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Home My WebLink About900315.tiff AGREEMENT THIS AGREEMENT, made this 5th day of April , 1990, by and between THE BOARD OF WELD COUNTY COMMISSIONERS, and Ted Kitzman & Sons doing business as Ted Kitzman & Sons 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: 1990 PROSPECT VALLEY GRAVEL HAULING AND SPREADING 2. The contractor shall furnish all materials, 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 otherwise extended by the contract documents. 4. The contractor agrees to perform all of the work described in the contract documents and comply with the terms therein for the sum of: Ninety-nine thousand nine hundred and five dollars and no cents. ($ 99,905.00 for the project: 1990 PROSPECT VALLEY GRAVEL HAULING AND SPREADING -16- 960315 5. The term "contract documents" means and includes the following: (A) Advertisement (B) Information for 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 , 1990 No. , dated , 1990 No. , dated , 1990 (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. -17- 900315 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. THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR k�� /� BY: & hairman y��--- NAME: Gene R. Brantner NAME: CC//f f2 y w ; I" S '4 Chairman (Please Type) TITLE:! Arir e r ADDRESS: (SEAL) (SEAL) AT EST: ATTEST: NAME: Mary Ann Feuerstein NAME: (Please Type) (Please Type) TITLE: County Clerk and Recorder TITLE: and Clerk to the Board ' eputy County erk -18- 900315 \1 �c DEPARTMENT OF ENGINEERING PHONE(303)358-4000 P.O. BOX 758 GREELEY,COLORADO 80632 C. COLORADO TELEFAX TRANSMITTAL FORM DATE: 4/5/90 TIME: 2:30 P.M. PAGES (Including the cover page): 4 SEND TO: NAME: George Shoemaker - Van Gilder Ins. ADDRESS: P.O. Box 911 Sterling, CO 80751 PHONE: FAX: 522-8554 FROM: NAME: Donald Carroll Weld County Engineering Department 933 N. 11th Avenue Greeley, CO 80631 PHONE: 356-4000, Extension 4750 FAX: 303-356-4000, Extension 4779 SUBJECT: Ed Kitzman - 1990 Gravel Hauling Contract Bond Required COMMENTS: Attached is a signed, notarized Agreement for the above-referenced project Please let us know if there are any problems in transmission; call 356-4000, extension 4750. Thank you for your assistance. 900315 PERFORMANCE BOND TPI 2716343 KNOW ALL MEN BY THESE PRESENTS: That Ted Kitzman & Sons (Name of Contractor) 5534 County Road 6, Wiggins, CO 80654 (Address of Contractor) a Partnership , hereinafter called Principal, and Corporation, Partnership, or Individual Transamerica Premier Insurance Company (Name of Surety) 333 So. Anita Drive, Orange, CA 92668 (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 Ninety nine Thousand, Nine Hundred five Dollars and No/100 Dollars ($ 99,905.00 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 5th day of April , 1990, a copy of which is attached and made apart hereof for the construction of: 1990 PROSPECT VALLEY GRAVEL HAULING AND SPREADING NOW, THEREFORE, if the Principal shall well, truly and faithfully perform it's 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 ( 1) 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- 900315 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 way affect it' s 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 6th day of April , 1990. ATTEST: Ted Kitzman & Sons Pr'n pal fin- -Principal Secretary By y ,C, SS) (SEAL) 5534 County Road 6, Wiggins, CO 80654 Witness as to Principal Address Address g d ATTEST: Transamerica Premier Insurance Company Surety Secretary (SEAL) By 4itriess s to Surety At orney-in-Fact Terrence E. Dreiling 75 333 So. Anita Drive A dress Address Denver, CO 80202 Orange, CA 92668 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- 906315 PAYMENT BOND TPI 2716343 KNOW ALL MEN BY THESE PRESENTS: That Ted Kitzman & Name of Contractor 5534 County Road 6, Wiggins, CO 80654 Address of Contractor a Partnership , hereinafter called Principal, and Corporation, Partnership or Individual Transamerica Premier Insurance Company Name of Surety 333 So. Anita Drive, Orange, CA 92668 Address of Surety hereinafter called "Surety", are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Street, P. O. Box 758, Greeley, Colorado 80632, hereinafter called "County", in the penal sum of Ninety nine Thousand, Nine Hundred five Dollars and No/l00 Dollars ($ 99.905.00 ) 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 5th day of April , 1990, a copy of which is hereto attached and made a part hereof for the construction of: 1990 PROSPECT VALLEY GRAVEL HAULING AND SPREADING 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 corporations 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 on such work whether subcontracted 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 -21- 90°315 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. IN WITNESS WHEREOF, this instrument is executed in one (number) counterparts, each one of which shall be deemed an original, this 6th day of April , 1990. Ted Kitzman & Sons Principal ATTEST: BY: /t�..( �� ',a7-„-... (S) Principal Secretary (SEAL) 5534 Coun y Roadd 6, Wiggins, CO 80654 Witness as to Principal Address Transamerica Premier Insurance Company Suridty ATTES;:d . BY: Witness as/to Surety CCttorney-in-Fact Terrence E. Dreiling 910 15t 6t. , #750 333 So. Anita Drive Adargss Address Denver, CO 80202 Orange, CA 92668 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. -22- 900315 7Transamerica samerica Premier Insurance Company Insurance Services iles Oft.:Orance,California N0 0866 GPA Power Of Attorney valid only if numbered in red. General Power of Attorney Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Orange,Orange County, California, does by these presents make, constitute and appoint TERRENCE E . DREILING of Hanver and State of Colorado is true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S .B .A. Guarantee Agreement) - MAXIMUM PENALTY $500 ,000 . 00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $ 100 ,000 . 00 ALL OTHER BONDS - MAXIMUM PENALTY $15 ,000 . 00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31 , 1991" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its Vice President -And its corporate seal to be hereto affixed this 3 0 t h day of August , A.D., 19 8 9 Qpt1A1LR iftso .„..4-ii ��c� TRANSA �A P MIE NSURANCE COMPANY ., IINCORPORATED -0 By �. 6'� 2 Ci Z t State of California l 'r I—J} JULY 1, 1941 ss.: County of Orange CALIFORN\F On this 3 0th day of August , in the year 19 8 9 , before me Joan M. Wynn , a notary public, personally appeared R.W. Johnson executed the within instrument as Vice President on behalf e person who ehallfly known to me to be ref of the corporation therein named and acknowjpdited I,o me.that the.comoration lltAd it. OFFICIAL SEAL i i JOAN M. WYNN �y �V'» ' - NOTARY �U6uC CALIFORNIA /1 - co,_ACC_ Rt'- i PRINCIPAL OFFICE IN 7'co �_� ORANGE COUNTY - Notary Public MY COMMISSInN EXPIRES OCT. 12, 1991 I, the unde'ersig d Secretary-of Transamerica Premier Insurance Company hereby certify that the above and foregoing is a full, true an correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 6th day of April , 19 90 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF C ifit Ce ATTACHED TO BOND NO. TPI 2716343 �y (� Secretary 300248 9OO315 5-88 Hello