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HomeMy WebLinkAboutC14-293 Maxwell Asphalt, Inc. t J CONTRACT AGREEMENT Eagle County Regional Airport Gypsum, Colorado AIP PROJECT NO. 3-08-0020-52 THIS AGREEMENT, made and entered into this day of , 2014,by and between Eagle County, Colorado, Party of the First Part, hereinafter referred to as the "Owner", and Maxwell Asphalt, Inc., Party of the Second Part, hereinafter referred to as the "Contractor," for the construction of airport improvement including Schedule I: Taxiway Pavement Maintenance and Schedule II: Runway Pavement Maintenance 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, 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." (q--26) ) I 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 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 Schedules I and II thereof to be nine hundred seventy six thousand, four hundred thirty two dollars and 00/100 cents ($976,432.00). 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 OWNTE' ' rty o e Fi / By: :y: (A/04d (Office or Position o Signer) (Office or Position of Signer) (SEAL) (S '4( 14 ATTEST: W f4/4 ATT T: CbtoM (Office or Position of Signer) (Office or Position of Signer) Bond No. 11109436 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Maxwell Asphalt, Inc., as Principal, hereinafter called Contractor, and The Guarnatee Company of North America, USA 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 nine hundred seventy six thousand, four hundred thirty two dollars and 00/100 cents ($976,432.00) 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 I: Taxiway Pavement Maintenance and Schedule II: Runway Pavement Maintenance, 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 Maxwell A :•'alt. Inc. ,game of Co •,rate Pri ipal Attest: X1/1//, Li U. .1.. By a - ( ffix seal)Mi ille,r- SIGNATURE OF SURETY Name and address of Corporate Surety The Guarantee Company of North America, USA 11075 So. State St., Suite 9-A, Sandy, UT 84070 By J" ` (seal) `lttorney in act(attach power of attorney) ACCEPTANCE BY The foregoing bond is approved. / Date ( 14 By The foregoing bond is in due form according to law and ' roved. Date a1 ( 1 By • Bond No. 11109436 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Maxwell Asphalt, Inc., as Principal, hereinafter called Contractor, and The Guarnatee Company of North America USA 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 nine hundred seventy six thousand, four hundred thirty two dollars and 00/100 cents ($976,432.00) 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 I: Taxiway Pavement Maintenance and Schedule II: Runway Pavement Maintenance, 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 Maxwell As i 1 Inc. N. of Co .orate Princip. _ . Attest:—5MARA, Ail� By _ - - (a fix seal) IIAARAP KA,' eci SIGNATURE OF SURETY Name and address of Corporate Surety The C=,uarantPa C.nmpany of Nnrth America, I ISA 11075 So. State St., Suite 9-A, Sandy, UT 84070 By (seal) Attorney in F ct(attach power of:ttornej) John Schlichte ACCEPTANCE BY The foregoing bond is approved. /1.51 Date >I By The foregoing bond is in due form according to la and is a d. Date U "l ( I (–) By i - I(TARA THE GUARANTEE COMPANY OF NORTH AMERICA USA NORTH AMERICA Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Michael Wade, Kim Payton, Deila Zeeh, Alan Lord, John Schlichte, Brian Rueckert Presidio Group, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315`day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 315`day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused E�r�,O this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 20th day tz, agNT * of October,2008. Jar THE GUARANTEE COMPANY OF NORTH AMERICA USA -vNakreitC". I STATE OF MICHIGAN Stephen Dullard,Vice President Randall Musselman,Secretary County of Oakland On this 20th day of October,2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee „ Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27,2012 �/J Acting in Oakland County itit.!'"4"-/ Q' I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITINESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 4th day of June, 2014 , �JP�ypNTE¢�,o� 4 0 ti ° Randall Musselman,Secretary -MAXASI OP ID: HB AIhiseC PRO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 06/16/2014 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 The Presidio Group,Inc. NHON:PHONE 5295 South 300 West #550 WC,No,Ext): (NC,No): Salt Lake City,UT 84107 ADDRESS: Alan W.Lord CRM,CIC,CWCA INSURER(S)AFFORDING COVERAGE NAIC R INSURER A:United Specialty Ins.Co INSURED Maxwell Asphalt Inc. INSURERB:Colorado Casualty Insurance 41785 PO Box 585 INSURER C:Nat'l Union Fire Ins.Co.PA 19445 Bountiful, UT 84011 INSURER D:Workers Compensation Fund 10033 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X BTO1416626 02/01/2014 02/01/2015 DAMAGET�RENT PREMISES(Ea occurED rence) $ 50,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ Excluded PERSONAL&ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY X PRO- 7 LOC $ - JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ,Ea accident) $ B X ANY AUTO BA2572025 02/01/2014 02/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED - AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (PER ACCIDENT) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 C X EXCESS LIAB CLAIMS-MADE BE018491097 02/01/2014 02/01/2015 AGGREGATE $ 8,000,000 DED I X RETENTION$ $ WORKERS COMPENSATION X TORY LIMITS I 0E4- AND EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N 1674538 06/20/2013 06/20/2014 E.L.EACH ACCIDENT $ 1 000 000 OFFICER/MEMBEREXCLUDED? NIA r (Mandatory in NH) E DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ 1,000,000 B Equipment Floater CBP2572028 02/01/2014 02/01/2015 Lease/Ren 50,000 Debt 500 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: AIP Project No. 3-08-0020-52 Eagle County, Colorado is shown as additional insured per form CG2037 attached. CERTIFICATE HOLDER CANCELLATION EAGLEC2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County,Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 850 Eagle,CO 81631 AUTHORIZED REPRESENTATIVE 411211-41-,I dcx' @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Organization(s): tions As per written contract Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage"caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑