HomeMy WebLinkAboutC07-082 Grant MillerCONTRACT AGREEMENT
Eagle County Regional Airport
Gypsum, Colorado
THIS AGREEMENT, made and entered into this Jday of % I < _�a_. v - , 2007, by and
between Eagle County, Colorado, Party of the First Part, hereinafter referred to as the "Owner" and
Grant Miller, Inc., Party of the Second Part, hereinafter referred to as the "Contractor," for the
construction of airport improvement including: Schedule 1: Construct Deicing Collection System,
Schedule IL Construct Overflow Detention Facility, 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 him/her 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 as 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,
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 65 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 exceeds the number of Calendar days
allowed in this paragraph.
The total estimated cost thereof to be six hundred seventy thousand five hundred eighty one dollars
and 00/100 cents ($670,581.00).
ARTICLE 7. The amount of money appropriated will be equal to or in excess of the contract amount as
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 purposed shall be considered as the original.
CONTRACTOR, Party of the Second Part OWNER, Party of the First Part
i >e N e 1� !
(Office or Position of Signer)
(SEAT.)
A"ITE ST:
(Office or Pos tion of Signer)
th`RB O •��or,/7 f/nrt .I,l ssi J''Qyv
B
(Office or Position of Si er)
i
STATE OF COLORADO
CERTIFICATION AND AFFIDAVIT
REGARDING ILLEGAL ALIENS
The Vendor, whose name and signature appear below, certifies and agrees as follows:
The Vendor shall comply with the provisions of CRS 8-17.5-101 et seq. The Vendor shall not
knowingly employ or contract with an illegal alien to perform work for the State or enter into a
contract with a subcontractor that knowingly employs or contracts with an illegal alien.
2. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any
illegal aliens, through participation in the Basic Pilot Employment Verification Program
administered by the Social Security Administration and Department of Homeland Security, and
(ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b).
3. The Vendor shall comply with all reasonable requests made in the course of an investigation
under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. If the Vendor
fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the State may
terminate work for breach and the Vendor shall be liable for actual and consequential damages to
the State.
4. If the Vendor is a sole proprietor, the undersigned hereby swears or affirms under penalty of
perjury under the laws of the State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I am a sole proprietor entering
into a contract to perform work for the State of Colorado. I understand that state law requires me
to provide proof that I am lawfully present in the United States prior to starting work for the
State. I further acknowledge that I will comply with the requirements of CRS 24-76.5-101 et seq.
and will produce the required form of identification prior to starting work. I acknowledge that
making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is
punishable under the criminal laws of Colorado as perjury in the second degree under CRS 18-8-
503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently
received.
CERTIFIED and AGREED to this day of �, 200
VENDOR:
akiv�t l I
(Vendor Fu 1 egal Name)
BY:
A i gna-fure4V
4thorize Representative
_JP - Pg 4
FEIN or Social Security Number
Bond No. S355039
PERFORMANCE BOND
KNOW hl.l. MEN BY THESE PRESENTS, That Grant Miller, Enc„ as Principal, hereinattet called
Contractor, and Employers Mutual Casualty Company _ as Surety, licensed to do
business as such in the State of Colorado, hereby bind themselves and their respective heirs, executers,
administrators, successors, and assigns, unto Nagle County, Colorado, as Obligee, hereittaltcr called
Owner, in the penal aunt of
-Six Hundred Seventy Thousand Five Hundred Eighty One & No[100------------------------------
------------------------------------------------------ Dollars ($ 670,581.00
for
the payment whereof Contractor and Surety bind themselves, thein heirs, executors, administrators,
successors and assigns, jointly and severally, by these presents.
WHEREAS,
Contractor has by written agreement Contract Document No. dated 2007
entered into a contract with hagle County, Colorado for six hundred seventy thousand five hundred
eighty one dollars and 00/100 cents ($670,5$1.00), which contract, including any present or future
amendment thereto, is incorporated herein by reference and is hereinafter referred to as the Contract.
NOW, TH6-RE -ORIr, TIIL CONDITION OF THIS OBLIGATION rs such that, if the Contractor shall
promptly and faith:Etilly 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 waxc 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 trach craft or type of workman .required to
execute the contract, and, further, shall defend, tndemntfy 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 requitement 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 bythe fawner to be m default under the Contract, the:
Owncr having performed its obligations thereunder, the Surety may promptly remedy the default, or shall
promptly
1) Complete the contract in accordance with its tennis and conditions, or
2) Obtain a hid 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 Owncr and the Surety Jointly of the lowest. resrtans ible bidder, arrange for a contract between such
bidder and the fawner, and make available as Work progresses (even though there should be a default ora
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 pricer but not exceeding,
including other costs and damages for which the Surely 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 pard 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 arc needed to make payment as provided in t.hc cornpleiion eoniract and shall recover it from the
Owner when payment from the Owner is due.
Construct Deicing Collection System, Schedule 1
Construct Overflow Detention Facility
WAIVER. 1 he said surety, for value received, hereby r:xpiv,,o ly agrees that no change, extension of toric,
altcrdtion or addition to the terms of the contract or to the work to he performed thereunder, shall in any
wise affect the obligations of this boru1: and it does; hereby waive notice of any Such change, extension of
titin or alteration ot addition to the i.crrrls of* the contract or the work to be perfornned thereunder.
rN WITNF..SS WHRRF.C)F, the above parncs have executed this; instrument the day of
, 2007
SIGNATURE OF PRTNCTPAL (as applicab1c)
A. Tnclivirhial, partnr:rship or joint venture
B. Corporation
Secretary (affix seal)
SaATURE OF SURETY
AC.'CF PTANCF BY
The fon:kutng bond is approved.
Date
(5i;n,tur a ,ulc prvpnctor or gcneral Par ncr)
1
Grant Miller. Inc.
Namc of C'orporjte Principal
By.
Its:
Name and address of Corporate Surety
Employers Mutual Casualty Company
P.O. BOX
Des Moines, IA 50303-0712
Ti _4��seal
Attomcy t ct a nvcr o attorney')
Di.Lynn Cuern
BY.
The foregoing bond is in due form according to law arid is apprtivcd.
Date I By
Bond No. 5355039
PAYMENT ROND
KNOW ALL MEN BY THESE PRESENTS: That Grant Miller, file., as Principal, hereinafter called
Contractor, and nai tv coas Surety, htenscd to do
bustncss as such in the Statc of Colorado, hereby bind themselves and their respective heirs, executors,
administrators, successors, and assigns, unto Eagle County, Colondclo, as Obligee, and hereinafter called
Owner, to the penal sum of
Sia Hundred Seventy Thousand. Fives Fhmdrvd izigbM One &_N ------
----------------------------------------------------------- , Dollars (`g 670,581.00 )
fa the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigms, jointly and severally, Firmly by these prescrits.
WREREAS,
Contractor has by written agrecmcnt Contract Document Noelated , 2007
entered into a contract with Eagle County, Colorado for six hundred seventy thousand rive hundred
eighty one dollars and 00/100 cents ($670,581.00), which contract, includirig any present or future
amendment thereto, is incorporated herein by reference and is hcncinafter referred to as the Contract.
NOW, T-JrRldrOPr, THE CONO'MON OF THIS 0131-10ATION is such that, if in connection with the
Contract including all duly authorized modifications thuTutu, prompt payment shall be made to all
laborers, subcontractors, teamsters, truck drivers, owners or other suppliers of equ,pmcnt 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 contnrctor or otherwise (at tilt full wage rates required by any law
ofthe'(Jnitcd States or of the State. of Colorado, where applicable), for services furnitihcd 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,
mated, used ore; reasonably required for use in connection with the construction of the work or in the
performance of the Contract and all insurance prcnuums, both for cornpero abon 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 Conti -actor, against the Surety or
its completion contractor, through a subcontractor or otherwise, and, further, if the Contractor shall
defend, indemnify and hold r3gle County, Colorado harmless troin all such claims, demands or suits by
any such person or entity, then this obligation shall be void; otherwise it sliall remain in full force and
effect
Any conditions legally required to he included in a payment bond on this contract, including but not
limited to those tict (stat in the applicable Colorado state section of the Owner Chatter, ary included herein
by reference.
The Surety agrees that, in the event that. the Contractor fails to make payment of the obligations cxivcrcd
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 elairned and the basis for the claim hi reasonable detail, it
(n) 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 Day any amounts that are
undisputed. The amount of this honed shall be reduced by and to the extent of any payment iif payments
anile in gourd faith hcrc under.
Construct Deicing Collection System, Schedule 1
Construct Overflow Detention Facility
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 C hvner shall not be liable for the payment of
any costs or expenses orf any such `nit.
No suit shall be commenced or pursued here under other than in a state court of competent jurisdiction in
Eagle, Colorado, of in the I lnitud Slittcs 101h Vi strict Court of Colorado,
WAVEii. The said Surety, for value received, hereby expres.,ly agrees that no change, extension of'
time, alteration or addition lu the (c erns of the Contract or to the work to be perffirrned thereunder, Shall in
any wise affoct 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 perfbrmed
thereunder.
IN WITNESS WHEREOF, the above partic^c htivc executed this instrument the "�� day of.'
`19%? cl-4 , 2007.
SIGNATURE OF PRINCIPAL_ a! applicable)
A. Individual, partnership or joint venture
R. Corporation
Attest:
Secietary(allix Sari)
SIGNATURE OF SURETY
ACUPTANCF BY
The forcgcim� bond is approved.
Date
BY
(Signature of a pmrrieloi or 'Mcral partner) 7
4
Grant Hiller, Inc.
Nurnc of Corporate Frincip f
r3y
Name and address of Corporate Surety
Employers Mutual Casualty Company
P.O. Bog 712
Des "l, IA 503 -0 12
Bseal )
ocy in Fat
ttntVtnt(adaq > w • of attorney)
DiLynn Gue
The Porcgoing bond is in due form according to law and is approved.
1.)a tc , BY
Client#: 52710
8GRANMII
ACORDT. CERTIFICATE OF LIABILITY INSURANCE
02/20/ 07 "`)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH of Colorado
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
720 S. Colorado Blvd Ste 600 N
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 469025
POLICY EXPIRATION
T
Denver, CO 80246-9025
INSURERS AFFORDING COVERAGE NAIC #
INSURED
GrantMiller,23558 Inc.
P.O. Box 23
Silverthorne, CO 80498
INSURER A: Bituminous Casualty Corp 20095
INSURER B: Pinnacol Assurance 10780
INSURER C:
INSURER D:
INSURER 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.
LTR
N R
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
T Y
POLICY EXPIRATION
T
LIMITS
A
GENERAL LIABILITY
CLP3230239
07/01/06
07/01/07
EACH OCCURRENCE $1.000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED $100,000
CLAIMS MADE 51OCCUR
_
MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $1,000,000
AI GL -4382
12/04
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGO s2,000,000
X LOC
POLICY JEa
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
CAP3506275
07/01/06
07/01/07
COMBINED SINGLE LIMIT $1,000,000
(Ea accident)
BODILY INJURY
(Per person) $
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY E
(Per accident)
X
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
A
EXCESS/UMBRELLA LIABILITY
CUP2578976
07/01/06
07/01/07
EACH OCCURRENCE $2000,000,
X OCCUR a CLAIMS MADE
_ _ _
AGGREGATE s2,000,000
$
$
DEDUCTIBLE
$
X RETENTION $10,0 0
B
WORKERS COMPENSATION AND
2151880
07/01/06
07/01/07
WC CRYSTATU- 7FIR
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE - EA EMPLOYEE $1,000,000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT 1$1,000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project Description: De -Ice Pad
The following are Additional Insureds as respects General Liability only
if required by written contract and coverage applies only as respects
(See Attached Descriptions)
Eagle County Regional Airport
0219 Eldon Wilson Road
Administration Building
Gypsum, CO 81637-9723
laO1z
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL sn* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVE
l Of 0 iFJ0l0401/M4/L3Ua SUMAU v M%,Vr%U %,UrcrVMMIIVP# IV00
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001/08) 2 of 3 #S516461/M472303
DESCRIPTIONS (Continued from Page 1)
work performed by the Insured for the Additional Insureds. All coverage
terms, conditions and exclusions of the policy apply.
The following are Additional Insureds on the Automobile Liability only to
the extent they meet the definition of an insured in the policy, which
provides in pertinent part that an insured includes anyone liable for the
conduct of another insured but only to the extent of that liability.
All coverage terms, conditions and exclusions of the policy apply.
Consult the policy to determine the extent of coverage, if any.
Additional Insureds: Eagle County Regional Airport.
The General Liability coverage is Primary per the
policy terms & conditions only if required by written contract.
The Workers' Compensation policy includes a Waiver of Subrogation in
favor of the Additional Insureds only if required by written contract.
The Additional Insured endorsement which is referenced above under "Type
of Insurance -General Liability" is attached.
" The following cancellation conditions always apply:
- 10 days for non-payment of premium
- If policy shown, 10 days for Workers' Compensation for fraud;
material misrepresentation; non-payment of premium; other reasons
approved by the Commissioner of Insurance
AMS 25.3 (2001/08) 3 of 3 #S516461/M472303
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ADDITIONAL INSURED ENDORSEMENT - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SECTION II - WHO IS AN INSURED is amended to include:
Any "owner", "contractor", "construction manager", "engineer" or "architect" if it is required in your written
contract or written agreement executed by you and all other parties to the contract or agreement prior to
any loss that such person(s) or organization(s) be added as an additional insured on your policy for
completed operations but only for the project designated in your written contract or written agreement
and only with respect to "bodily injury" or "property damage" included in the "products -completed
operations hazard" and caused, at least in part, by your negligence and with respect to liability resulting
from:
A. "Your work" performed for the additional insured(s), or
B. Acts or omissions of the additional insured(s) in connection with their general supervision of "your
work".
With respect to the insurance afforded such additional insureds in connection with this endorsement and
the above referenced Commercial General Liability Form, the following additional provisions apply to limit
that coverage:
We will have no duty to defend the additional insured against any "suit" seeking damages for "bodily
injury" or "property damage" until we receive written notice from the additional insured requesting
that we defend it in the "suit."
2. The Limits of Insurance applicable to the additional insureds under this endorsement are the
- --minimum-limits specified iri-the written contractor agreement requiring this coverage, or as stated in—
SECTION III - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE
FORM, whichever is less. These Limits of Insurance are inclusive of and not in addition to the
Limits of Insurance described in SECTION III of that form.
3. As additional conditions of coverage under this form, an additional insured under this endorsement
will as soon as practicable:
a. Give written notice to us of an "occurrence" which may result in a claim. This shall include:
(1) How, when and where the "occurrence" took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence".
b. Give written notice to us of a claim or "suit" brought against the additional insured including
specifics of the claim or "suit" and the date it was received.
c. Give written notice of such claim or "suit," including a demand for defense and indemnity, to
any other insurer who had coverage for the claim or "suit" under its policy(ies), either at the
time of, or at any time subsequent to the occurrence of the "bodily injury" or "property damage"
which is the basis for such claims or "suit."
(1) Such notification must demand the full coverage available under that policy; and
GL -4382 (12/04) -1-
(2) The additional insured shall not take any action to waive or limit such other coverage
available to it.
4. This insurance does not apply to:
a. "Bodily injury" or "property damage" resulting from any act or omission of the additional
insured(s) or any of their employees, other than the general supervision of work performed for
the additional insured(s) by you;
b. "Bodily injury" or "property damage" resulting from "your work" performed on a project where
other valid and collectible insurance is available to the additional insured under an Owner
Controlled Insurance Program or Consolidated (wrap-up) Insurance Program;
c. "Bodily injury" or "property damage"
(1) In connection with a project where "your work" on the project was completed prior to the
effective date of this policy, unless the written contract or written agreement includes a
specific time requirement for completed operations coverage to be provided by you for the
additional insured for "bodily injury" or "property damage" occurring 'during the policy
period.
(2) In connection with a project where "your work" on the project was completed and where
the duration of the additional insured coverage requirement in the written contract or
written agreement governing "your work" on that project had expired by the time that the
injury or damage first occurred.
(3) In connection with a project where "your work" on the project was completed more than
thirty six (36) months prior to the effective date of this policy.
For the purpose of this endorsement, "your work" will be deemed completed as set forth in the
"products -completed operations hazard" definition.
-- -- - -d.--"Bodily injury" or"property damage%-- — - - - — - -- — - -- -- - — --- — -- - --
(1) Arising out of the rendering or failure to render any professional services by any
insured, or on their behalf, but only with respect to either or both of the following
operations;
(a) Providing engineering, architectural or surveying services to others in the
insured's capacity as an engineer, architect or surveyor, and
(b) Providing, or hiring independent professionals to provide, engineering,
architectural or surveying services in connection with work the insured
performs.
(2) Subject to paragraph (3) below, professional services include:
(a) The preparing, approving or failing to prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders, change orders, or drawings and
specifications; and
(b) Supervisory or inspection activities performed as part of any related
architectural or engineering activities, but does not include the general
supervision of your operations on such project.
GL -4382 (12/04) -2-
(3) Professional services do not include services within construction means, methods,
techniques, sequences and procedures employed by you in connection with your
operations as a construction contractor.
For the purpose of this endorsement, the following definitions are added:
"Owner" means a person or organization who has ownership in the project premises designated
in your written contract or written agreement, at which you are performing or performed work.
"Contractor" means a person or organization with whom you have agreed in a written contract or
written agreement to perform work for at the project designated in the written contract or written
agreement.
"Construction Manager" means a person or organization designated as "construction manager" in
your written contract or written agreement, and has management or supervisory responsibilities
over "your work" for the project designated in the written contract or written agreement.
"Engineer" means a person or organization who has been engaged by the "owner", "contractor" or
"construction manager" to perform engineering services for the project designated in your written
contract or written agreement and has a contractual responsibility for supervising, directing or
controlling "your work' on such project.
"Architect" means a person or organization who has been engaged by the 'owner', "contractor" or
"construction manager" to perform architectural services for the project designated in your written
contract or written agreement and has a contractual responsibility for supervising, directing or
controlling "your work" on such project.
Any coverage provided herein will be excess over any other valid and collectable insurance available to the
additional insured(s) whether primary, excess, contingent or on any other basis unless you have agreed in a
written contract or written agreement executed prior to any loss that this insurance will be primary. However,
any insurance specifically purchased for a designated project(s), including but not limited to additional
insured coverage, owners contractors protective coverage, etc., will be primary with the insurance provided
----------by this- endorsement being -excess.---If this insurance is determined to be- primary; -we-agree not -to -seek --
contribution from such other insurance only if you have so agreed in the written contract or written
agreement.
In no event will any coverage provided under this endorsement extend beyond the expiration date of this
policy.
GL -4382 (12104) -3-
431
432 CONTRACT PROPOSAL
t+i
434 TO: Eagle County Regional Airport
435 Gypsum, Colorado
436
437 1 _ The undersigned hereby certifies that they have examined the form of contract, plans and
438 specifications and other associated Contract Documents for the improvement of Eagle County
439 Regional Airport. The undersigned further certifies that he/she has examined the site of the work,
440 has determined for himself/herself the conditions affecting the work and subject to acceptance of
441 the proposal, agrees to provide at his/her expense, all
442 P labor, insurance, superintendence,
machinery, plant, equipment, tools, apparatus, appliances, and means of construction, and all
443 materials and supplies complete the entire work, including work incidental thereto, in
444 conformance with the plans, specifications, and associated contract documents.
445
446 2. The undersigned acknowledges that the Contract Documents consist of the advertisement,
447 invitation for bid, instruction to bidders, all issued addenda, proposal, statement of qualifications,
a4s anticipated sub -contracts, form of proposal guaranty,
ntrct agreement,
449 performance and payment bonds, notice to proceed, notice of ce o ntr ctor'sf award,cs ttlementt, general
450 provisions, special provisions, plans, technical specifications, attached appendices and referenced
451 documents.
452
453 3. The undersigned, in compliance with your Invitation for Bids dated January 2, 2007, hereby
454 proposes to do the work called for in said contract and specifications and shown on said plans and
455 to furnish all materials, tools, labor, and all appliances and appurtenances necessary for the said
456 %work at the following at the following rates and prices:
457
453 Bid Spreadsheet begin on pie 2-17
459 `nom
460 TOTAL BID (Base Bid) — d
461 — — --- --
462 TOTAL, BID IN WORDS11(
463 / ✓�/ '---t'=T�—.IC ��
464
466 4. The undersigned understands that the above quantities of work to be done are approximate only
467 and are intended principally to serve as a guide in evaluating the bids.
468
469 5
470
471
472
473
474
475
4-,h
477
4 7s
,11)
Oso
481
482
483
484
485
The undersigned agree upon written notice of the acceptance of this bid, that s/he will execute the
contract within thirty (30) days, in accordance with the bid as accepted and give contract
(Performance and Payment) bond on attached forms within ten (10) days after the prescribed
forms are presented for signature.
6. The undersigned further agrees that if awarded the contract, s/he will commence the work within
ten (10) calendar days after the receipt of a notice to proceed and that s/he will complete the work
within 65 Calendar days after the notice to proceed. No work may be done when the temperature
is below 40 degrees Fahrenheit, except at the discretion of the engineer. An extension of time may
be allowed when extra or additional work is ordered by the engineer. Liquidated damages in the
Amount of 51,500.00 Calendar day �- $1,350.00,/Calendar day for Construction Management
Services will be charged for that time which exceeds the number of Calendar days allowed in this
paragraph.
Issued for Bid
Eagle County Regional Airport
Division 2-1
January 2, 2007
486 7. As an evidence of good faith in submitting this proposal, the undersigned encloses a certified
487 check or bid bond in the amount of dollars
488 ($ )which, in case the undersigned refuses or fails to accept an award and to
489 enter into a contract and file the required bonds within the prescribed time, shall be forfeited to the
490 Eagle County Regional Airport, Gypsum, Colorado, as liquidated damages.
491
492 8. The undersigned hereby declares that the only parties interested in this proposal are named herein,
493 that this proposal is made without collusion with any other person, or corporation. That no
494 member of the council, officer or agent of Eagle County, Colorado, is directly or indirectly
495 financially interested in this bid.
496
497 9. The undersigned acknowledges receipt of the following Addendums:
498
499 Addendum No. Date Received
500 Addendum No. Date Received
501 Addendum No, Date Received
502 Addendum No. — Date Received
503 Addendum No. Date Received
504
505 SIGNATURE OF BIDDER:
506
507 By r,
508 Name and Title of Authorized gent
509
510
511
ne of Company
512Y
513 -4el
514 Address of Comnanv
Issued for Bid
Eagle County Regional Airport
Division 2-2
January 2, 2007
579
silo
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
6o1
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
630
631
63?
63?
t
CONTRACTOR INFORMATION
1. Name of Bidder!Contraetor:L--� --V—)%�'
2. Type of Business Entity:
NOTE: If bidder is partnership or joint venture, give full names of all partners or joint
ventures. Bid must be signed by all Joint Ventures. If bidder is a limited liability company, bid
must be signed by an authorized manager (may be signed by member -manager if LLC is
organized to allow management by members).
3. Address of Contractor:,-_
4. Telephone ax: E-mail:_���
5. Established where and when:
6. Contractor's Banking Information:
7, Principal Officers of Contractor (managers and members if LLC):
Name: k-1 Name:
Title:G. title: --- --
Name: Name: --—
Title: Title:
Name: '� �,� _ Name:
Title: �%��--��T1tle:
Biddcr's Contractors state of incorporation (state of organization if an LLC or Partnership):
9. Bidder's Surety:
10. Surety's State of Incorporation: J
Issued for Bid Division 2-5 January 2, 2007
Eagle County Regional Airport
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
11. Name and Address of person to receive payments:'/
12. If the Bidder/Contractor is a Joint Venture, it shall attach a certified copy of the Joint Venture
Agreement. The Joint Venture Agreement will not be included as part of the Contract
Documents.
13. The Bidder/Contractor shall identify all applicable labor agreements (if any) to be used in the
performance of the work:
Issued for Bid
Eagle County Regional Airport
Division 2-6
C
January 2, 2007 4
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661 CERTIFICATION OF NONSEGREGATED FACILITIES
662
66, The Federally -assisted construction contractor certifies that he will not maintain or provide, for his
6F,4 employees, any segregated facilities at any of his establishments and that he does not permit his
665 employees to perform their services at any location, under his control, where segregated facilities are
666 maintained. The Federally assisted construction contractor certifies that he will not maintain or provide,
667 for his employees, segregated facilities at any of his establishments and that he will not permit his
668 employees to perform their services at any location under his control where segregated facilities are
669 maintained. "The Federally assisted construction contractor agrees that a breach of this certification is a
670 violation of the Equal Opportunity Clause in his contract.
671
672 As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
673 restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage
6741 or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and
675 housing facilities provided for employees which are segregated on a basis of race, color, religion, or
676 national origin because of habit, local custom, or any other reason. The Federally -assisted construction
677 contractor agrees that (except where he has obtained identical certifications from proposed subcontractors
678 for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the
679 award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal
680 Opportunity Clause and that he will retain such certifications in his files.
68t
682
683
684
Date:
685
686
687 Company
688
689
690
691 thorized Agent (print)
692
693 r .re An o ed r
Issued for Bid Division 2-9 January 2, 2007
Eagle Cowrty Regional Airport
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
EQUAL EMPLOYMENT OPPORTUNITY REPORT STATEMENT
Each bidder shall complete and sign the Equal Employment Opportunity Report Statement. A bid
may be considered unresponsive and may be rejected, in the Owner's sole discretion, if the bidder fails
to provide the fully executed statement or fails to furnish the required data. The bidder shall also,
prior to award, furnish such other pertinent information regarding its own employment policies and
practices as well as those of its proposed subcontractors as the FAA, the Owner, or the Executive Vice
Chairman of the President's Committee may require.
The bidder shall furnish similar statements executed by each of its first-tier and second-tier
subcontractors and shall obtain similar compliance by each subcontractor, before awarding
subcontracts. No subcontract shall be awarded to any non -complying subcontractor.
Equal Employment Opportunity Report Statement
As Required in 41 CFR 60-1.7(b)
The bidder shall complete the following statements by checking the appropriate blanks. Failure to
complete these blanks may be grounds for rejection of the bid:
I . The Bidder has has not developed and has on file at each establishment affirmative
action programsursuant to 41 CFR 60-1.40 and 41 CFR 60-2.
2. The Bidder has has not _ participated in any previous contract or subcontract subject to the
equal opportuni clause prescribed by Executive order 11246, as amended.
3. The Bidder has has not filed with the Joint Reporting Committee the annual compliance
report on Standard Form 10 (EEO- I Report).
4. The Bidder Does
Is.Sued for 3id
Eagle County Regional Airport
does not employ fifty or more employees.
Date:
Division 2-11
_ _�Company�i
January 2, 2007
773 BUY AMERICAN CERTIFICATE
774 (JAN 1991)
77ti
77o By submitting a bid/proposal under this solicitation, except for those items listed by the bidder below or
777 on a separate and clearly identified attachment to this bid/proposal, the bidder certifies that steel and each
778 manufactured product, is produced in the United States (as defined in the clause Buy American - Steel
779 and Manufactured Products or Buy American — Steel and Manufactured Products for Construction
780 Contracts) and that components of unknown origin are considered to have been produced or manufactured
791 outside the United States.
7s2
7a3 Bidders may obtain from Eagle County, Colorado lists of articles, materials, and supplies excepted from
784 this provision.
78s
786
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788
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790
79(
792
793
794
795
796
797
793
799
800)
PRODUCT COUNTRY OF ORIGIN
Issued tier Bid
Eagle County Regional Airport
Date:
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Division 2-15
Januar, 2, 7007
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`AMEMCInsurance Companies
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P.O. Box 7'F2 ►Des Moines, IA 50303-0712No. 694358
CERTIFICATE: OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. EmployersMutual Casualty. Company; an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation
4, Illinois EMCASCO insurance Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does; by these presents, make, constitute and appoint'.
KEVIN W. MCMAHON, FRANK C. PENN, JAMES S ROSULEK TIFFANY'MCGfONIGLE DONALD E. APPLEBY,, FLORIETTA ACOSTA,
KRISTEN L. MCCORMICK, DILYNN GUERN SUSAN J. LATTARULO, J.R RICHARDS, 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:
ANY AND ALL BONDS
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers ofeach such Company, and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority yhereby granted shad expire
_ �April 1, 2009
, 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 a
regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint attorneys -in -fact: and authorize them to execute on behalf of each 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 attomey-in-fact at any, time and revoke
the power and authority given to him or her. 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 to 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 attomey in -fact shalt 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 mechanieaAy reproduced signature of such officer, whethermade heretotore or hereafter, wherever appearing upon a
certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed',
IN 18gESS WHEREOF, the Co res have caused these Ws to be signed for each by their officers as shown, and the Corporate- seals to be hereto affixed this
utrr day of Ma 11 _ �,'I '.
Seals '" "' _ _
Bruce G. Kelley, C airman J re S.6irdste
ca trasu`H�ecn ty s e ;, y� Y Y
��� ��P ,,.•, �' �� tis of Companies 2, 3, 4, 5 & 6; resident Assistant Secretary
°R`o`'%.t. �a� d �p°oR4j s ofCompany l Vice Chairman and
, ' v CE0 of Company 7
o SEALi - 1863 5 1953 <
b I)WA .. .
' «. QWA 41 • Iowa
.. On this 30th day March AD 2006 before me a
AVC,, ��s ° q y ��� o ; ;,1 rq for Notary Public in and the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S.
`�R° o� a P�RQr aRa �� = Bkdsley, who, being by me. duly swom, did say that they are, and are known to me to be the
1 Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary,respectively,of
SEAL ? d SEAL SEAQ, -o each of The Companies above; that the seats affixed to this instrument are the sals of aid
corporations, that said instrument was signed and seated on behalf of each of the Companies
by authority of their respective Boards of Directors, and !hat the said Bruce G. Kelley and
Pffrey S. 5rdsiey, as such officers, acknowledge the execution of said instrument to be the
A rN �, votuotary act and deed of each of the Companies,
t1TUq My Commission Expires No ber 1, 2008,
PATRICIA A. WRIGHTN� C /1
Commission Number 176255 c3/Z
My comm, Nov. 7.D88Notary Public in and for the State of Iowa
CERTIFICATE
i, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
Companies, md this P bf_Aftorne 'ssu dl a want thoreto o March 30, 2006
on behalf of evin w. Mc a on;1-ranK . Fent, acnes . u , t y i , ,
ars true and correct and are still in full force and effect.' Kristen L. McCormick, Dilynn Guern, Susan di Lattarulo, J.P. Richards
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 24th day of _ Janu_ary _ 2007
__ Vice -Pres
