Each Person $150,000 Each Accident $400,000 Property Damage: Each Accident $100,000 Aggregate $400,000 (c) Automobile Public Liability and Property Damage Bodily Injury: Each Person $100,000 Each Accident $400,000 Property Damage: Each Accident $400,000 o as All policies shall be for not less than the amounts set forth above or as stated in the Special Conditions. Other forms of insurance shall also be provided if called for by the Special Conditions. Certificates or copies of policy of such insurance shall be filed with the County along with the Performance and Payment Bonds and shall be subject to his approval as to adequacy of protection, within the requirements of the specifications. Said Certificates of Insurance shall contain a 30-day written notice of cancellation in favor of the County. 890484 24 AdrnitI CERTIFNCAT a, OF INSURANCE ISSUE DATE(MMIDDIVVI 06-09-89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, BARTELS & NOE AGENCY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P .O. BOX B COMPANIES AFFORDING COVERAGE GREELEY, CO 80632 COMPANY A CODE SUB-CODE LETTER AMERICAN STATES INSURANCE COMPANY COMPANY B INSURED LETTER BESTWAY PAVING COMPANY COMPANY LETTER C P .O. BOX 3189 GREELEY , CO 80633 COMPANY D LETTER COMPANY E cowman LETTER O,E, ,# THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD/VY) DATE(MM/DD/YV) ALL LIMITS IN THOUSANDS GENERAL LIABILITY P P(` GENERAL AGGREGATE $ 2,000 CC A X COMMERCIAL GENERAL LIABILITY 01 031 -516 3-1 -89 3-1 -90 PRODUCTS-COMPIOPSAGGREGATE $ 2,000 CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY $ 1 ,000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 ,000 FIRE DAMAGE(Any one lire) S 50 MEDICAL EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED A X ANY AUTO BA 000 803 3-1 -89 3-1 -90 LIMTLE $ 1 ,000 X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS X (Per person) X HIRED AUTOS BODILY PeURY $ X NON OWNED AUTOS ( INJrecddenp GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE, A X SU 62129 3-1 -89 3-1 -90 $ 1 ,00 $ 1 ,000 OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION AND WC 262 468 3-1 -89 3-1 -90 $ 500 (EACH ACCIDENT) A $ 500 (DISEASE—POLICY LIMIT) EMPLOYERS LIABILITY $ 500 (DISEASE-EACH EMPLOYEE OTHER A EQUIPMENT 01 CC 031 -525 3-1 -89 3-1 -90 $1 ,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS 1989 CHIP & SEAL PROJECT - WELD COUNTY , COLO IS NAMED AS ADDITIONAL IN- SURED C$RTIRIGATE HOLDER CANCELLATION BOARD OF WELD COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COMMISSIONERS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 915 10TH STREET MAIL 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE GREELEY, CO 80631 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIV S. AUTHORIZED REPRESENTATIVE NORMAN D . NOE G �:---- .741 ACORD 25-S'.(3788) C ©AC N 1988 UNA VERSAL SURETY COMPANY LINCOLN, NEBRASKA POWER OF ATTORNEY 1Fnafu All cn Ig Three Prism's: That the UkinTes r.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 Vice-President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice-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 Vice-President and its corporate seal to be hereunto affixed this 1st day of June 19 87 UNIVERSAL SURETY COMPANY co B .Y.,1 VA1:At. Secretary y Vice- resident State of Nebraska ) ss. County of Lancaster) • On this 1st day of June ,19 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 it 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• / I Gerald 0 Lens6kN En AL NOTARIAL /A`—[i/1, I STA SEAL liglE OF MEB5AeNA My Commission Expires 8-22-89 Notary Public I, Thomas A. Tallman ,Assistant Secretary of UNIVERSAL SURETY COMPANY,do hereby certify 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 fora and effect. Signed and sealed at the City of Lincoln, Nebraska this 7th day of June 19 89 74,,, Znt As tary °"u 890484 NOTICE OF AWARD TO: Bestway Paving Company P.O. Box 3189 Greeley, Colorado 80633 PROJECT DESCRIPTION: 1989 CHIP AND SEAL PROJECT 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 May 4 , 1989. You are hereby notified that your bid has been accepted for Three Hundred Ninty-Three Thousand Eight Hundred Seventy-Four and 91/100's in the amount of ($ 393,874.91 ). 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 7 day of June , 1989. THE BOARD OF WELD COUNTY COMMISSIONERS (County) BY: 4V adl ji d Donnald arroll Title: Ad inistrative Manager 890484 15 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Bestway Paving Company this the 7 day of June 1989. BY: Title: /?c€ pas- , 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. b..10484 16 Cocen ly FINAL RECEIPT AND GUARANTEE Weld County, Colorado October 9, 1989 (Date) Received this date of October 9 , 19 89 , as full and final payment of the cost of improvements provided for in the contract executed by Best-Way Paving Co. and payee on or about July 31 , 19 89 , together with all amendments, change orders, and additions thereto, the sum of Four hundred forty-six thousand, one hundred thirty dollars and 65/100's -Dollars ($ 446,130.65 ), by checking, being the remainder of the full amount accruing to the undersigned by virtue of said contract and extra work performed thereunder, said payment covering and including full payment for the cost of all extra work and material furnished by the undersigned in the construction of said improvements, and all incidentals thereto, for the additional consideration of One Dollar ($1.00) for the execution hereto, and the undersigned hereof releases THE BOARD OF WELD COUNTY COMMISSIONERS from any all claims whatsoever resulting from said contract and all work performed thereunder. The undersigned by these presents certifies that all persons doing work upon or furnishing materials for said improvements under the foregoing contract and all additions thereto have been paid in full. The undersigned further certifies that all work has been completed in a workmanlike manner in conformity with the plans and specifications. That should any portion of said work or material prove defective within one (1) year from the date of final acceptance of the entire project by the County, the undersigned shall replace any such defective material and remedy any such defective work to the satisfaction of THE BOARD OF WELD COUNTY COMMISSIONERS and shall defend, indemnify, and save harmless THE BOARD OF WELD COUNTY COMMISSIONERS from all damages, claims, demands, expenses, and charge of every kind which may arise as a result of any such defective material and workmanship during said period. The Performance and Payment Bonds for this contract shall remain in effect for the period of the guarantee. 1989 CHIP AND SEAL PROJECT Name Best ay Paving Co. By el`-7 Title /rrn 28L40-1, /, N < 0 �1 0 0cry.` I- \ _-�� 'p W ♦' ' S 1 .p Ir Z Z, .�_ . , ;1 -. dj -14 W -'. .l —'i, I N -oJ.o v M m \.. . J�.i < a ' I ,/-i U -O rj!. W n I- 0,.I‘�. _yyi I -u z• > n 0 ) \. V ,; -I y. < < z h.• • _ - • < IL Z .. 7�..: o• < 0 p p • I- 0D. p u •��1 // Qz al O i__,J ~ > LL ''`N Cr �/ .: q 0 J; Y Z -nt < D = } _ U. T O -J v Z „ _ :Or .O Q . >\ p,�!- ` La \ Q F z o II -• u <I I- l 4.2 V S el"i E i..n U CE I.wO a ao • O Od -4 8 F .. � mW "+ "' �� 4447 0ril �� 1 i/ OVcco •o a 0 yV� 0 ^`� `••T' c W •o O O O ' N CO ^ 0 } U- O 3 rel oc -C W D- V C Q cl o r NC > ti W J o- • C d ' J O +Q OF j as > = 4a 3M UO a. < OadaO1OD JO 31VIS Hello