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HomeMy WebLinkAboutC05-283 Kelley Trucking CONTRACT AGREEMENT Eagle County Regional Airport Gypsum, Colorado AlP PROJECT NO. 3-08-0020-37 THIS AGREEMENT, made and entered into this j.1 rllay of (' f f:) I- f A., {p r; 2005, by and between Eagle County, Colorado, Party of the F.rst Part, hereinafter referred to as the "Owner," and Kelley Trucking, Inc., Party of the Second Part, hereinafter referred to as the "Contractor," for the construction of airport improvement including: Schedule I, Alternate Bid A: Grading and Drainage for the Future Runway 7/25 Extension; and other incidental work at the Eagle County Regional Airport. WITNESSETH: ARTICLE 1. It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the Contractor by the Owner, the said Contractor shall furnish all labor, equipment, and material and shall perform all work necessary to complete the improvements in a good and substantial manner, ready for use, and in strict accordance with this Contract, a copy of which is filed pursuant to law in the office of the legal representative of the Owner. ARTICLE 2. It is hereby further agreed that in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the compensation due it by reason of said faithful performance of the work, at stated intervals and in the amount certified by the Engineer, in accordance with the provisions of this Contract. ARTICLE 3. It is hereby further agreed that, at the completion of the work and its acceptance by the Owner, all sums due the Contractor by reason of his faithful performance of the work, taking into consideration additions to or deductions from the Contract price by reason of alterations or modifications of the original Contract or by reason of "Extra Work" authorized under this Contract, will be paid the Contractor by the Owner after said completion and acceptance. ARTICLE 4. It is hereby further agreed that any references herein to the "Contract" shall include "Contract Documents" as the same is defined in Paragraph 10-13, Section 10 of the General Provisions and consisting of the Invitation for Bid, Instruction to Bidders, all issued Addenda, Proposal, Statement of Qualifications, Anticipated Sub-Contracts, Form of Proposal Guaranty, Notice of Award, Contract Agreement, Performance & Payment bonds, Notice to Proceed, Notice of Contractor's Settlement, Wage Rates, General Provisions, Special Provisions, Plans, Technical Specifications, attached appendices and all documents incorporated by reference. Said "Contract Documents" are made a part of the Contract as if set out at length herein. Said Contract Agreement is limited to the items in the proposal as signed by the "Contractor" and included in the "Contract Documents." ARTICLE 5. The Contractor agrees to perform all the work describe in the Contract Documents for the unit prices and lump sums as submitted in the Bid, taking into consideration additions to or deductions from the Total Bid by reason of alterations or modifications of the original quantities or by reason of "Extra Work" authorized under this Agreement in accordance with the provisions of the Contract Documents. ARTICLE 6. The Contractor agrees to commence work within ten (10) calendar days after the receipt of a notice to proceed and the Contractor further agree to complete said work within 180 Calendar days after the notice to proceed. Extensions of the Contract time may only be permitted execution of a formal modification to Contract Agreement as approved by the Owner. Liquidated damages in the amount of $1,500.00 / Calendar day will be charged for that time which exceed the number of Calendar days allowed in this paragraph. The total estimated cost for AlP project # 3-08-0020-37 thereof to be Thirteen Million, Nine Hundred Ninety Eight Thousand, Eight Hundred Sixty Five Dollars and 00/100 Cents ($13,998,865.00). ARTICLE 7. The amount of money appropriated will be equal to or in excess of the contract amount as set forth in the notice( s ) to proceed. Change orders requiring additional compensable work to be performed, which cause the aggregate amount payable under the contract to exceed the amount appropriated for the original contract, are prohibited unless the contractor is given written assurance by owner that lawful appropriations to cover costs of the additional work have been made or unless such work is covered under a remedy granting provision of the contract. Notwithstanding anything to the contrary in the Contract Documents the Contractor hereby acknowledges and agrees that Owner's performance under the contract is subject to receipt of funds from the FAA and further is subject to annual appropriation by Owner in accordance with a budget adopted by Eagle County Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the Tabor Amendment (Colorado Constitution, Article X, Sec. 20). Owner may issue multiple Notice(s) to Proceed in incremental stages as funding becomes available. IN WITNESS WHEREOF, the Party of the First Part and the Party of the Second Part, respectively, have caused this Agreement to be duly executed in day and year first herein written in five (5) copies, all of which to all intents and purposes shall be considered as the original. CONTRACTOR, Party of the Second Part OWNER, Party of the First Part .. e ,.ere~ident C0q(.r.-...,#.-" ;'!>oCC Position of Si,igner) (Office or Position of Signer) "';4~Aj,*~ (SE~) / / . i ::i l li iil/';:::;' (SEADD . .............. . . / , - / ...,/ . ~'/ ..('/ .;:!// /~- /~ \~~ L6~.~' /J ~/ A f/ '-..:~~/ /~<// //j ATTEST:(I<(/~ ..C t. (;(ftJ~ . / LZ-<-t~~l ATTES}~:.~;..:..::Jj "" \ /j . I ~/~~ .~ \ ni Kelly D. Kelley, Vice-Preside t (Office or Position of Signer) (Office or Position of Signer) Bond Number: 929377145 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Kelley Trucking Inc. as Principal, hereinafter called Contractor, and Western Surety Company as Surety, licensed to do business as such in the State of Colorado, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, unto Eagle County, Colorado, as Obligee, hereinafter called Owner, III the penal sum of Thirteen Million Nine Hundred Ninety Eight Thousand Eight Hundred Sixty Five and No/lOa Dollars ($13,998,865.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, .5 0 q- t:?c'.;;{ 0-3 7 Contractor has by written agreement Contract Document No.L dated .S'ede-~ /2- , 2005 v entered into a contract with Eagle County, Colorado for Thirteen Million, Nine Hundred Ninety Eight Thousand, Eight Hundred Sixty Five Dollars and 00/100 Cents ($13,998,865.00), which contract, including any present or future amendment thereto, is incorporated herein by reference and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall promptly and faithfully perform said Contract including all duly authorized changes thereto, according to all the terms thereof, including those under which Contractor agrees to pay legally required wage rates including the prevailing hourly rate of wages in the locality, as determined by the Department of Labor and Industrial Relations or by final judicial determination, for each craft or type of workman required to execute the contract, and, further, shall defend, indemnify and hold the Owner harmless from all damages, loss and expense occasioned by any failure whatsoever of said Contractor and Surety to fully comply with and carry out each and every requirement of the contract, then this obligation shall be void; otherwise it shall remain in full force and effect. In the event that Contractor shall be and is declared by the Owner to be in default under the Contract, the Owner having performed its 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 for a contract between such bidder and the Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or 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 may be liable here under, the penal sum of the bond. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by the Owner to Contractor under the Contract and any amendments thereto, disbursed at the rate provided in the original contract, less the amount properly paid by the Owner to the Contractor. If the completion contract provides for more rapid payment than the Contract, then Surety shall advance such sums as are needed to make payment as provided in the completion contract and shall recover it from the Owner when payment from the Owner is due. WAIVER. The said surety, for value received, hereby expressly agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, shall in any wise affect the obligations of this bond; and it does hereby waive notice of any such change, extension of time, or alteration or addition to the terms of the contract or the work to be performed thereunder. ~ 5ri~ IN WITNESS WHEREOF, the above parties have executed this instrument, the 1.2 day of 2005. SIGNATURE OF PRINCIPAL (as applicable) (Signature of sole proprietor or general partner) B. Corporation / Name and address of Corporate Surety WESTERN SURETY COMPANY PO Box 5077 ACCEPTANCE BY The foregoing bond is approved. Date 9//J./t?J By . , I / The foregoing bond is in due form according to law and is approved. Date Cf / I.J- / P (- By -------L--- ..--.. { I , PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Kelley Trucking, Inc., as Principal, hereinafter called Contractor, and Western Surety COmpany as Surety, licensed to do business as such in the State of Colorado, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, unto Eagle County, Colorado, as Obligee, and hereinafter called Owner, m the penal sum of Thirteen Million Nine Hundred Ninety Eight Theusand Eight Hundred Sixty Five and No/IOO , Dollars ($ 13,998,865.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, 3 - o,i?- <> 0:< c -:5 7' Contractor has by written agreement Contract Document No.,L dated s~ A~/, /z , 2005 - , entered into a contract with Eagle County, Colorado for Thirteen Million, Nine Hundred Ninety Eight Thousand, Eight Hundred Sixty Five Dollars and 001100 Cents ($13,998,865.00), which contract, including any present or future amendment thereto, is incorporated herein by reference and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if in connection with the Contract including all duly authorized modifications thereto, prompt payment shall be made to all laborers, subcontractors, teamsters, truck drivers, owners or other suppliers of equipment employed on the job, and other claimants, for all labor performed in such work whether done for the prime contractor, a subcontractor, the Surety, a completion contractor or otherwise (at the full wage rates required by any law of the United States or of the State of Colorado, where applicable), for services furnished and consumed, for repairs on machinery, for equipment, tools, materials, lubricants, oil, gasoline, water, gas, power, light, heat, oil, telephone service, grain, hay, feed, coal, coke, groceries and foodstuffs, either consumed, rented, used ore reasonably required for use in connection with the construction of the work or in the performance of the Contract and all insurance premiums, both for compensation and for all other kinds of insurance on the work, for sales taxes and for royalties in connection with, or incidental to, the completion of the Contract, in all instances whether the claim be directly against the Contractor, against the Surety or its completion contractor, through a subcontractor or otherwise, and, further, if the Contractor shall defend, indemnify and hold Eagle County, Colorado harmless from all such claims, demands or suits by any such person or entity, then this obligation shall be void; otherwise it shall remain in full force and effect. Any conditions legally required to be included in a payment bond on this contract, including but not limited to those set out in the applicable Colorado state section of the Owner Charter, are included herein by reference. The Surety agrees that, in the event that the Contractor fails to make payment of the obligations covered by this bond, it will do so and, further, that within forty-five (45) days of receiving, at the address given below, a claim here under stating the amount claimed and the basis for the claim in reasonable detail, it (a) will send an answer to the claimant, with a copy to the Owner, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed and (b) will pay any amounts that are undisputed. The amount of this bond shall be reduced by and to the extent of any payment of payments made in good faith here under. While this bond is in force, it may be sued on at the instance of any party to whom any such payment is due, in the name of the Owner, to the use of such party. The Owner shall not be liable for the payment of any costs or expenses of any such suit. No suit shall be commenced or pursued here under other than in a state court of competent jurisdiction in Eagle, Colorado, or in the United States lOth District Court of Colorado. WAIVER. The said Surety, for value received, hereby expressly agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, shall in any wise affect the obligations of this bond, and it does hereby waive notice of any such change, extension of time, or alteration or addition to the terms of the contract or the work to be performed thereunder. IN WITNESS WHEREOF, the above parties have executed this instrument the /.l ,-,(day of 5"f/P~1 , 2005. SIGNATURE OF PRINCIPAL (as applicable) (Signature of sole proprietor or general partner) B. WESTERN SURETY COMPANY PO Box 5077 Dakota 57117 -::7= Joan ACCEPTANCE BY The foregoing bond is approved. Date 9/ !'>-/fJr- ,By The foregoing bond is in due form according to law and is approved. ~/!)./ tJj~ ~---- _. Date ,By NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies wl'itten by anyone or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, P A, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Douglas C Baesler, Joan C Armstrong, Kenneth D Thompson, Dell G Van Gilder Jr, Wendy A Olander, Individually of Denver, CO, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 28th day of January, 2005. 1jV'E S TERl~~T 0TTnD~'] C Q. Ivl P lk l\T )7 ~~"\~~R~~. o u l.\....~ i i. ~~""'-""(.\O1;., l~/~...,o,,"I;""~%. ~~~iOCVi"P=id~t g:i~ ('\)=1 ?s\\ ~E: ",,,/;;r! \~~~'~- State of South Dakota } ss County of Minnehaha On this 28th day of January, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the.seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +Cotc.,c.,"r",,,,,,,Io,c.,,,,,..,..,,,,,,,,,,c.,c.,c.,c.,,,,,,,,,,...c., + s s ~ D. KRELL ~ Ad ~YMli' November 30, 2006 ~~NOTARY PUBL.IC~~ s SOUTH DAKOTA s s s +...",...",..,c.,c.,,,,,,,,,,,,,,,,,,,c,,,,,,,,c.,c.,...c.,,,,...,,, + CERTIFICATE I, 1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of th" corpr;ratic.i1 print~:: on the reverse hereof is still in force. In testimony whereof! have hereunto subscribed my name and affixed the seal of the said corporation ,his day of ~},l~~~fo-~~..,. WESTERN SURETY COMPANY ~~~~W 0; ~.~ '<'~i;;iir;~'" '/.jl#~ L. Nelson, AsslStant Secretary Form F4280-0 1-02 Client#: i fRU ACORDTM CERTIFICA TE OF LIABILITY INSURANCE DATE (MM/DDIYY) 8/31/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway, Suite 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80203 303 837-8500 INSURERS AFFORDING COVERAGE INSURED Kelley Trucking Inc. INSURER B National Union Fire Ins. Co. (AIG) 6201 Mcintyre Street Golden, CO 80403 D: E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I POLICY NUMBER Pgk~<;t(~~5g~~ P%~iJ (~~J~~$\N LIMITS LTR, A ~ERAL LIABILITY I GL03757216-00 06/01/05 103/01/06 I EACH OCCURRENCE I $1 ,0QQJlOO I X [COiMERCIALGENERALLlABILlTY I I I FIRE DAMAGE (Anyone fire) 1$100,000 I , CLAIMS MADE W OCCUR 1$10,000 MED EXP (Anyone person) [j I I PERSONAL & ADV INJURY . $1 000,000 GENERAL AGGREGATE $2,000,000 i GEN'L AGGREGATE L1M IT APPLIES PER: I PRODUCTS - COMP/OP AGG $2,000,000 n POLICY [Xl j~T !Xl LOC ' I A L AUTOMOBILE LIABILITY BAP3757215-00 06/01/05 03/01/06 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS r ~ SCHEDULED AUTOS I BODILY INJURY $ (Per person) I I~I ""m 'COO, BODILY INJURY X NON.OWNED AUTOS (Per accident) $ PROPERTY DAMAGE 1$ (Per accident) I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ 1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY BE2911611 04/01/05 06/01/06 EACH OCCURRENCE $5,000,000 .=iJ OCCUR D CLAIMS MADE I AGGREGATE I I $5,000,000 h DEDUCTIBLE I I $ $ IX1 RETENTION $10 000 I $ A I WORKERS COMPENSATION AND WC3757214-00 06/01/05 103101100 X 11WC STATU- I IOTH- TORY LIMITS ER I EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPL OYEE $1,000,000 i I E.L. DISEASE - POLICY LIMIT . $1,000,000 I OTHER I I I i I I i ! I I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: AlP Project NO.3-08-0020-37 CERTIFICATE HOLDER i i AD DITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Eagle County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30.-DAYSWRITTEN Gypsum, CO 81637 NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFAfLURE TODOSOSHALL 1M POSE NO OB LIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER.ITS AGENTS OR REPRESENTATIVES. AUTjr;~;;;ES;$ L? ACORD 25-S (7/97}1 of 1 #S423572/M412554 ,- -...,.,- MKS @ ACORD CORPORATION 1988 NOTICE TO PROCEED NO. One TO:Kelley Trucking, Inc. DA TE: 9/I 5/05 6201 Mclntyre Street Golden, CO 80403 You are hereby authorized to proceed on this date, with the improvements addressed below to the Eagle County Regional Airport, AlP Project No. 3-08-0020-37, for Schedule I, Alternate Bid A: Grading and Drainage for the Future Runway 7/25 Extension, in accordance with the terms of the Contract Documents and your Contract Proposal. The work shall begin no later than ten calendar days after the date of this notice. Item No. Description Estimated Unit Unit Cost Total Cost Quantity P 100a Mobilization LS 12.5% $1,315,000 $164,000 P152a Embankment, Alt. A, Off Site Borrow CY P1S2c Unclassified Excavation CY D70la Install 12 Inch SDR 35 Sanitary Sewer LF D701b Install 18 Inch RCP, Cl. III LF D701c Install 24 Inch RCP, CI. III LF D701d Remove Existing 72 Inch CM, with LF Headwall D701e Remove Existing Sanitary Sewer Line LF D705a Install 6 Inch Perforated Underdrain, LF Complete D710a Install Type "M" Grouted Rock Riprap SY D751a Adjust Existing Sanitary Manhole EA D7S1b Construct Box Culvert LF Materials $659,000 D7S1c Install Box Culvert Inlet Structure EA D7S1d Install Box Culvert Outlet Structure EA D7S1 e Install Inlet/Manhole Type I Single EA 0751 f Install Sanitary Sewer Manhole EA D7S1g Remove Existing Sanitary Manholes EA D800a Install Retaining Wall Complete SF Materials $138,500 F162a Chain-Link Fence LF 8,700 $20.00 $174,000 F162b Install 24 Foot Double Swing Gate EA 3 $1,500.00 $4,500 F162c Remove Existing 8 Foot Electric Animal LF 5,150 $2.75 $14,162.50 Control Fence T90 1 a Install Erosion Control Blankets SY T901b Seeding With Hydromulch AC Ll 03a Remove/Reinstall Airport Light Towers EA CDOT304a Class 6 Road Base CY M606a Install Guardrail LF TOTAL $1,154,162.50 By: "')