HomeMy WebLinkAboutC87-064 Oshkosh Truct Change Order No. 1[em
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C37-64-17
STATE OF COLORADO___ ATP PROJECT NO3-08-
NAME OF AIRPORT EAGLE COUNTY LOCATION EAGLE �6DORADO
CONTRACTOR OSHKOSH TRUCK COMPANY_-- SCHEDULE NO. III ----------NF®__
CHANCE ORDER NO. 1
TO OSHKOSH TRUCK COMPANY CONTRACTOR:
YOU ARE HEREBY ORDERED TO MAKE THE FOLLOWING CHANCE IN THE PLANS AND/OR
SPECIFICATIONS FOR THE ABOVE DESIGNATED PROJECT.
1. DESCRIPTION OF CHANGE TO BE MADE:
The specified Feecon hydraulic assisted remote water/foam turret will
changed to a Feecon manual, single barrel, air aspirating dual rate 375/7
GPM, infinitely variable pattern turret.
2. REASON FOR ORDERING CHANCE:
The Feecon manual turret has comparable operating
characteristics as the hydraulic assisted turret at a
substantially lower cost with less potential for breakdown and
less maintenance costs.
3. SETTLEMENT FOR THE COST OF THE ABOVE MENTIONED CHANGE TO BE MADE AS
FOLLOWS:
$2,500.00 reduction in total contract cost.
THIS CHANCE ORDER {INCREASES}{ -DEGREASE+ THE CONTRACT TIME BY 0 CALENDAR
DAYS.
4. SUMMARY OF COSTS:
NET {INGREASE+(DECREASE) OF THIS CHANGE ORDER $2,500.00
TOTAL {-INGREASE}(DECREASE) OF ALL PREVIOUS CHANGE ORDERS $0.00
TOTAL kINGREASE}{DECREASE} OF ALL CHANCE ORDERS TO DATE $2,500.00
TOTAL ESTIMATED PROJECT COST $289,737.00
NOTE: THIS 01
SECTION
AGREED TO BY:
IS NOT EFFECTIVE UNTIL SIGNED BY THE ENGINEERING
S DIV -10N FEDERAL AVIATION ADMINISTRATION.
REP TITLEv
---? 19 --
DATE
AGREED TO BY:e"" V - --- rn_M� - `�'--------- z 19 IV 7
CONTRA TOWS AUTHORIZED R TITLE DATE
P 6
APPROVED BY: _ 1.9 A'
ENGINEERING SECTION, AIR- RTS DIVISION, FAA ATE
�INGREASE}(DECREASE) - STRIKE OUT THE ONE WHICH DOES NOT APPLY.
r -
CONTRACT AGREEMENT
FOR PROVISION OF AN AIRCRAFT
FIRE AND RESCUE TRUCK FOR
EAGLE COUNTY AIRPORT
EAGLE, COLORADO
AIP PROJECT 3 -08-0020-07
THIS AGREEMENT, made and entered into
of M I
of Commissio9iers, Eagle County, Ea Ie, olo
to as the "Sponsor," and L -
Second Party, hereinafter referred to as the "Contractor.'
C87-64-17
this % �Cr day
by and between the Board
rado._ hereinafter referred
WITNESSETH:
Article 1. STATEMENT OF THE WORK. The Contractor shall furnish
all labor and materials and perform all work for Eagle County
Airport, under AIP Project No. 3 -08-0020-07, Schedule III, in strict
accordance with the Specifications dated N97
for improvements to Eagle County Airport. The ContractrAr shall
complete this work within a-Y5calendar days for the construction and
delivery of the 1,500 Gallon Combination Foam and Halon 1211 Aircraft
Fire and Rescue Truck including Auxiliary Equipment from the
effective date of the Notice to Proceed.
Article 2. It is hereby further agreed, that, at the completion
of the work and its acceptance by the Sponsor, all sums due the
Contractor by reason of his faithful completion of the work, will be
paid the Contractor by the Sponsor after said completion and
acceptance.
Article 3. It is agreed that any reference herein to the
"Contract" or "Agreement" shall include all Contract Documents
including the Invitation to Bid, Instructions to Bidders, Bid
Proposal, Proposal Guaranty, Notice of Award, Contract Agreement,
Performance/Payment Bond, Notice to Proceed, General Provisions, and
Technical Specifications, and issued in connection with AIP Project
No. 3 -08-0020-07, Schedule III, and said Contract Documents are
hereby made a partof this agreement as fully as if set out at length
herein.
Article 4. Contract Clauses and Requirements for Construction
Contracts.
A. General and Labor Clauses for all Construction Contracts and
Subcontracts.
1. Airport Improvement Program Project. The work in this
contract is included in Airport Improvement Program Project
No. 3-08-0020-07 which is being undertaken and accomplished
by the Sponsor in accordance with the terms and conditions
of a grant agreement between the Sponsor and the United
States under the Airport and Airway Improvement Program Act
of 1982, and FAR Part 152 (14 CFR Part 152), pursuant to
which the United States has agreed to pay a certain
- I
� ° a
CONTRACT AGREEMENT
FOR PROVISION OF AN AIRCRAFT
FIRE AND RESCUE TRUCK FOR
EAGLE COUNTY AIRPORT
EAGLE, COLORADO
AIP PROJECT 3 -08-0020-07
THIS AGREEMENT, made and entered into
of M I
of Commissio9iers, Eagle County, Ea Ie, olo
to as the "Sponsor," and L -
Second Party, hereinafter referred to as the "Contractor.'
C87-64-17
this % �Cr day
by and between the Board
rado._ hereinafter referred
WITNESSETH:
Article 1. STATEMENT OF THE WORK. The Contractor shall furnish
all labor and materials and perform all work for Eagle County
Airport, under AIP Project No. 3 -08-0020-07, Schedule III, in strict
accordance with the Specifications dated N97
for improvements to Eagle County Airport. The ContractrAr shall
complete this work within a-Y5calendar days for the construction and
delivery of the 1,500 Gallon Combination Foam and Halon 1211 Aircraft
Fire and Rescue Truck including Auxiliary Equipment from the
effective date of the Notice to Proceed.
Article 2. It is hereby further agreed, that, at the completion
of the work and its acceptance by the Sponsor, all sums due the
Contractor by reason of his faithful completion of the work, will be
paid the Contractor by the Sponsor after said completion and
acceptance.
Article 3. It is agreed that any reference herein to the
"Contract" or "Agreement" shall include all Contract Documents
including the Invitation to Bid, Instructions to Bidders, Bid
Proposal, Proposal Guaranty, Notice of Award, Contract Agreement,
Performance/Payment Bond, Notice to Proceed, General Provisions, and
Technical Specifications, and issued in connection with AIP Project
No. 3 -08-0020-07, Schedule III, and said Contract Documents are
hereby made a partof this agreement as fully as if set out at length
herein.
Article 4. Contract Clauses and Requirements for Construction
Contracts.
A. General and Labor Clauses for all Construction Contracts and
Subcontracts.
1. Airport Improvement Program Project. The work in this
contract is included in Airport Improvement Program Project
No. 3-08-0020-07 which is being undertaken and accomplished
by the Sponsor in accordance with the terms and conditions
of a grant agreement between the Sponsor and the United
States under the Airport and Airway Improvement Program Act
of 1982, and FAR Part 152 (14 CFR Part 152), pursuant to
which the United States has agreed to pay a certain
- I
t
percentage of the costs of the project that are determined
to be allowable project costs under the Act. The United
States is not a part to this contract and no reference in
this contract to the FAA or any representative thereof, or
to any rights granted to the FAA or any representative
thereof, or the United States, by the contract, makes the
United States a party to this contract.
2. Contract Termination. This contract may be terminated by
the Sponsor for any of the following conditions:
(a) The Contractor fails to begin work under the Contract
within the time specified in the "Notice to Proceed;" or,
(b) The Contractor discontinues the prosecution of the
work; or
(c) The Contractor becomes insolvent or is declared
bankrupt, or commits any act of. bankruptcy or insolvency; or
(d) The Sponsor is prohibited from completing the project
because of conditions or circumstances beyond the control of
either the Sponsor or the Contractor such as, but not
limited to, an Executive Order of the President with respect
to the prosecution of war or in the interest of national
defense or an order of any State or Federal Court
permanently prohibiting the construction of the project, the
Sponsor, acting by and through its Airport Manager, may
terminate the Contract or portion thereof by giving at least
ten (10) days' written notice thereof to the Contractor.
B. Bonding Clauses for Construction Contracts and Subcontracts.
The Contractor agrees to furnish a performance/payment bond for
100 percent of the Contract prices. This bond is one that is
executed in connection with a contract to secure fulfillment of
all the Contractor's obligations under such contract and to
assure payment as required by law of all persons supplying labor
and material in the execution of the work provided for in the
Contract.
Article 5. The Contractor agrees to accept as his full and only
compensation for the performance of all the work required under this
Contract such sum or sums of money as may be proper in accordance
with the price or prices set forth in the Contractor's Proposal
attached hereto and made a part hereof covering all of the items.
VI -2
Article 6. The Contractor agrees to indemnify, defend and hold
harmless the Sponsor, from any and all claims and damages to property
and injury to persons which may arise both of and during operations
under this Contract, whether such operations be by the Contractor or
by any subcontractor or anyone directly or indirectly employed by the
Contractor or any other employee or person employed or engaged on or
about, or in connection with, the construction.
The total cost for AIP Project No. 3-08-0020-0 , Schedule III,
Gallon Combination Foam and Halon 1211 Aircraft Fire and Rescue
including Auxiliary Equipment thereof is Two Hundred Ninety -Two
Thousand Two Hundred Thirty -Seven Dollars and No/100 Cents_
dollars (s 292,237.00
1,500
Truck
IN WITNESS THEREOF, The First Party and the Second Pary, respectively
have caused this agreement to be duly executed the day and year first
herein written in six (6) copies, all of which to all intents and
purposes shall be considered as the original.
R, First Party
Eagle County Board of Commissioners
Eagle County, Colorado
Eagle, orado
CONTRACTOR, Second Party
Oshkosh Truck Corporation
Oshkosh, Wisconsin
ATTEST • BY �J John P. Carroll , President
BY R. C. Pollock By G. Cihowiak
Title General Sales Manager Title Sales Administration Manager
VI -3
u' ST.r`�L MERCURY INSURANCE COMPAN -- ,CERTIFICATE of
&Lalrury 385.�`�Iington Street, St. Paul, Minnesota 551 AUTHORITY NO.
,0
For verification of the authenticity of this Power of Attorney, you may telephone toll free 800-328-2189 and ask for
the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s).
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Mercury Insurance Company, a corporation organized and existing under the laws of the State of
Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
John R. Sawtell, Daniel D. Harmon, III, R. L. Harmon, Jr.,
individually, Oshkosh, Wisconsin
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
NOT TO EXCEED IN PENALTY THE SUM OF FIVE MILLION ($5,000,000) EACH
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Mercury Insurance Company, as fully and
amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article III, -Section 5 (C), of the By -Laws
adopted by the Board of Directors of ST. PAUL MERCURY INSURANCE COMPANY at a meeting called and held on the 3rd day of August, 1966, of which
the following is a true transcript of said Section 5 (C):
".The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By -Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 12th day of December, 1967, of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures 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."
s.•`'�q 1 NStj ` IN TESTIMONY WHEREOF, St. Paul Mercury Insurance Company has caused this instrument to be signed and its corporate seal
G •••"' ••., to be affixed by its authorized officer, this 1st day of March, A.D. 1984.
`��'GDaPURgp� ST. PAUL MERCURY INSURANCE COMPANY
0 - STATE OF MINNESOTA}
i �.�taD County of Ramsey J ss.
i d
wS ..+..•.r� Vice President
'Nannrww�'a
On this 2nd day of December 19 85 , before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Mercury Insurance Company; that
the seal affixed to said instrument is the Corporate Seal of Said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the
Board of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day
IR
d, and year first above written.
t ppm { MARY C. CLANCY, Notary Public, Ramsey County, MN
My Commission Expires November 1, 1990
CERTIFICATION
I, the undersigned officer of St. Paul Mercury Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and
affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGNALS ON FILE IN THE HOME
OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has
not been revoked and is now in full force and effect.
I.°oavoaarfyo= IN TESTIMONY WHEREOF, I have hereunto set my hand this
'XfSEAL.'3
5.._.....r� 2 7th day of AT)ril 19 87 Secretary
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
31801 Ed. 03-84 Printed in U.S.A
PERFORMANCE/PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, O°I-IKOSH TRUCK CORPO ATION, 2307 OREGON ST.
O�I'itiGSF� CJIas Principal, and n, rT�t�a�Y I� U� r'VTCE CO.Pti
a corporation organized and existing under and by virtue of the laws
of the State of MINNESOTA , and duly authorized to
transact business in the State of Colorado as Surety, are held and
firmly bound unto the Board of Commissioners, Eagle County, Colorado,
hereinafter referred to as the Sponsor, in the penal sum
of TWO HUNDRED IdUNETY-TVTO THOUSAND DA10 HUNDZED THIRTY-SEVEN & NO/10n -
dollars
(100 percent of Contract Value)
($292,237.OQ lawful money of the United States of America, for the
payment of which well and truly to be made the said Principal and the
said.Surety do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly
by these presents, as follows:
The condition of the above obligation is such that:
WHEREAS, the said principal has entered into a written contract
with Eagle County, Colorado, for the manufacture and provision of an
Aircraft Fire and Rescue Truck including Auxiliary Equipment in
conformity with the Contract Documents and Technical Specifications
prepared which Contract. Documents and Technical Specifications are
hereby referred to and made a part hereof, the same to all intents
and purposes as if written at length herein to which contract the
said principal has contracted to perform the work specified in
accordance with the term thereof.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that
if the above bonded Principal shall well, truly, and faithfully
perform said contract and any alterations in and additions thereto
and comply with all of the terms and provisions thereof except that
no change will be made which increases the total contract price by
more than 25 percent in excess of the original contract price without
notice to the Surety, or in the event of default if the Principal
shall pay to Eagle County any costs of procuring the vehicle
described in the Contract Documents which exceeds the amount of his
bid, then this obligation to be void, otherwise to remain in full
force and virtue, and comply; and shall fully indemnify and save
harmless the Sponsor from all damages, claims, demands, expense and
charge of every kind (including claims of patent infringement)
arising from any act, omission, or neglect of said Principal, his
agents, or employees with relation to said work; and shall fully
reimburse and repay to the Sponsor all costs, damages, and expenses
which they may incur in making good any default based upon the
failure of the Principal to fulfill his obligation to furnish
maintenance, repairs or replacements for the full guarantee period
provided in the specification contained herein then this obligation
shall be null and void, otherwise it shall remain in full force and
effect.
VII -1
Further conditions of the foregoing obligations are such that
the Principal and Surety will guarantee the work performed under this
contract against defects in workmanship performed by the Principal
and all defects in materials furnished by him which appear within a
period of two calendar years after the final acceptance of the work
by the Sponsor. Under this guarantee, the Principal and Surety shall
repair or replace all defective workmanship and material provided by
the Principal and all defects in materials furnished by him which
appear within a period of two calendar years after the final
acceptance of the work by the Sponsor. Under this guarantee, the
Principal and Surety shall repair or replace within seven () days
all defective workmanship and material provided by the Principal
appearing_ within two --years after the completion and acceptance of the
work, at no cost to the Sponsor.
PROVIDED FURTHER, that the 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 anywise affect its obligations of this bond, and it does
hereby waive notice of any such change, extension of time,
alteration, or addition to the terms of the contractor to the work,
or the specifications.
PROVIDED FURTHER, that if the said Contractor fails to duly pay
for any labor, materials, team hire, sustenance, provision,
provender, gasoline, lubricating oils, fuel oils, grease, coal, or
any other supplies or materials used or consumed by the Contractor or
his subcontractors in performance of the work contracted to be done,
the Surety will pay the same in any amount as provided by law.
IN WITNESS WHEREOF, said Principal and Surety have set their
hands and seals at OSHKOSH. WISCONSIN ,
this 27th day of April , 198_, A.D.
S 5 Y
OSHKOSH TRUCK CORPO,111TION
Principal
( ontractor )
By: �
Attest:
f
S a PAUL MERCURY IIISURANCE COMPANY
Surety
By:
1t17,02R4NEY -II-FACAtt i
(S AL)
(Accompany this bond with Attorney -In -Fact's authority from the
Surety to execute bond, certified to include the date of the bond).
VII -2
