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Home My WebLink About890275.tiff AGREEMENT THIS AGREEMENT, made this 22 day of March, 1989, by and between THE BOARD OF WELD COUNTY COMMISSIONERS, and BEST-WAY PAVING COMPANY doing business as BEST-WAY PAVING COMPANY _ 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 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: Thirty-Nine Thousand Four Hundred Forty-Five and no/100 ****************************************** Dollars (839.445.00) for the project 1989 RUBBERIZED CRACK FILLING CONTRACT -16- 890275 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 project map (N) Specifications prepared or issued by Weld County Engineering Department (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. -17- 890275 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 ps CONTRACTOR BY NAME C.W. Kirby (Please Type) NAME Herman Altergott (Please Type) TITLE _Chairman TITLE Vice President Address 1331 North 35th Avenue _ Greeley. Colorado 80633 _ Phone - 353-1654 _ (SEAL) (SEAL) ATTEST:AT a lr /46V,7:!, NAME Mary Ann Feuerstein NAME Carl V. Hill Jr. (Please Type) (Please Type) TITLE Clerk and Recorder TITLE President '10ihi?c-e 7127-44- -18- 890275 FORM 2S--S 13/881 --ERTIFICATE OF INSURANCE 1 ISSUE DATE; 03-23-9g PRODUCER ;This certificate is issued as a matter of inform- ation only and confers no rights upon the certi- BARTELS & NOE AGENCY : ficate holder. This certificate does not amend; P.O. BOX B ;extend or altar the coverage afforded below. GREELEY, CO 80632 1 - - - 1 COMPANIES AFFORDING COVERAGE (303) 3SS-1133 :LETTER A AMERICAN STATES INSURANCE COMPANY CODE SUBCODE ' _. 80631 :LETTER B _._____.__-------__-•- INSURED :LETTER C BESTWAY PAVING COMPANY 1- --`- P.O. BOX 3189 (LETTER D GREELEY, CO 80633 i :LETTER E COVERAGES: This is to certify that policies of insurance listed below have been issued to the named insd. for the policy period indicated; notwithstanding any rgrmnt ; term or cond. of any contract or other document with respect to which this 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. CL1TYPE OF INSURANCE I POLICY NUMBER 1EFF DATE1EXP DATEIALL LIMITS IN THOUSAND +--_- -_+ • + +_... GENERAL LIABILITY I : : :GENERAL AGG 1$2,000 A[X1Commercial GL 101 CC 031-516 1 3-1-89 : 3-1-90 1PRD-CMP/OP AGG1$2,000 f I )Claim EX]Occurl 1 : ;PER & ADVT IN,I1$1 .000 C ]Ownrs/Cntr Prot I : : :EACH OCCURENCE/$1 ,000 [ l 1 : 'FIRE DAMAGE 1$ 50 I I : I :MED EXPENSES 1`8 AUTOMOBILE LIABILITY 1 + +---• + AfX]Any Auto IBA 000 803 1 3-1 .89 : 3-1-90 :C5L 1$ 1 ,000 ; . IXIA11 Owned Autos 1 1 :--"-i' 1 LXISeheduled Autos 1 1 : 1BI/Pl$ ' fXlHi.red Autos ' : ' 1----+ : fX)Non-Owned Autos : 1 1 ;BI/A18 1 [ ]Geroge Liability) ; : '----t, ; C l 1 ' 1P.D. 1s$ 1 EXCESS LIABILITY 1 •- + ---.-____f—___+. A(X] Umbrella Fort, ISU 62129 1 3-1-39 : 3-1-90 1 1$ 1 ,000 I I,000 I ] Other than Umb 1 1 1 : /Occur 1 Aggreg WORKERS' COMPENSATION: -•+ --+ :Statutory AND EMPLOYERS' 1WC 262 468 1 3-1-89 1 3-1-90 1 1$ 500 Each Acc. A LIABILITY : I ! 1 1$ S00 Disease Limt ; 1 : 1 1$ 500 Disease/Empl OTHER 1 +_--.__-_-_+____._---+-_._ A EQUIPMENT 101 CC 031-525 1 3-1-89 : 3-1-90 1 ' ' I $1 ,000 DEDUCTIBLE i , Description of operations/locations/vehicles/r~e.strietione spacial items BELOW NAMED CERTIFICATE HOLDER IS ALSO NAMED AS ADDITIONAL INSURED. CERTIFICATE HOLDER !CANCELLATION: Should any of the above described r, BOARD OF WELD COUNTY ;policies be cancelled before the expiration date 04 COMMISSIONERS ( thereof; the issuing company will endeavor to 915 10TH STREET :mail 30 days written notice to the certificate GREELEY, CO :holder named to the left; but failure to mail OD 80631 (such notice shall impose no obligation or lieb- lility upon the company; its agents or reps. ------Authorized Representative,NORMAN D.. NOE -�� t• C - /' (ep9e-/ el7- UM VERSAL SURETY COMPANY LINCOLN, NEBRASKA POWER OF ATTORNEY Pint All Situ i312 These Presents: That the U'IvERSAI.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.ThePresident 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 � 1 x aar;Fsn � A*ABy ,y4 k ≥ >1.,1T. Secretary Vice- resident m State of Nebraska 3 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• Gerald 0 Leos Or 754:24414 SEAL* 6Fn N0TARIAL F}�,F OF NEBRASKA 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 fgtpi;and effect. Signed and sealed at the City of Lincoln, Nebraska this 3P day of March 19 aY //Jat, V As scant Secretary 890275 FORM 25-S 13/883 _CERTIFICATE OF INSURANCE --• 1 ISSUE DATE: 03-23-89 PRODUCER --- ` This certificate is issued as a matter of inform- :ation only and confers no rights upon the certi- BARTELS & NOE AGENCY Ificate holder. This certificate does not amend; P.O. BOX B :extend or alter the coverage afforded below. GREELEY, CO 80632 1 1 COMPANIES AFFORDING COVERAGE (303 ) 356-1133 !LETTER A AMERICAN STATES INSURANCE COMPANY CODE SUBCODE ! -- -----_ 80631 !LETTER 6 INSURED LETTER C BESTWAY PAVING COMPANY 1 -- •- -. P.O. BOX 3189 ;LETTER 0 GREELEY, CO 80633 1 #LETTER E • COVERAGES: This is to certify that policies of insurance listed below have been issued to the named insd. for the policy period indicated; notwithstanding any rgrmnt; term or cond. of any contract or other document with respect to which this 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. CLITYPE OF INSURANCE I POLICY NUMBER 1EFF DATEIEXP DATE:ALL LIMITS IN THOUSAND _+ . + +- + GENERAL LIABILITY ; 1 1 :GENERAL AGG 1$2,000 ATX)Commercial GL 101 CC 031-516 1 3-1-89 1 3-1. 90 1PRC-CMP/OP AGG1$2,000 ( I ]Claim EX]Gacur: 1 1 :PER & ADVT INJ1$1,000 [ ]Dour;/Cntr Prot i 1 1 EACH OCCURENCEI$1 ,000 ( 3 ; 1 1 ;FIRE DAMAGE 1$ 50 E ) ; 1 1 ;MED EXPENSES 1$ AUTOMOBILE LIABILITY 1-._-- - -+ +-- + Af X)Any Auto I BA 000 803 1 3--1--89 1 3-1-90 1 CSL 1$ 1 ,000 1 EX1A11 Owned Autos 1 1 : ;-- -+ 1 EX3Scheduled Autos 1 1 ; :BI/P1$ : EX]HiredAutos 1 1 1 1----+ ' IX)Non-Owned Autos 1 1 I 1BI/A1 1 E 3Garege Liability) 1 1_.___.+-__. ; 1 ) 1 1 1 1P .D. :$ : EXCESS LIABILITY 1 •- •--+ + +----+ AIX) Umbrella Form ISU 62129 1 3-1-89 1 3-1-90 1 1$ 1 ,000 1 1 ,000 E l Other than Umb 1 1 1 1 1 /Occur 1 Aggreg WORKERS' COMPENSATION; ------+ + ;Statutory -. AND EMPLOYERS' :WC 262 468 1 3.1-89 1 3-1-90 1 1$ 500 Each Acc. A LIABILITY I ; 1 ! 1$ 500 Disease Lima I 1 1 1$ 500 Disease/Empl OTHER 1 + +_-_._ 4. .- A EQUIPMENT 101 CC 031-525 ; 3-1- 89 1 3-1-'30 1 1 : : 1 $1 ,000 DEDUCTIBLE 1 ! Description of operations/locations/vehicles/restrictions/special items CERTIFICATE HOLDER :CANCELLATION: Should any of the above described BOARD OF WELD COUNTY !policies be cancelled before the expiration date COMMISSIONERS :thereof ; the issuing company will endeavor to 915 10TH STREET :mail 3 0 days written notice to the certificate GREELEY, CO ;holder named to the left ; but failure to mail 80631 :such notice shall impose no obligation or liab-- ; i l i t.y upon the company; its agent} or reps . 890,275 ------Authorized D. NOE �� i a-- no-e- /q111 --- PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Best-Way Paving Company Name of Contractor 1331 North 35th Avenue. Greeley. Colorado 80633 Address of Contractor a Corporation hereinafter called Principal, and Corporation, Partnership or Individual Universal Surety Company Name of Surety P.O. Box 80468, Lincoln, NE 68501 Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Street, P. 0. Box 758, Greeley, Colorado 80632, hereinafter called "County", in the penal sum of Thirty-Nine Thousand Four Hundred Forty-Five and nq/1OO's ************************************************ Dollars*** (S 39.445.00) 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 County, dated the 22bd day of March , 1989, a copy of which is hereto attached and made a part hereof for the construction of: 1989 RUBBERIZED CRACK FILLING CONTRACT 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 sheik 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 -21- 890275 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. IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each one of which shall be deemed an original, this the 23rd day of March , 1989. BEST—WAY PAVING CO. Pr ncipal ATTEST: //ff//��— BY 450 (S) `ic t Pills. Principal Secretary (SEAL) 1331 North 35th Avenue Witness as to Principal Address Greeley, CO 80633 Address UNIVERSAL SURETY COMPANY Surety ATTESTS ce%t h o� l sit BY �iu...w c. Wi ne s as to Surety Attorney-in-Fa et /SC/ q-f1‘ P.O. Box 80468 Address Address Lincoln, NE 68501 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 trasnact business in the State where the project is located. -22- 890275 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Best Way Paving Company Name of Contractor 1331 North 35th Avenue Greeley, Colorado 80633 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership, or Individual Universal Surety Company Name of Surety P.O. Box 80468, Lincoln, NE 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: Thirty-Nine Thousand Four Hundred Forty-Five and no/100's ***************** **************************************************** Dollars (S39.445.00) 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 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 22nd day of March , 1989, a copy of which is attached and made apart hereof for the construction of: X989 RUBBERIZED CRACK FILLING CONTRACT 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. -19- 896275 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 23rd day of March , 19 89 . ATTEST: BEST—WAY PAVING CO. Principal Principal Secretary By�:�w✓ (S) de Y/GE ,CL5 (SEAL) . 1331 North 35th Avenue Witness as to Principal Address Greeley, CO 80633 Address ATTEST: UNIVERSAL SURETY COMPANY Surety Secretary (SEA By d�^^ts-4 g d ?1 Wi ess as to Surety Attorney-in- act /3O/ 94-1 1.--971" P.O. Box 80468, Lincoln, NE 68501 Address Address C/eelee( C2'� .363 / 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. -20- 890275 Hello