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Home My WebLink About990589.tiff THIS AGREEMENT, made thisl6ttgay of MARCH , 19 99, by and between THE BOARD OF WELD COUNTY COMMISSIONERS, and QUALITY RESURFACING COMPANY doing business as QUALITY RESURFACING COMPANY AS A CORPORATION 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 1999 RUBBERIZED CRACK FILLING 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: SIXTY-THREE THOUSAND SEVEN HUNDRED AND 00/100 ($ 63,700.0P for the project: 1999 RUBBERIZED CRACK FILLING PROJECT -17- 990589 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) W-9 Taxpayer Identification Number (H) Notice of Award (I) Acceptance of Notice (J) Agreement (R) Performance Bond (L) Payment Bond (M) Insurance Requirements (N) Notice to Proceed (O) Change Order (P) Notice of Contractor's Settlement (Q) Final Receipt and Guarantee (R) Drawings prepared by Weld County Engineering Department, numbered (S) Specifications prepared or issued by Weld County Enaineerina Department (T) Addendum No. , dated , 19 No. , dated , 19 No_ , dated , 19 (U) 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- 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 COUNTY COMMTSSTONERS WFLD COUNTY. COLORADO CONTRACTOR BY BY QUALITY RESURFACING NAME NAME_ JERRY L. RHEA Dale K. Hall, Char (03/0N/99) (Please Tyri, TITLE PRESIDENT ADDRESS 5231 E. 78TH AVENUE COMMERCE CITY, CO 80022 (SEAT ) (SEAL) ATTEST: <`) ATTEST: Weld County Clerk N... TROY ��,� i BEE BY: > NAME_ TROY BEER Deputy Clerk to the (Please Type) TITLE VICE PRESIDENT -19- Bond No. 019SB101108848BCM 7RaroRI QNCE BONn KNOW ALL HEN BY THESE PRESENTS: That QUALITY RESURFACING CO. Name of Contractor 5231 E. 78th Avenue, Commerce City, CO 80022 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership, or Individual TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA • Name of Surety 7600 E. Orchard Rd. , #330, Englewood, CO 80111 Address of Surety hereinafter called Surety, are held and firmly bound unto THE HOARD OP WELD COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 00632, hereinafter called County, in the penal sum of Sixty Three Thousand Seven Hundred and No/100 Dollars ($ 63,700.00 -.) 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/d r day of March 1999, a copy of which is attached and made apart hereof for the construction of: • 1999 RUBBERIZED CRACK PZLLy4G 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 shell fully indemnify and save harmless the County from all costs and damages which it way suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur Tin good any `default, then this .obligation shall be void; otherwise to remain in full force and effect. -20- pROVIDBD, FURTHER, that the said Surety, for value received hereby stipulates /— and agrees that no change, extension of time, alteration or addition to the l 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 ouch change, extension of time, alteration or addition to the terms of the Contract of the work or to the specifications. PROEM , FURTHER, that no final settlement between the County and the Contractor shall abridge the right of any beneficiary hereunder, whose claim Maybe unsatisfied. IN WITNESS WHEREOF, this instrument is executed in ./4;#1C1 daY of March 19 99 . ATTEST;?- • QUALITY RESURFACING CO. - 10 9 it-n-0 Principal K's nciPaa2 Secretary Sy f � (6) C� (SEAL) — -,,,,,--a., 5231 E. 78th Ave. , Commerce City, CO 80022 Witness ;; o Principal Address ‘.7o7_/45: 7o.7.-4is✓L Cce rlz-ecrci/co tc'c',,7 Address ATTEST: TRAVELERS CASUALTY AND SURETY Surety Secretary COMPANY OF AMERICA _=..„______-_ B70121 /97 itnes� to Surety Att n -in-Fact Jody Anderson 3773 Cherry Creek N. Dr. , #800 7600 E. Orchard Rd. , #330 _ Address Address Denver, CO 80209 Englewood, CO 80111 _ NOTE; Date of bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond. TKPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as emended) and be authorized to transact business in the state where the project. is located. .. .. . -71- L MEMBER I MOODY INSURANCE AGENCY,INC. N R S f3) 3773 CHERRY CREEK NORTH DRIVE,SUITE 800 DENVER,COLORADO 80209-3804 ww.a nOMS PHONE 8246600 I san BOND MOMS Bond No. 019SB101108848BCM • .. . PAYMENT HOl7D • !NOW ALL MEN BY THESE PRESENTS: That QUALITY RESURFACING CO. Name of Contractor 5231 E. 78th Avenue, Commerce City, CO 80022 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, partnership.or Individual TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA _ Name of Surety 7600 E. Orchard Rd. , #330, Englewood, CO 80111 Address of surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 18th Street, Greeley, Colorado 80632, hereinafter called County, in the penal sum of Sixty Three Thousand Seven Hundred and No/100 Dollars ($ 63,700.00 -1 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/ ' day of March 1999, a copy of which is attached and made apart hereof for the construction of: 1999 RUBBE TZED cKp.a FILLING PROJECT NOW, THEREFORE, if the Principal shall during the entire length of said Contract and any extension thereof promptly make payment to all persona, firma, 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, FUR'MER, 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 -22- 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 WBEREOF, thin instrument is executed in one (number) counterparts, each one of which shall be deemed an original, this the � 5 ,./‘ day of March , 1999. QUALITY RESURFACING CO. Principal ATTEST: a // Ti / BY s.-.a F�l��'i-� , I ENT principal Secretary 5231 E. 78th Avenue, Commerce City, CO 80022 Wi as as to Principal Address sa cif: Yin ‘,emu t - Address TRAVELERS CASUALTY AND SURETY Corlrlf�C G C�J�/t Cc' foo,,7a7_ COMPANY OF AMERICA Surety ATTEST: BY t f�J ,//,J�J %% Witness as to Surety etorney-in-Fact Jody Anderson 3773 Cherry Creek N. Drive, #800 7600 E. Orchard Rd. , #330 _. Address Address Denver, CO 80209 Englewood, CO 80111 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 moot current list (circular 570 as amended) and be authorized to transact business in the state where the project is located- • -23- MEMBER MOODY INSURANCE AGENCY,INC. 3773 CHERRY CREEK NORTH DRIVE,SUITE 800 of As B R DENVER,COLORADO 80209-3804 �� PHONE 8246600 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville,Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAWLERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Evan E. Moody,Brad Moody,Sue Martin,Jody Anderson or Vera T. Kalba" * of Denver, CO, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge,at any place within the United States,or,if the following line be filled in,within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given hint or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-97) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 10th day of September, 1998. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS y 9119A, o �,,i,'�}p�t sukOi j6 f1 f0�.Y0A1r e t e t2 o sEu/ 'y A • _ b1/4"m,1 a By S• • ,�Lt • s! d,`al• A 4,eo� R George W. Thompson c�' Senior Vice President On this 10th day of September, 1998 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. • My commission expires June 30, 2001 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this day of March , 1999 . .�sNN), at CA6U4�) 1py Z P. '�lO�l L IOHer d FORD. e -t 9 S 2� p P 7 SEAL By L ��„ONN. fz CONN. 0 19:1 ; a sa .t , <<, o� . Brian Hoffman '' . r•� e>. oit • )". af* Assistant Secretary, Bond Hello