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HomeMy WebLinkAboutC05-247 Concrete Works of Colorado\/ 0M CONTRACT AGREEMENT Eagle County Regional Airport Gypsum, Colorado AIP PROJECT NO. 3-08-0020-36 THIS AGREEMENT, made and entered into this 30 day of , 2005 by and between Eagle County, Colorado, Party of the First Part, hereinafter referred to as the "Owner". and Concrete Works of Colorado, Inc., Party of the Second Part, hereinafter referred to as the "Contractor", for the construction of airport improvement including: Schedule I: Apron Rehabilitation, 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." 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. V 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 20 Calendar days after the notice to proceed. Extensions of the Contract time may only be permitted execution of a formal modification to Contract Agreement as approved by the Owner. Liquidated damages in the amount of $1,500.00 / Calendar day will be charged for that time which exceed the number of Calendar days allowed in this paragraph. The total estimated cost for AIP project # 3-08-0020-36 thereof to be Two Hundred Eighteen Thousand Seven Hundred Dollars and 00/100 Cents ($218,700.00). 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 C N R, Party of the First Part By. Rte q 'BwaSttM �tct✓ Pt�s,o�.t-r (Office or Position of Signer) (SEAL) (Office or Position of Signer) (SEAL) ATTEST: 7/ Q ATTEST: w o ai oton� (Office or Position of Signer) (Office r Position of Signer) Flood &Peterson Insurance. Inc. PERFORMANCE AND PAYMENT BOND SURETY AUTHORIZATION August 18, 2005 Eagle County Regional Airport 0219 Eldon Wilson Rd Gypsum, CO 81631 Re: Concrete Works of Colorado, Inc. AIP Project No. 3-08-0020-36 Eagle County Regional Airport Improvements Bond No.34BCSDE4687 To Whom It May Concern: Phone: 720.977.7110 Fax: 720.977.71 13 9351 Grant Street, Suite 600 Denver, Colorado 80229 The Performance and Payment Bonds covering the above captioned project were executed by this agency, through Hartford Casualty Insurance Company today, August 18, 2005. We hereby authorize the Eagle Regional Airport Board to date all bonds and powers of attorney to coincide with the date of the contract. If you should have any additional questions or concerns, please don't hesitate to contact me at 720-977-6021 or vicie.reales@fpinsurance.com. Thank you. Sincerely, Vicie F. Reales Account Manager /vfr "Building Relationships Since 1939" RD �, nd number 34BCSDE4687 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Concrete Works of Colorado, Inc., as Principal. hereinafter called Contractor, and Hartford Casualty Insurance 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, Gypsum, Colorado, as Obligee, and hereinafter called Owner, in the penal sum of Two Hundred Eighteen Thousand Seven Hundred and 00/100 , Dollars ($_218,700.00 ) 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 Contract Document Nt3-08-0020-3dated 2005 entered into a contract with Eagle County, Colorado for Two Hundred Eighteen Thousand Seven Hundred Dollars and 00/100 Cents ($218,700.00) Which contract, including any present or future amendment thereto, is incorporated herein by reference and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if in connection with the Contract including all duly authorized modifications thereto, prompt payment shall be made to all laborers, subcontractors, teamsters, truck drivers, owners or other suppliers of equipment employed on the job, and other claimants, for all labor performed in such work whether done for the prime contractor, a subcontractor, the Surety, a completion contractor or otherwise (at the full wage rates required by any law of the United States or of the State of Colorado, where applicable), for services furnished and consumed, for repairs on machinery, for equipment, tools, materials, lubricants, oil, gasoline, water, gas, power, light, heat, oil, telephone service, grain, hay, feed, coal, coke, groceries and foodstuffs, either consumed, rented, used ore reasonably required for use in connection with the construction of the work or in the performance of the Contract and all insurance premiums, both for compensation and for all other kinds of insurance on the work, for sales taxes and for royalties in connection with, or incidental to, the completion of the Contract, in all instances whether the claim be directly against the Contractor, against the Surety or its completion contractor, through a subcontractor or otherwise, and, further, if the Contractor shall defend, indemnify and hold Eagle County, Colorado harmless from all such claims, demands or suits by any such person or entity, then this obligation shall be void; otherwise it shall remain in full force and effect. Any conditions legally required to be included in a payment bond on this contract, including but not limited to those set out in the applicable Colorado state section of the Owner Charter, are included herein by reference. The Surety agrees that, in the event that the Contractor fails to make payment of the obligations covered by this bond, it will do so and, further, that within forty-five (45) days of receiving, at the address given below, a claim here under stating the amount claimed and the basis for the claim in reasonable detail, it (a) will send an answer to the claimant, with a copy to the Owner, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed and (b) will pay any amounts that are undisputed. The amount of this bond shall be reduced by and to the extent of any payment of payments made in good faith here under. While this bond is in force, it may be sued on at the instance of any party to whom any such payment is due, in the name of the Owner, to the use of such party. The Owner shall not be liable for the payment of any costs or expenses of any such suit. No suit shall be commenced or pursued here under other than in a state court of competent jurisdiction in Eagle, Colorado, or in the United States loth District Court of Colorado. WAIVER. The said Surety, for value received, hereby expressly agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, shall in any wise affect the obligations of this bond, and it does hereby waive notice of any such change, extension of time, or alteration or addition to the terms of the contract or the work to be performed thereunder. IN WITNESS WHEREOF, the above parties have executed this instrument the :3t>- day of auQV S+ . 2QLj SIGNATURE OF PRINCIPAL (as applicable) A. Individual, partnership or joint venture B. Corporation Attest: JODt m,c.taE� ecre[ary (affix seal) SIGNATURE OF SURETY (Signature of sole proprietor or general partner) LOC.RETE 01DIEK5 of COLot2AO�,, LUC- Name of ' of Corporate Principal B R/%Cpp¢D 'BRASOEQ, v %CC VR4-54DEN-r Name and address of Corporate Surety Hartford Casualty Insurance Company 7670 South Chester Street Englewood- M 900487 _ By (seal) Attorney in Fact (attach 1<0cr of attorney) Vicie F. Reales ACCEPTANCE BY The foregoing bond is approved. Y Date By The foregoing bond is in due form according to law and is approved. Date By B�N=4 number 34BCSDE4687 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Concrete Works of Colorado, Inc. as Principal, hereinafter called Contractor, and Hartford Casualty Insurance 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, Gypsum, Colorado, as Obligee, hereinafter called Owner, in the penal sum of Two Hundred Eighteen Thousand Seven Hundred and 00/100 Dollars ($ 218.700.00 } for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators. successors and assigns, jointly and severally, firmly by these presents. WHEREAS, 3-08-0020-36 Contractor has by written agreement Contract Document No. dated 2005 entered into a contract with Eagle County, Colorado for Two Hundred Eighteen Thousand Seven Hundred Dollars and 00/100 Cents ($218,700.00) which contract, -including any present or future amendment thereto, is incorporated herein by reference and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall promptly and faithfully perform said Contract including all duly authorized changes thereto, according to all the terms thereof, including those under which Contractor agrees to pay legally required wage rates including the prevailing hourly rate of wages in the locality, as determined by the Department of Labor and Industrial Relations or by final judicial determination, for each craft or type of workman required to execute the contract, and, further, shall defend, indemnify and hold the Owner harmless from all damages, loss and expense occasioned by any failure whatsoever of said Contractor and Surety to fully comply with and carry out each and every requirement of the contract, then this obligation shall be void; otherwise it shall remain in full force and effect. In the event that Contractor shall be and is declared by the Owner to be in default under the Contract, the Owner having performed its obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable here under, the penal sum of the bond. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by the Owner to Contractor under the Contract and any amendments thereto, disbursed at the rate provided in the original contract, less the amount properly paid by the Owner to the Contractor. If the completion contract provides for more rapid payment than the Contract, then Surety shall advance such sums as are needed to make payment as provided in the completion contract and shall recover it from the Owner when payment from the Owner is due. `.o 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 day of uS� 2005. SIGNATURE OF PRINCIPAL (as applicable) A. Individual, partnership orjoint venture B. Corporation Attest:QM ,bol Mtct+cl,S retary (affix seal) SIGNATURE OF SURETY (Signature of sole proprietor or general partner) UM fF IA) An S Of - Name of Corporate Principal Byy fztc E VICE PRE5IM&ST Name and address of Corporate Surety Hartford Casualty Insurance Company 767n South Chester Street Englewood. Co 80487 By Attorney in Fact (attaA power of attorney) - - Vicie F. Reales ACCEPTANCE BY The foregoing bond is approved. Date By The foregoing bond is in due form according to law and is approved. Date 'By �a.✓ Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BOND, T-4 680 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call. 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-341738 XO Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut XQ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana XQ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Loree Vanderhye, Vicie F. Reales, Marxy Beardsley of Denver, CO their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. O i,.'�160tt►t1U7(f{•S o � • � I ���$ Bj`7�a � .�, w�,et► ��� �t+n 'o�#• �i �.ei :y� ti a8 I949 ♦ �,te� �� IJfA'� ►was • �'�4,O�elISO1S� •/Itrrtt�� Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT Ss, Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed -to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that hp ligned his name thereto by like authority. _ * #UBW • Scott E. Paseka Notary Public CERT[FiCaTE My Commission Expires October 3i, 2007,- I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is'a True and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. a ,_� � �faeee•nw,i�*n F tiq � r y ` ,yam°ae'�b •rtaesce ati'� 0-- Gary W. Stumper, Assistant Vice President POA 2004 Named Insured Concrete Works of Colorado Insured Address 1260 Rock Creek Circle Lafayette, CO 80026 Bond Number 34BCSDE4687 IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorismpremium: $0 Form B-3333-0 Page 1 of 1 0 2002, The Hartford CII t#• 38011 CONW01 en ACORD,e CERTIFICATE OF LIABILITY INSURANCE DATE 08/18/05 (MMIDDnrrr) PRODUCER Flood & Peterson Insurance Inc 9351 Grant Street, Suite 600 Thornton, CO 80229 720 977-7110 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Concrete Works of Colorado, Inc. 1260 Rock Creek Circle Lafayette, CO 80026 INSURER A: St. Paul Travelers insurance Company INSURER B: Pinnace] Assurance INSURER C: INSURER D: INSURER E: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR NDWLTYPE NBR OF INSURANCE POLICY NUMBER DATE POLICY MMD EXPIRATION LIMITS A GENERALI.MBILTTY X COMMERCIAL GENERAL LIABILITY DTC00028B362IND04 10/31/04 10/31/05 EACH OCCURRENCE E1000000 DAMAGE TO RENTED E300OOO MED EXP(Any one person) E5000 CLAIMS MADE 7X OCCUR PERSONAL B ADV INJURY S1.000.000 GENERAL AGGREGATE s2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO s2000000 POLICY PR LOC X JECT A AUTOMOBILE LABILITY ANY AUTO DT8100028B362TIL04 10/31/04 10131/05 COMBINED SINGLE LIMB (Ea accident) $1,000,000 X BODILY INJURY (Per person) E ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OW NEO AUTOS PROPERTY DAMAGE (Pereccident) E GAR AGE LIABILITY AUTO ONLY -EA ACCIDENT E OTHERTHAN EA ACC AUTO ONLY: AGO E ANY AUTO E A EXCESSIUMBRELLA LIABILITY DTSMCUP002BB362TIL 10/31/04 10/31/05 EACH OCCURRENCE $10000000 AGGREGATE E1 O 000 000 X OCCUR CLAIMS MADE E E DEDUCTIBLE E X RETENTION $10000 B WORKERS COMPENSATION AND 4062790 08/01/05 08101/06 TH- WCSTATU- OFIR X I E.L EACH ACCIDENT $500000 EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED'! E.L. DISEASE - EA EMPLOYEE E5000OO E.L. DISEASE -POLICY LIMIT 1 E5000OO It yes, describe under SPECIAL PROVISIONS below A OTHER Commercial QT660142D6562TIL04 10131104 10/31/05 Property DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The certificate holder is named as an additional Insured as their interest may appear in reference to the named insured's operations. (Excluding Workers Compensation) CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Eagle County Airport DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL q0_ DAYS WRITTEN 0219 Eldon Wilson Road NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Gypsum, CO 81637 IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE F�oo� �- ------------- ACORD 25 (2001108) 1 of 2 #S323992/M322329 CXR a F r,. ^^""" """ �qwl M 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 terns 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 (2001108) 2 of 2 #S32399Z1m3ZZ3ZV DISTRIBUTION _ _Originals to: 1. Contract Book 2. 3. \' V— O%ZA a 4. Conies to• Accounting PA Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 Telephone:970-328-8685 Fax:970-328-8699 MEMORANDUM To: Chris Anderson From: Rikki Vigil Date: August 25, 2005 RE: Contract Agreement Enclosed are two contract agreement between Eagle County Airport and Concrete Works of Colorado, Inc., one is for your records the other please forward on to Concrete Works of Colorado, Inc. : If you have a further questions please contact our office.