HomeMy WebLinkAboutC88-041 GMCO contract and change orderCHANGE ORDER Date: May 26, 1988 �B nxt C88 -41 -21 NO. One CONTRACTOR: GMCO Corporation, P.O. Box 1106, Glenwood Springs, CO 81602 Contract For:1988 Chip Seal Program Contract Date: April 25, 1988 To: GMCO Corporation Contractor You are directed to make the changes noted below in the subject Contract Eagle County Owner, By .,,c" 4 George�A. Gates, Chairman Dated ,19 Nature of the Changes: Lake Creek Meadows Subdivision - add prime and double chip seal surface to Eagle Crest Road from 0.15 miles south of West Lake Creek Road to Idlewild, Eagle Crest Road from Idlewild to end of cul -de -sac, Idlewild and Elk Place SEE ATTACHED These changes result in the following adjustment- of Contract Price and Contract Time Contract Price Prior, to This Change 'Order 400,339.17 Net (Increase)( } Resulting from this Change Order $ 18,191.38 Curr��,nt Contract Prig Including This Change._,Ord.er $ 418, 530.55 DESCRIPTION Pr <i me and Double Chip weal, 3/8 inch over, 3/4 inch, Eagle Crest Road from 0.15 miles 6o. of W. Lk.Cr. Rd. to Idlewi1d, Eagle Crest Rd. from Idlewil d to end of cul -de -sac, Idlewild and Elk Place Change Order, Flo. 1 Attachment 1988 Chip Seal Program LAKE CREEK MEADOWS SUBDIVISION ON, IIIfdt (IW�U b Oil 0.76 M l es TOTAL URIT PRICE $23,936.03 $18,191.38 $18,191.38 TM 1989 WORLD ALPINE SKI CHAMPIONSHIPS V 11- BEAVER CREEK GMCO Corporation P.O. Box 1220 Carbondale, CO 81623 EAGLE COUNTY' 551 Broadway Eagle, Colorado 81631 (303) 328-7311 April 12, 1988 NOTICE OF AWARD RE: 1988 Eagle County Chip Seal Program Mr. Terry: Please be notified that on April 12, 1988, the Eagle County Board of County Commissioners awarded the above referenced project to GMCO Corporation in the amount of $400,339.17s (BASE BID) . Enclosed, please find four counterparts of the contract documents including agreement. In accordance with Section 18 the Instructions To Bidders, you are to execute all four counterparts of the Agreement, attach the Payment Bond, Performance Bond, and Proof of Insurance required by the documents, and return all four counterparts to Eagle County within ten days. EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS Chairman LLM /CJU cc: Jim Fritze, Eagle County Attorney Larry Metternick, Eagle County Engineer Bill Heiden, Road and Bridge Supervisor M Board of County Commissioners Assessor Clerk and Recorder Sheriff Treasurer P.O. Box 850 P.O. Box 449 P.O. Box 537 P.O. Box 359 P.O. Box 479 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 CONTRACT DOCUMENTS 1988 Chip Seal Coat Resurfacing Agreement . . . . . . . . . . . . . . . . . . . . . . . 7 Pages EXHIBIT A To The Agreement . . . . . . . . . . . . . . 8 Pages General Conditions . . . . . . . . . . . . . . . . . . 54 Pages Special Provisions . . . . . . . . . . . . . . . . . . 4 Pages Project Drawing . . . . . . . . . . . . . . . . . . . 1 Page AGREEMENT 1 C88 -41 -21 AGREEMENT Ct THIS AGREEMENT is dated as of the .6 date of in the year 19_ by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) GMCO CORPORATION P.O. BOX 1220 CARBONDALE, CO 81623 (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Eagle County 1988 Chip Seal Program ARTICLE 2 - ENGINEER The Project has been designed by the Eagle County Engineer (an employee of Eagle County) who is hereinafter called ENGINEER and will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1 ARTICLE 3 - CONTRACT TIME 3.1 The Work will be substantially before *August 1 & August 15, and ready for final payment in paragraph 14.13 of the General before * August 1, & August 1 * All roads except Brush Creek _y completed on or 19 88 and completed accordance with Conditions on or 5, 19 88 Road. 3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred eighty dollars ( $280.00 ) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. ARTICLE 4 - CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: (See Attached Bid Form) (Marked Exhibit A) ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. FA 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion progress payments will be in an amount equal to: 90 % of the Work completed until fifty percent of the Work is performed after which no additional retainage shall be withheld, and 90 % of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95 % of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statues 1973, Section 38 -26 -107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statue. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this AGREEMENT, CONTRACTOR makes the following representations: 3 m 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement, made a part hereof and consists of the following: 7.1 This Agreement (Pages 1 to 7 , inclusive). 4 * r I " C, 7.2 Exhibits A to this Agreement (Pages 1 to 8 , inclusive). 7.3 Performance and other Bonds, identified as exhibits and consisting of pages. 7.4 Notice of Award. 7.5 General Conditions (Pages 1 to 54 , inclusive). 7.6 Special Provisions bearing the title and consisting of 1 divisions and 4 pages, as listed in the table of contents thereof. 7.7 Drawings, consisting of 1 sheet. 7.8 Addenda numbers to , inclusive. 7.9 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages to , inclusive). 7.10 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS. 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 5 C� C, 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 9 - OTHER PROVISIONS. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. C; C c _C'111 d This Agreement will be effective on�, 19 �0 OWNER: Eagle County Board of County Commissioners is M , ChairmXfi Nb or %14 Addre`6s for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 CON BY: { (CORPORATE SEAL) ATTES Address notices: (10 S1tpX3- 7 - �Contlnen al Bond No. 3700114 Insuran�ec PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A -311 (Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: That G.M.C.O. CORP. (Here insert full name and address or legal title of the Contractor) P.O. Box 1220, Carbondale, CO. 81623 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY as Principal, hereinafter called Contractor, and P.O. Box 60130, Grand Junction, CO. 81506 as Surety, (Here insert full name and address or legal title of Surety) hereinafter called Surety, are held and firmly bound unto EAGLE COUNTY COMMISSIONERS, (Here insert full name and address or legal title of Owner) 550 Broadway, Eagle, CO. 81631 as Obligee, hereinafter called Owner in the amount of - -- --Four Hundred Thousand Three Hundred Thirty Nine Dollars and 17/100----------------- - - - - -- Dollars($ 400,339.17 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for Eagle County Chip and Seal Project E -35. in accordance with drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OFTHIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2)Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange fora contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contractor contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety maybe liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paraggraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 25th day of _ April A.D. 1968 G.M .0. CORP. (Principal) i (;4A- epherLY6141ess) ' chard St ($henson (Title) President 9 itness) BOND 41430 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY . Patricia Ann Touve (Title) Attorney (Seal) (Seal) Bond No. " 3700114 LABOR AND MATERIAL PAYMENT BOND°" Approved by The American Institute of Architects A.I.A. Document No. A -311 (Feb. 1970 Edition) Note: This bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract KNOW ALL MEN BY THESE PRESENTS: That G•M.C.O. CORP. (Here insert full name and address or legal title of the Contractor) P.O. Box 1220, Carbondale, CO. 81623 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY as Principal, hereinafter called Principal, and P.O. Box 60130, Grand Junction, CO. 81506 as Surety, (Here insert full name and address or legal title of Surety) hereinafter called Surety, are held and firmly bound unto EAGLE COUNTY COMMISSIONERS, (Here insert full name and address or legal title of Owner) 550 Broadway, Eagle, CO. 81631 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Four Hundred Thousand Three Hundred Thirty Nine Dollars Dollars ($ 400,339.17 ) (Here insert a sum equal to at least one -half of the contract price) and 17 10 - -- forthe payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for Eagle County Chip and Seal Project E -35. in accordance with drawings and specifications prepared by (Here insert full name, title and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed, the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which the legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced byand to the extent of any payment or payments made in good faith hereunder, inclusive,ofthe payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this (Witness) (Witness) 25th JoAnn St day of April A.D. 1988 G.M.0 Step President (Seal) FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY" (Seal) Patricia Ann Touve (Title) Attorney . Firemen's insik ance Company of Nev�vark, New Jersey 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all Men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of FIVE MILLION ($5,000,000) DOLLARS. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 20th day of February, 1975: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board. the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bonds. undertakings and all contracts of suretyship, and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED. that the signatures of such officers and the seat of the Company may be affixed to any such Power of Attorney or to 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 when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 3rd day of March, 1982. Attest: FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By r T.H. Stephens, Assistant Vice President M.L. Ford, Vice - President STATE OF NEW YORK ter.: COUNTY OF NEW YORK On this 3rd day of March, 1982, before me personally came M. L. Ford, to me known, who being by me duly sworn, did depose and say that he resides in Summit, in the County of Essex, State of New Jersey, at 768 Springfield Avenue; that he is a Vice - President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument; that 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 and that he signed his name thereto by like order. +„u yee q Susan M McCarthy CERTIFICATE A Notary Public of New Jersey My Commission Expires Feb. 17,1987 i, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revuked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York. Dated the 25th day of April 1988 / 21 BOND 43156 �fi;� —; •;�i�` James M Keane. Assistant Secretary printed in J.S.A.