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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 LTt4 TY111:Of — i-C7UCY NUMBER P1')LiCY t(FE(iIVF DAILj1A W"DO.YYT llI (K H?Gf�, CA ALL LIME IS IN THOUSANDS GE IiERAL T LIABILITY — -` Cc.LR lnwflLGrlc. a. �. _ X CCt,^M67CIAL GENLRAL L 1,,bILIPe t'hJIS{,,LT o.iWs GPS l f1�LNjt' rt $ _ Fx I iiLCh�irtEt�CE .... $ � Lr;;;O L d LtiEr IU IF;,;UR'r � E A x 0',p&,.-,- �El, s o ACT�r, rhj, IELILt 1MP078.147113 01 7/1188 7/1/'89 EACH occDnR :CE $ FIRE D L ?AGE intft u',E E!Ni! v.� �__ ,D�, f Xj, t %,'t -..t r (; tSSGt,t ' S vUl U�,;OUiLL LIAOILI IY x Ar: r Au"0 CSL $ 1,000 A S.E a� °ULID UT6 IMP078- 147113 01 7/1/88 7/1/89 �J�>ir ��I,ECULEOAUTO� ;rEtir'Eltsii,v� 4; 4 HIREU,�urus _ dOti=.LY x i.U;i- C, "�NEDAUIU "U ' "JURY �PEfl ACCOEW GAfiAuL LI„UiLi i Y -��� - pmeERI f DnWUE $ _t�k:tiC:t: tg[ EXCESS LIABILITY fi OTHER THAN I.R.1di ELLA ri)W,, WoAkERS' COtvtYENSA T ION STATUTORY — $ (EACH ACGDtHt} C AND �� iDISEi�SE- ('GLiCY LiMI(I EFVif}LOYEEiS' LtAUILi (Y $ (DISEASE -EACH EIN0YEEI OTHER s 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 v..