HomeMy WebLinkAboutC11-331 Oshkosh Corporation CONTRACT AGREEMENT
Eagle County Regional Airport
Gypsum, Colorado
AIP PROJECT NO. 3-08-0020-47
THIS AGREEMENT, made and entered into this t 0 1-).. day of �
U �Ar , 2011, by and
between Eagle County, Colorado, Party of the First Part, hereinafter referred to as the "Owner ", and
Oshkosh Corporation, Party of the Second Part, hereinafter referred to as the "Contractor," for the
construction of airport improvement including:
Schedule I - Acquire New Class 4, 4 x 4, Aircraft Rescue & Fire Fighting (ARFF) Truck with
Agent Capacities of 1,500 Usable Gallons of Water and 200 Gallons of Aqueous Film Forming
Foam (AFFF); Schedule II - Additional Vehicle Options and Equipment; 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, Wage Rates, General Provisions, Special Provisions, 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.
C11 'D31
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 agrees to complete said work within 365 Calendar
Day(s). 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
$500.00 /Calendar Day(s) shall be paid to the Airport for that time which exceeds the number of
Calendar days allowed in this paragraph.
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.
The total estimated cost for AIP Project No. 3 -08- 0020 -47, Schedule(s) I & II thereof to be five
hundred seventy four thousand, four hundred and nineteen dollars and 00/100 cents
($574,419.00).
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
Os,_.,.•sh Cor•or -:.umb ft o` C l.{�4 . t Th ( * C:14 ,R,..
By:
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B / _ 1.......airien -P''
Jeff Resch - Vice President VI L
(Office or Position of Signer) (Office or Position of Signer)
(SEAL) (S '`
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ATTEST: ATTEST: .� _,:
,..,. ,,
. : Kern if - Executive Assistant
m: e or Position of Signer) (Office or Position of Signer)
PERFORMANCE BOND Bond No. 09047906
KNOW ALL MEN BY THESE PRESENTS: That Oshkosh Corporation, as Principal, hereinafter
called Contractor, and Fidelity and Deposit Company of Maryland as Surcty, 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, in the penal sum of five hundred seventy four thousand, four hundred
and nineteen dollars and 00/100 cents ($574,419.00) for the payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WH HRH AS,
Contractor has by written agreement, entered into a contract with Eagle County, Colorado for
Schedule I Acquire New Class 4, 4 x 4, Aircraft Rescue & Fire Fighting (ARFF) Truck with
Agent Capacities of 1,500 Usable Gallons of Water and 200 Gallons of Aqueous Film Forming
Foam (AFFF); and Schedule II Additional Vehicle Options and Equipment; 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 thc rate provided in thc 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.
Bond No. 09047906
No suit shall be commenced or pursued hereunder other than in a state court of competent jurisdiction
in Eagle County, Colorado, or in the United States District Court for the District 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 hond; 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 16th day of
September , 2011.
SIGNATURE OF PRINCIPAL (as applicable) - -
_
A. Individual, partnership or joint venture
(Signature of sole proprietor or gen. -
B. Corporation Oshkosh C • • or • io A. Al
17. • Drat- ruicipal
Attest: d UP 1 /0A B -71.17 Secretary (affix seal) Y J • ' , •Or / - • ' e President
SIGNATURE OF SURETY Name and address of Corporate Surety
Fidelity and Deposit Company of Maryland
1400 American Lane, Tower 1, Floor 13
Schaumburg, IL 60196
By ��LLe / 4 - seal
Attorney iiFact (attach power of atto ey)
Lucy A. Hantzsch; Attorney -in -Fact
ACCEPTANCE BY
The foregoin bond is approved.
3 ,.z• , ,.-• ----,
Date
° 11 II B
The foregoing bond is in due form according to law a 's a ved. `
Date 1 I I (ill By ./ -
PAYMENT BOND Bond No. 09047906
KNOW ALL MEN BY THESE PRESENTS: That Oshkosh Corporation, as Principal, hereinafter
called Contractor, and Fidelity and Deposit Company of Maryland as Surcty, 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, in the penal sum of five hundred seventy four thousand, four hundred
and nineteen dollars and 00 /100 cents ($574,419.00) for the payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WH F.RP :A
Contractor has by written agreement, entered into a contract with Eagle County, Colorado for
Schedule I Acquire New Class 4, 4 x 4, Aircraft Rescue & Fire Fighting (ARFF) Truck with
Agent Capacities of 1,500 Usable Gallons of Water and 200 Gallons of Aqueous Film Forming
Foam (AFFF); and Schedule II Additional Vehicle Options and Equipment; 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, hcat, oil, telephone service, grain, hay, fccd, coal, cokc, 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 he 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.
Bond No. 09047906
No suit shall be commenced or pursued hereunder other than in a state court of competent jurisdiction
in Eagle County, Colorado, or in the United States District Court for the District 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 16th day of
September , 2011.
SIGNATURE OF PRINCIPAL (as applicable)
A. Individual, partnership or joint venture _
(Signature of sole proprietor or gen-
B. Corporation Oshkosh C • • rat' %n
N. .e o . ate P'.cipal
/a/a/ B Attest: y
Secretary (affix seal) Jeff 'e' ` Vice 'resident
SIGNATURE OF SURETY Name and address of Corporate Surety
Fidelity and Deposit Company of Maryland
1400 American Lane, Tower 1, Floor 13
Schaumburg, IL 60196
By Lf
A/
Y C/ G V )
Attomey 4. Fact (attach power of a e . mey)
Lucy A. Hantzsch; Attorney -in -Fact
ACCEPTANCE BY
The foregoing bond is approved.
Date 1 l 111 B /
By
The foregoing bond is in due form according to law i .. oved/
Date
e � il tIII By
•
r
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Law t id Company, which are
set forth on the reverse side hereof and are hereby certified to be in full force and eff- t 61 IT -reof, does hereby
nominate, constitute and appoint Daniel J. SAPIRO, Daniel J. KWIE 1'� 'to . , Kathleen A.
CRARY, Tracy K. MATTHEWS, Cathy HUTSON, Lisa A , � � tN c 1 ; all of Milwaukee,
Wisconsin, EACH its true and lawful agent and At a - `r''.'ma ° . s aver, for and on its behalf
as surety, and as its act and deed: any bO 1 nde « xecution of such bonds or undertakings in
pursuance of these presents, sh. + +Q.+ + pon . + +� .y, • u ly and amply, to all intents and purposes, as if they
had been duly exec ti '► : +� n• • +gee r 1. •; :'n - ected officers of the Company at its office in Baltimore, Md., in
their own proper pe .1 'I is +� � + ti evokes that issued on behalf of Daniel J. SAPIRO, Daniel J.
KWIECINSKI, Wen 1JR = een A. CRARY, Tracy K. MATTHEWS, Cathy HUTSON, Lisa M. SLAKES,
dated August 7, 200 •
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of October,
A.D. 2008.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
?"'":*1"04 , DEPok,
c.
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4 'u +nr '..J I
By:
Gregory E. Murray Assistant Secretary Theodore G. Martinez
State of Maryland
ss:
Baltimore County
On this 7th day of October, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
t :.
+
4-26". fig c.t.
72
Dennis R. Hayden Notary Public
My Commission Expires: February 15, 2013
POA -F 184 -6514
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Pov'er of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this u day of - 442.1i-OZ.L- , t. , C% l/ .
J d
Assistant Secretary
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