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HomeMy WebLinkAboutC88-099 RBD Engineering Consultantst
C88- 99 -21'
AGREEMENT
THIS AGREEMENT is dated as of the 157) ` date of
in the year 19 88 by and between
Board of County Commissioners
Eagle County, Colorado
(hereinafter called OWNER)
(hereinafter called CONTRACTOR)
0
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: WIDENING OF EXISTING BRIDGE
EAG- 028 -03.6 ON COUNTY ROAD 5 -28 CROSSING THE COLORADO RIVER. THIS
BRIDGE IS ALSO KNOWN AS THE YARMONY BRIDGE. THE WORK ALSO INCLUDES
WIDENING OF ROADWAY APPROACHES, PLACEMENT OF WATERPROOF MEMBRANE AND
HOT BITUMINOUS PAVEMENT AND OTHER ITEMS.
ARTICLE 2 - ENGINEER
The Project has been designed by RBD, Inc. Engineering Consultants,
hereinafter called ENGINEER, who
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 - CONTRA TIME
3.1 The Work will be substantially completed on or
before June 16 1989 and completed
and ready for final payment in accordance with
paragraph 14.13 of the General Conditions on or
bef ore June 30 , 1989
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.
�s
5.1 PROGRE ''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
6.1 CONTRA bR 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
7 . 2 Exhi is A to this Agreement ( Pa., -fs 1 tC)
inclusive).
7.3 Performance and other, Bonds, identified as
exhibits and consisting of
pages.
7.4 Notice of Award.
s
7.5 General
Conditions
(Pages
1 to 54
inclusive).
7.6 Special
Provisions
bearing
the title and consisting
of
divisions
and
pages, as listed in the
table of
contents
thereof.
7.7 Drawings,
consisting
of 12
sheets.
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.
S
8.2 No assi a ment by a party hereto of a-nv riahts unrir -r
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.
This Agreem /will be effective on 19 88
OWNER: Eagle County Board of
County Commissioners
By:_,
Chairman
Eagle County Board of
County Commissioners
P.O. Box 850
Eagle, Colorado 81631
CONTRACTOR: SP
BY
ATTEST
zo
Address for giving otices:
7
w. .. - »..,�,- n3ixliMNh.: r+.�' «��w �1fL1./✓.•en .... - f. ✓ vi R. >. {.�K 1
Employers Mutual Casualty Company Bond No S12 01 32
HOME OFFICE • DES MOINES
STANDARD CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS: That We BEBO CONSTRUCTION COMPANY
P.O. Box 1 40. Berthoud, CO 80513
(hereinafter called "Principal "), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corpo-
ration organized and existing under the laws of the State of Iowa with its principal office in the CITY OF DES
MOINES, IOWA, and authorized to transact business in the State of Colorado
as Surety, are held and firmly bound unto
EAGLE COUNTY. CO
550 Broadway Eagle CO 81631
(hereinafter called "Obligee "), in the penal sum of ONE HUNDRED FIFTY NINE THOUSAND EIGHT
100------------------------------------------- - - - - --
DOLLARS ($ 159,808.45 ) good and lawful money of the United States of America, for the payment
of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns,
jointly and severally firmly by these presents.
SEALED, with our seals and dated this day of
A.D., 19 .
WHEREAS, the above bounden Principal has entered into a certain written contract with the above named
Obligee, dated the day of , q
Yarmony Bridge Widening
Project No. Ell -0.6
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein for the purpose of explaining but not of varying or enlarging the obligation.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above
bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and
things in said contract set forth and specified to be by the said Principal kept, done and performed at the
time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above
named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part
of said Principal, then this obligation shall be void: otherwise, to be and remain in full force and effect.
PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no right of
action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee
named herein: and the obligation of the Surety is and shall be construed strictly as one of suretyship only.
BEBO CONSTRUCTION COMPANY
WITNESS: "er Princ�al -�# (Seal)
ATTEST:
Furor 7066
(if Individual or Firm)
(If Corporation)
BY:
BY
EMPLOYERS MUTU CASUALTY COMPANY
' + Surety (Seal)
Employers Mut j Casualty Company Bond No S12 01 32
HOME OFFICE • DES MOINES
-- PAYMENT BOND -
KNOW ALL MEN BY THESE PRESENTS: That We BEBO CONSTRUCTION COMPANY
P.O. Box 1440, Berthoud, CO 80513
(hereinafter called "Principal "), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corpo-
ration organized and existing under the laws of the State of Iowa and authorized to transact business in the
State of Colorado (hereinafter called "Surety"), as Surety, are held and firmly
bound unto the EAGLE COUNTY,' CO-
550 Broadway,'&agle CO 81631
(hereinafter called "Obligee "). in the penal sum of ONE HUNDRED FIFTY NINE THOUSAND EIGHT
HUNDRED EIGHT & 45/100 ZZZ DOLLARS. (= 159, 808.45 1. good and lawful money of the United
States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, adminis.
trators, executors. successors and assigns, jointly and severally, firmly by these presents.
SEALED with our seals and dated this _______ day of A.D.. 19..,
WHEREAS, the above bounden Principal has entered into a certain written contract with the above named
Obligee, dated the day of t9
Yarmony. Bridge Widening
Project No. Ell -0.6
Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW. THEREFORE, IF the Principal shall promptly make payment to all persons supplying labor and material
in the prosecution of the work provided for in said contract. then this obligation to be void: otherwise to remain
in full force and virtue.
Signed and Sealed this __, day of 19__
I
1 _BEBO CONSTRUCTION COMPANY
WITNESS:
(S.al)
(if Indiridual or Firm)
(Seal)
ATTEST:. .
U7
(if Corporation)
EMPLOYERS MUTUAL CASUALTY
[Sall
Attornoy4n•Fact
-�
ffi mployers Mutual Compan'
P. O. Box 712 Des Moines, Iowa 50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
Notice: The warning elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that:
Employers Mutual Casualty Company, an Iowa Corporation Illinois Emcasco Insurance Company, an Illinois Corporation
Emcasco Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation
Union Mutual Insurance Company of Providence, American Liberty Insurance Company, an Alabama Corporation
a Rhode Island Corporation
hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint:
DILYNN GUERN, DIANA DALE, LYNN C. MOLINARO, DON R. BROYLES, FRANK C. PENN, THOMAS S. APP,
KATHRYN K. SHANKS, ANITA COLAIUTA, INDIVIDUALLY, DENVER, COLORADO----------------- - - - - --
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other
obligatory instruments of a similar nature as follows:
IN AN AMOUNT NOT EXCEEDING FIVE HUNDRED THOUSAND DOLLARS-------- - - - - -- ($500,000.00)
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such
Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire April 1, 1991 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of- Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the
Companies at meetings duly called and held on March 9, 1983.
RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary shall have power and
authority to (1) appoint attorneys -in -fact and 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 remove any such
attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms
and limitations of the power of attorney issued to them, to execute and deliver 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 any such
instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any
power of attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this
company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power -of- attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though
manually affixed.
IN WITNESS WHEREOF, The Companies have caused these presents to be signed for each by their Chairman and Assistant Secretary, and the
Corporate seals to be hereto affixed this 22nd day of March 1 988
WARNING: This power invalid if red diagonal imprint "Employers Mutual C panies" is not present in its entirety, and if the signatures of
the officers and notary public do not appear in blue, and if the "EMC" w arm k does t appear in the top half center of the page.
Seals) V
�• '•, ,•� PAN CE �.` �VINSU'''.
;.`PSG NS�Rg2 ; \�,5��,,,,,,��c0 ��?�,,,,,,, 9q? Robb B. Kelle John M. Van Sloun
41 `OPPORgT' ``ONPDRgt -O � `�FPORgT y
Chairman Assistant Secretary
="= SEAL
, / L'',nn it" T� 1
' * /LLIN��Sp`
` NgURAiy '•,
�Q `OAP ORgr'i 0 '.
SEAL
1863 o
R.I.
%,GO'''�n ,,,�`�,'���•
'WW
S U RAN'.,
CF
SEAL
S O , oRTH O
1953
UTUAL;
O Rq ,`r6
SEAL = -
4101NES \'' `
KRISTIE L TYLER
yt ... MY COMMMSION EXPIRES
�
,w G0 . _ q
On this 22nd day of March AD 19 88 before
me a Notary Public in and for Polk County, Iowa, personally appeared Robb B.
Kelley and John M. Van Sloun, who being by me duly sworn, did say that they
are, and are known to me to be the Chairman and Assistant Secretary,
respectively, of each of The Companies above; that the seals affixed to this
instrument are the seals of said corporations; that said instrument was signed
and sealed on behalf of each of The Companies by authority of their respective
Boards of Directors; and that the said Robb B. Kelley and John M. Van Sloun
acknowledge the execution of said instrument to be the voluntary act and deed
of each of The Companies.
My Commission Expires October 2, 1989
I _/
Notary Public
CERTIFICATE
I, Richard E. Haskins of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by
each of The Companies, and this Power of Attorney issued pursuant thereto on j2r-Ch 99 �1988
on behalf of DiLynn Guern, Diana Dale, Lynn C. Molinaro, Don R. Broyles, Frank C. Penn,
are true and correct and are still in full force and effect. Thomas S. A p, Kathryn K. Shanks, Anita Colaiuta
In Testimony Whereof I have subscribed my name and affixed the facsimle seal of each Company this day of
,19
c
Form 7832 Fourth Reprint l Vice - President
' J f L
PRODUCER R
The Linden Company
10 Lakeside Lane ,189
Denver, CO 80212
INSURED
Bebo Construction Company
P.O. Box 820
Berthoud, CO 80513
j� ` ISSUE 1 E (FJSM /DD /YY)
9/19/88
THIS CERTIFICATE IS'ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY
LETTER
COMPANY
LETTER
COMPANY c
LETTER
COMPANY
LETTER
COMPANY
LETTER LZ
COMPANIES AFFORDING COVERAGE
USFBG
THI IS TO CERTIFY -i dAT k'C LICi S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAraf:b .4i30VE FOR THE POLICY PERICD INDICATED,
hiOl V ffriST Atioii4G ARI Y t t]UknLt.iiN'i, TERM Oii CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESk LCT TO VidiCH THIS CERTIFICATE i.IAY
BE ISSUPO OR h1AY PERTAIN, THE INSURANCE AFFO DED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERP,YS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
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UESCRIPIIUN OF OPERATIONS /LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS
RE: Yarmony Bridge Widening'
A11 Operations - All Locations
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
Eagle County PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
550 Broadway MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Eagle, Colorado 81631 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZEDD REPRESENTATIVE � �8
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