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HomeMy WebLinkAboutC14-292 Pro Electrical Contractors, Inc. CONTRACT AGREEMENT Eagle County Regional Airport Gypsum, Colorado AIP PROJECT NO. 3-08-0020-52 THIS AGREEMENT, made and entered into this 1-) 4h day ofTunP, 2014, by and between Eagle County, Colorado, Party of the First Part, hereinafter referred to as the "Owner", and Pro Electrical Contractors, Inc., Party of the Second Part, hereinafter referred to as the "Contractor," for the construction of airport improvement including Schedule III: Install Runway Weather Information System 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. ARTICI.E 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. ARTICI.F. 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, 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." • ARTICT F. 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 agrees to complete said work within 30 calendar days. 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 identified in Section 80-08 shall be paid to the Airport for that time which exceeds the number of Calendar days allowed in this paragraph. In addition, compensation for expenses incurred for unscheduled employment of the Engineer, the construction manager, and each additional resident engineer plus any incurred expenses (per diem, lodging, etc.) will be charged to the Contractor for that time which exceeds the number of Calendar days identified in Section 80-08. Further, each phase of work under the project has additional liquidated damage clauses, as outlined in Section 80- 08 FAILURE TO COMPLETE ON TIME. The total estimated cost for AIP project #3-08-0020-52 Schedule III thereof to be three hundred thirty seven thousand dollars and 00/100 cents ($337,000.00). 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 Pro Flerh-ical CAA-rad-ors, By: B re S en ektki exn• (Office or Position of Signer) (Office or Position of Signer) (SEAL) (SEAL g z • ATTEST:` h ',' ;> � }t f•Cx A t • w SeCC-��-�1- �°��^• (Office orisition of Signer) (Office or Position of Signer) s Bond Number: 538666P PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: Pro Electrical Contractors, Inc., as Principal, hereinafter called Contractor, ancPevelopers Surety and Indemnity 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, in the penal sum of three hundred thirty seven thousand dollars and 00/100 cents ($337,000.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, entered into a contract with Eagle County, Colorado for Schedule III: Install Runway Weather Information System, 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 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 4th day of June ,2014. SIGNATURE OF PRINCIPAL (as applicable) A. Individual,partnership or joint venture (Signature of sole proprietor or general partner) B. Corporation .S6 ea n La vt .2 Name of Corporate Principal Attest: 2c „I h By -cretary(affix seal) SIGNATURE OF SURETY Name and address of Corporate Surety Developers Surety and Indemnity Company PO Box 19725, Irvine, CA 9262.3 By .&7/7)6N .0 0,12C,' (seal) Attorney in Fact(attach power of attorney) Leandra Ludlam ACCEPTANCE BY The foregoing bond is approved. Date lb-C1( (L'A By The foregoin bond is in due form according to law and is approved. Date By (I� Bond Number: 538666P PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Pro Electrical Contractors, Inc., as Principal, hereinafter called Contractor, and Developers Surety and Indemnity 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, in the penal sum of three hundred thirty seven thousand dollars and 00/100 cents ($337,000.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, Contractor has by written agreement, entered into a contract with Eagle County, Colorado for Schedule III: Install Runway Weather Information System, 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. 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 4th day of June ,2014. SIGNATURE OF PRINCIPAL(as applicable) A. Individual,partnership or joint venture (Signature of sole proprietor or general partner) B. Corporation � Shane Lance. Name of Corporate Principal / , Attest, ' 1U; � By cct�.-�- v1,- 13e tary(affix seal) SIGNATURE OF SURETY Name and address of Corporate Surety Developers Surety and Indemnity Company PO Box 19725, Irvine, CA 92623 By w _!t 4 I a - 4..k/ 4,- (seal) Attorney in Fact(attach ower of attorney) Leandra Ludlam ACCEPTANCE BY The foregoing bond is approved. Date 21 I Ill By L at---- The foregoing bond is in due form according to law and is approved. Date 42-1 (1t-i, By POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint ***Victor Pawley,Terry Kraft, Leandra Ludlam, Carrie Konakis, Kory Hill, Dawn Martin, Darren Hart, Chrystal Johnson,Janece L. Wilhelm, Sandra L. Hibler, Cherolyn K. Krieter,Jennifer Werbelow, Chalis Bremkamp, Kristy K. Stoddard, Candy Wilcox, Sharon Minske, Robin Hawley, Charlette Jennifer James, Diane R. Irwin,jointly or severally*** as its true and lawful Attomey(s)-in-Fact to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this May 23,2013. By: 7IIiIi11 _1OZ� ,,,,,tANO Danielung,Senior Vice President ' 77 to • p pRR F�Fy OCT 1-41. By: r4/ .(r a 49036 Gregg N.0 f ice-President =�; �•.,��;••,Iowa...;�.�,, State of California % County of Orange On May 23,2013 before me, Gina L.Garner,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Gregg N.Okura Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 4krdle+t capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of Lf GINA L.GARNER which the person(s)acted,executed the instrument COMM.#2021213 - ,"'NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph CALIFORNIA CALIFORNIA ORANGE COUNTY true and correct. is My Comm.expires May la.2017{L ►�,, WITNESS my hand and official seal. � � r, /41444,10t, Place Notary Seal Above Signature Gina L.Garner,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 4th day of June 2014 . By: Mark J.Lansdon,Assistant Secretary ID-1438(Rev.05/13) A`°R°0 CERTIFICATE OF LIABILITY INSURANCE . si4i2o1 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT Leandra Ludlam NAME: Colorado BW Insurance Agency, Inc. PHE NO.EJ: (970)243-9012 I(F AC, (970)241-8175 1211 North 7th Street E-MAIL leanra.ludlam @bankofthewest.com ADDRESS' d PO Box 4088 INSURER(S)AFFORDING COVERAGE NAIC S Grand Junction CO 81502 INSURERA:OhiO Security 24082 INSURED INSURERB:PeerleSS Indemnity Ins Co 18333 Pro Electrical Contractors Inc. INSURER C:Ohio Casualty 24074 P. O. Box 694 INSURER D:Pinnacol Assurance 41190 INSURER E: Cedaredge CO 81413 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 WC Renewal REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSR SyMD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (Mh1IDOfYYYY) (MMlDOfYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE I S l RENTED � I 3/25/2014 3/25/2015 PREMISES(Ea occurrence) $ 300,000 A CLAIM,.MADE X OCCUR X Y BKS55376887 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000_ ^1 POLICY n7 T n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B X ANY AUTO • BODILY INJURY(Per person) $ - ALL OWNED SCHEDULED BA6163607 3/25/2019 3/25/2015 BODILY (Per $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OVMIED PROPERTY DAMAGE $ AUTOS (Per accident) Uninsured Mctonst Ceveraoe $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 1,000,000 C - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTION$ 10,000 0S055376887 3/25/2014 3/25/2015 $ D WORKERS COMPENSATION Y X I TORY L TU— I NV- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE E EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? I I NJA 4081350 6/1/2019 6/1/2015 (Mandatory in NH) E .DISEASE-EA EMPLOYEE $ 500,000 If yes•describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space Is required) Project: A.I.P. #3-08-0020-52 Eagle County, Colorado is named as Additional Insured and granted a Waiver of Subrogation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County, Colorado ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 850 Eagle, CO 81631 AUTHORIZED REPRESENTATIVE Leandra Ludlam/GRJLL '-'"--"%--.7t, ` { ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005)01 The ACORD name and logo are registered marks of ACORD