HomeMy WebLinkAbout940441.tiff AGREEMENT
THIS AGREEMENT, made this 4th day of May , 1994, 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
1994 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 herein for the sum
of:
Nine hundred seventy-five thousand, six hundred and fifteen dollars
and 91/100 ($975,615.91 )
for the project:
1994 CHIP AND SEAL PROJECT
17
940441
EGoo33
5. The term "Contract Documents" means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Non-Collusion Statement
(D) Bid
(E) Bid Schedule
(F) Bid Bond
(G) Notice of Award
(H) Acceptance of Notice
(I) Agreement
(J) Performance Bond
(K) Payment Bond
(L) Insurance Requirements
(M) Notice to Proceed
(N) Change Order
(0) Notice of Contractor's Settlement
(P) Final Receipt and Guarantee
(Q) Drawings prepared by Weld County Engineering
Department, numbered
(R) Specifications prepared or issued by
(S) Addendum
No. , dated , 1994
No. , dated , 1994
No. , dated , 1994
(T) 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.
18
940441
•
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
�! r/ CONTRACTOR/f� Best-Way Paving Co.
BY 4 105 /v BY�nr� �2��e�2%�/
05/04 94
NAME W. H. Webster NAME Herman Altergott
(Please Type) (Please Type)
TITLE Chairman TITLE Vice—President
W. H. Bill Webster
ADDRESS P. 0. Box 3189
Greeley, CO
Ph# 353-1654
(SEAL) ,,���,� ,,/� l�/��f�/ (SEAL)
ATTEST: 414 �d� ✓� ATTEST:
By
- eputt'uty Clerk Ito Board
NAME Donald D. Warden NAME Harvey Gr en
(Please Type) (P1 ase Type)
TITLE Weld County Clerk to Board TITLE Treasurer
19
940441
•
•
ELD CCUU?TY
61J.PI"t&kit WiRINAL
PERFORMANCE BOND BOND #589839
KNOW ALL MEN BY THESE PRESENTS: That 19" NI`Y �� 23
CLERKZ0
BEST-WAY PAVING Co. TI
THE BOARD
Name of Contractor
P.O. BOX 3189, GREELEY, CO 80632
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
NINE HUNDRED SEVENTY-FIVE THOUSAND SIX HUNDRED FIFTEEN AND 91 /100
in lawful money of the United States, for the payment
a Dollars($975,615. 91
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 4TH day of MAY
1994, a copy of which is attached and made apart hereof for the construction
of: •
1994 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
940441
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 co 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 17TH day of
MAY , 19 94 ,
ATTEST:/ BEST-WAY PAVING GO.
Pcipal �,(
P inci 1 Secretary Pri
,..e.a0✓L��� J"1 Mete A'L (3)
(SEAL)
P 0 BOX 3189 GREELEY_ CO 80632
Witness as to Principal Address
Address
ATTEST:
Surety Secretary
(SEAL) UNIVERSAL SURETY COMPANY
sjldeC By
tness as to Surety Attorney-i -Fact
VERAN KAY HANSBERRY
1301 9TH STREET, P.O. BOX B P.O. BOX 80468
Address Address
GREELEY, CO 80632 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 transact business in the state where the project
is located.
21
940441
PAYMENT BOND DUPLICATE ORIGINAL
BOND #589839
KNOW ALL MEN BY THESE PRESENTS: That
BEST-WAY PAVING CO.
Name of Contractor
P.O. BOX 3189, CREELEY, CO 80632
Address of Contractor
a CORPORATION
Corporation, Partnership or Individual hereinafter called Principal, and
UNIVERSAL SURETY COMPANY
Name of Surety
P.O. BOX 80468, LINCOLN, NE 68501.
. of MAY 4 , 1994, a copy of which is hereto attached and made a part
hereof for the construction of:
1994 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
•
940441
IN WITNESS WHEREOF, this instrument is executed in THREE (number)
counterparts, each one of which shall be deemed an original, this the 17TH
day of _MAY 1994.
BEST-WAY PAVING CO.
ATTEST: P p
(S)
Pri ipa Secretary
(SEAL)
Witness as to Principal P•0. BOX 3189
Address
GREELEY, CO 80633
Address
UNIVERSAL, SURETY COMPANY
Surety
ATTEST:tness as to Surety BY ��"�p� 47A�(��i{�{,�,
Attorney-in-Fact
1301 9TH STREET, P.O. BOX B VERAN KAY HANSBERRY
Address P Q —BOX 80468
Address
GREELEY CO 80632 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 transact business in the state where the project is
located.
•
23
940441
UNIVERSAL SURETY COMPANY
LINCOLN, NEBRASKA
PO\VER OF ATTORNEY -
LFnntr AllSitu Lu Tlirst Presents:
That the UNIVERSAL Sratry COSIPA\y,a corporation of the State of Nebraska. having its principal office in the City of Lincoln,Nebraska. pursuant to the
following By-Law. whicn was aoopted by the Board of Directors of the said Company on July 23. 1961,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,
shalt have Ine authority to appoint Resident Vice-Presidents and Anorneys-In-Fact.with the power and authority to sign,execute,acknowleoge and deliver on its
behalf,as Surety:Any and all undertakings of suretyship and to affix thereto Ine corporate seal of the corporation.The President or any Vice-President.acting with
any Secretary or Assistant Secretary. shall also nave the authority to remove and revoke the authority of any such appointee at any time."
hoes hereby make,constitute and appoint
Norman D. Noe or Lawrence E. Lutgen or Ronald F. Otto
- or Veran 'K. Hansberry, Greeley, Colorado
its true and lawlul Attorneys)-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 it they had been duly executed and acknowledged oy the regularly elected onicers of the Company at its offices in Lincoln, Nebraska,in their own
persons.
The tollowing Resolution was adopted at the Regular Meeting of the Board of Directors dl the Universal Surety Company, held on July 23, 1981:
"RESOLVED.That the signatures of officers of the Company and me 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 tacstmile 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 10th day of December ,19 91
UNIVERSAL SURETY COMPANY_ ion x*r
yP %
CdkPTE i
By � �w U t SF.ATr�a�:
Secretary Vice-President c,,roiA .(('
State of Nebraska
ss.
County of Lancaster)
On this 10th day of December .19 91 ,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 or Seward, 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;mat(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(sine 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 A,ru
i(YI O4 NOTARIAL
o/) e AL SE
'!/./vl/-, �/i /J` STAY(Of 666666 K
My Commission Expires 8-22-93 Notary Public
Jeanne Beno • .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 lull force
and effect.
c
Signed and sealed at the City of Lincoln, Nebraska this 1 7th day of May ,19_—. swnc,t,
a
r' \a
cbeeourE
' SEAT,
Assistant Secretary ,
940441
Hello