HomeMy WebLinkAbout113109 WATERFORD CORPORATION - CONTRACT - CONTRACT - FORT COLLINS AIRPORTAIRPORT SECURITY IMPROVEMENTS
AGREEMENT FORM FOR IMPROVEMENTS TO
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
LOVELAND,COLORADO
AIP PROJECT NO.3-08-0023-19
THIS AGREEMENT, made and entered into this 15TM day of , 2005,
by and between the Cities of Loveland and Fort Collins, hereinafter referred to as the
"Owner" and `��a-,�� �%��U'G}7io"✓•
Second Party, hereinafter referred to as the "Contractor".
WITNESSETH:
Article 1. STATEMENT OF THE WORK. The Contractor shall furnish all labor and
materials and perform all work for improvements to Fort Collins -Loveland Municipal
Airport, Airport Security Improvements, under AIP Project No. 3-08-0023-19, Awarded
Schedule(s) I and IV only, in strict accordance with the Contract Documents, Plans, and
Specifications dated April 28, 2005, prepared by CH2M HILL, for improvements to Fort
Collins -Loveland Municipal Airport. The Contractor shall complete this work within
30 working days from the effective date of the Notice to Proceed.
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 by
reason of said faithful performance of the work, at stated intervals and in the amounts
certified by the ENGINEER in accordance with the provisions of this Contract.
Article 3. It is hereby further agreed, that, in the completion of the work and its acceptance
by the Owner, all sums due the Contractor by reason of his faithful completion of the work,
taking into consideration additions to or deductions from the Contract price by reason of
"Force Account" work authorized under this Contract in accordance with the provisions of
this Contract, will be paid the Contractor by the Owner after said completion and acceptance.
Final acceptance cannot be made by the Owner until any and all proper legal advertisements
have been made. All payments shall be made in accordance with Colorado Revised
Statute 38-26-107.
Article 4. It is hereby further agreed that any reference herein to the "Contract" shall include
all "Contract Documents" as the same are listed and described in the General Provisions,
issued in connection with the improvements to Fort Collins -Loveland Municipal Airport,
Airport Security Improvements, under AIP Project No. 3-08-0023-19, and said "Contract
Documents" are hereby made a part of this agreement as fully as if set out at length herein.
Article 5. It is hereby further agreed that the FAA General Provisions, the FAA Special
Provisions, and the Project Special Provisions issued in connection with the improvements to
Fort Collins -Loveland Municipal Airport, Airport Security Improvements, under AIP Project
DEN/326440.AA.R 1 /S
00511I2 1 AGREEMENT FORM
I
ALR.PORT SECURITY ItvIPROVEMENTS
his obligation to furnish maintenance, repairs or replacements for the Hill guarantee period
provided in the specification contained herein then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
Further conditions of the foregoing obligations are such that the Principal and Surety
will guarantee the work performed under this Contract against defects in workmanship
performed by the Principal and all defects in materials furnished by him which appear within
a period of one calendar year after the final acceptance of the work by the Owner. Under this
guarantee, the Principal and Surety shall repair or replace all defective workmanship and
material provided by the Principal appearing within t year after the completion and
acceptance of the work, at no cost to the Owner.
PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terns of the contract or
to the work to be performed thereunder, or the specifications accompanying the same shall in
any way affect its obligations of this bond, and it does hereby waive notice of any such
change, extension of time, alteration, or addition to the terms of the contract or to the work,
or the specifications.
rN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at
8310 S. Valley Highway, 3rd Floor, Englewood, CO 80112 ,
this 6th clay of September , 2005, A.D.
Waterford Corporation
Principal ( ntractor
By: -- —
Attest: �14�
First National Insurance Company _of America
Surety
By,
T Mitchel , ttor ey ct
Attest: 1
Mar an V EAL) Munz
(Accompany this bond with Attorney- In-Fact's authority from the Surety to execute bond,
certified to include the date of the bond.)
END OF SECTION
DEN/326440.AA.R 1/S
00512I
J
4
APRIL 28, 2005
PERFORMANCE BOND
0
El
AIRPORT SECURITY IMPROVEI[ENTS
PAYILENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That wc, the undersigned, Waterford Corporation
Bond # 6302673
as Principal, and First National Insurance Company of America
8310 S. Valley Highway, 3rd Floor, Englewood, CO 80112
a corporation organized and existing under and by virtue of the laws of the State of
Washington and duly authorized to transact business in the State of Colorado,
as Surety, are held and firmly bound unto the Cities of Loveland and Fort Collins, Colorado,
hereinafter referred to as the Owner, in the penal sum of Ninety Nine Thousand
Two Hundred Ninety Seven & No/100--------------------------------- dollars
(100 percent of Contract Value)
(S99,297.00 ), lawful money of the United Sates of America, for the payment of which
well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents, as follows:
The condition of the above obligation is such that:
WHEREAS, the said Principal has entered into a written contract with the Cities of Loveland
and Fort Collins, for improvements to Fort Collins -Loveland Municipal Airport tinder AIP
Project No. 3-08-0023-19, in conformity with the Drawings, Plans, General and Special
Provisions, and Specifications prepared by CH2M HILL of Englewood, Colorado, which
contract, drawings, plans, General and Special Provisions, and specifications are hereby
referred to and made a part hereof, the same to all intents and purposes as if written at length
herein, in which contract the said Principal has contracted to perform the work specified in
said contract in accordance with the terms hereof;
NOW THEREFORE, THE CONDITIONS OF THE OBLIGATION are such that if
the above Principal shall well, truly, and faithfully satisfy all claims and demands incurred by
the Principal in the performance of said contract and any additions thereto, except that no
change will be made which increases the total contract price by more than 25 percent in
excess of the original contract price without notice to the Surety, then this obligation to be
void, otherwise to remain in full force and virtue, and comply; and shall satisfy all claims and
demands incurred in the performance of said contract and shall fully indemnify and save
harmless the Owner from all damages, claims, demands, expense and charge of every kind
(including claims of patent infringement) arising from any act, omission, or neglect of said
Principal, his agents, or employees with relation to said work; and shall fully reimburse and
repay to the Owner all costs, damages, and expenses which they may incur in making good
04
:a
DEN/326440.AA.R1/S APRIL 28, 2005
00513I 1 PAYMENT BOND
AIRPORT SECURITY IMPROVEMENTS
any default based upon the failure of the Principal to fulfill his obligation to furnish
maintenance, repairs or replacements for the full guarantee period provided in the
specification contained herein and a condition of this bond shall be that the Contractor shall
at all times promptly make payments of all amounts lawfully due to all persons supplying or
furnishing him or his subcontractors with labor and materials used or performed in the
prosecution of work provided for in the above contract, and that the undersigned will
indemnify and save harmless the Owner for the extent of any and all payments in connection
with the canying out of such contract, then this obligation shall be null and void, otherwise it
shall remain in full force and effect.
PROVIDED FURTHER, that if the said Contractor fails to fully pay for any labor,
materials, team hire, sustenance, provision, provender, gasoline, lubricating oils, fuels, oils,
grease, coal, or any other supplies or materials used or consumed by said Contractor or his
subcontractors in performance of the work contracted to be done, the Surety will pay the
same in any amount as provided by law.
PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the contract or
the specifications accompanying the same shall in any way affect its obligations of this bond,
and it does hereby waive notice of any such change, extension of time, alteration, or addition
to the terms of the contract or to the work, or the specifications.
IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at
8310 S. Valley Highway, 3rd Floor
Englewood, CO 80112 _,this 6th day of September , 2005,
A.D.
Waterford Corporation
Principal ontragt' /' �
First
Attest: I Y
Marya ne ( pI,) Munz
(Accompany this bond with Attorney-In-Fact's authority from the Surety to execute bond,
certified to include the date of the bond.)
END OF SECTION
DEN/326440.jAiA.R1/S APRIL 28, 2005
005131 2 PAYMENT BOND
S A F E C O' POWER
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY PO BOX 34526
FIRST NATIONAL SURETY SEATTLE. WA 98124-1526
PO BOX 34526
SEA17LE, WA 98124-1526
No. 13105
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
•r srr rrrrr rr s. rr rr rss•ssassrrrwswssrrrrrrrsrrssrsrsTlM MITCHELL;Englewood, ColoradOrrrsrsrrssrssssarssssssssrrrnsrrsrnsrrrrs sra rr rrrr.
its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surely bonds or undertakings and other documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 19th
CHRISTINE MEAD, SECRETARY
CERTIFICATE
day of August 2004
4� r ,cy_4__�
MIKE MCGAVICK, PRESIDENT
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or
on any bond or undertaking of the company, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and .
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney appointment is in full force and effect.
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 6th dayof September 2005
SEAL C
19 2 8
�O%wASP�+�,��•+•
• CHRISTINE MEAD, SECRETARY
S-10491FNEF 719B 0 A registered trademark or SAFECO Corporation
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of
America, General Insurance Company of America, First National Insurance Company of America, American
States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the
Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circum-
stances we may be eligible for reimbursement of certain surety bond losses by the United States government
under a formula established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that
exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act
also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism, tosses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of any bonds issued for your account, the
underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or any
generally applicable rules of law.
At this time there is no premium change to any of your bonds resulting from this Act.
Dated: 09/06/05
AIRPORT SECURITY IMPROVEMENTS
No. 3-08-0023-19, are hereby made a part of this agreement as fully as if set out at length
herein.
Article 6. Contract Clauses and Requirements for Construction Contracts.
A. General and Labor Clauses for All Construction Contracts and Subcontracts.
Airport Improvement Program Project. The work in this Contract is included
in Airport Improvement Program Project No. 3-08-0023-19 which is being
undertaken and accomplished by the Owner in accordance with the terms and
conditions of a grant agreement between the Owner and the United States
under the Title 49 U.S.C. Subtitle VII and the Rules and Regulations of the
Federal Aviation Administration pursuant to which the United States has
agreed to pay a certain percentage of the costs of the project that are
determined to be allowable project costs under the Act. The United States is
not a party to this contract and no reference in this contract to the FAA or any
representative thereof, or to any rights granted to the FAA or any
representative thereof, or the United States, by the Contract, makes the United
States a party to this contract.
2. Consent to Assignment. The Contractor shall obtain the prior written consent
of the Owner to any proposed assignment of any interest in or part of this
Contract.
3. Convict Labor. No convict labor shall be employed under this contract.
4. Veteran's Preference. In the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to
qualified individuals who have served in the military service of the United
States [as defined in Section 101 (1) of the Soldiers' and Sailors' Civil Relief
Act of 1940, as amended, 50 App. U.S.C. 511 (1)] and have been honorably
discharged from the service, except that preference may be given only where
that labor is available locally and the individual is qualified to perform the
work to which the employment relates.
5. Withholding, Owner from Contract. Whether or not payments or advances to
the Owner are withheld or suspended by the FAA, the Owner may withhold or
cause to be withheld from the Contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics
employed by the Contractor or any subcontractor on the work the full amount
of wages required by this contract.
6. Nonpayment of Wages. If the Contractor or any subcontractor fails to pay any
laborer or mechanic employed or working on the site of the work any of the
wages required by this contract, the Owner may, after written notice to the
Contractor, take such action as may be necessary to cause the suspension of
any further payment or advance of funds until the violations cease.
DEN/326440.AA.R1/S
00511I2 2 AGREEMENT FORM
AIRPORT SECURITY IMPROVEMENTS
7. FAA Inspection and Review. The Contractor shall allow any authorized
representative of the FAA to inspect and review any work or materials used in
the performance of this contract.
8. Subcontracts. The Contractor shall insert in each of his subcontracts the
provisions contained in paragraphs 1, 3, 4, 5, 6, and 7 of this section and also
a clause requiring the subcontractors to include these provisions in any lower
tier subcontracts which they may enter into, together with a clause requiring
this insertion in any further subcontracts that may in turn be made.
9. Contract Termination: A breach of paragraphs 6, 7, and/or 8 may be grounds
for termination of the Contract.
B. Bonding Clauses for Construction Contracts and Subcontracts:
1. The Contractor agrees to furnish a performance bond for 100 percent of the
Contract price. This bond is one that is executed in connection with a contract
to secure fulfillment of all the Contractor's obligation under such contract.
2. The Contractor agrees to furnish a payment bond for 100 percent of the
Contract price. This bond is one that is executed in connection with a contract
to assure payment as required by law of all persons supplying labor and
material in the execution of the work provided for in the Contract.
C. Lobbying and Influencing Federal Employees:
No Federal appropriated funds shall be paid, by or on behalf of the Contractor,
to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal Grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any
Federal contract, grant, loan, or cooperative agreement, the Contractor shall
complete and submit Standard Form-LLL, "Disclosure of Lobby Activities,"
in accordance with its instructions.
3. The Contractor shall require that the language of paragraphs 1 and 2 of this
section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and
DEN/326440.AA.R 1 /S
00511I2 3 AGREEMENT FORM
AIRPORT SECURITY IMPROVEMENTS
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
D. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts
Unless Otherwise Indicated. During the performance of this contract, the Contractor,
for itself, its assignees and successors in interest (hereinafter referred to as the
"Contractor") agrees as follows:
Compliance with Regulations. The Contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation (hereinafter "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are incorporated by reference and made
a part of this contract.
Nondiscrimination. The Contractor, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, sex, age,
color, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Contractor
shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the
Regulations.
Solicitations for Subcontractors Including Procurement of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation
made by the Contractor for work to be performed under a subcontract,
including procurement of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, sex, age, color, or natural origin.
Information and Reports. The Contractor shall provide all information and
reports required by the Regulations or directive issued pursuant hereto, and
shall permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the Sponsor or the FAA
to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the Sponsor or the FAA as
appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance
with the nondiscrimination provisions of this contract, the Sponsor shall
impose such contract sanctions as it or the FAA may determine to be
appropriate, including, but not limited to:
DEN/326440.AA.R1/S
00511I2 4 AGREEMENT FORM
AIRPORT SECURITY IMPROVEMENTS
a) Withholding of payments to the Contractor under the contract until the
Contractor complies, and/or
b) Cancellation, termination or suspension of the contract, in whole or in
per•
6. Incorporation of Provisions. The Contractor shall include the provisions of
paragraphs D.1. through 5. in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Contractor shall take such action with
respect to any subcontract or procurement as the Sponsor or the FAA may
direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that, in the event a Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as
a result of such direction, the Contractor may request the Sponsor to enter into
such litigation to protect the interests of the Sponsor and, in addition, the
Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
7. Breach of Contract Terms Sanctions — 49 CFR Part 18. Any Violation or
breach of the terms of this contract on the part of the Contractor/Subcontractor
may result in the suspension or termination of this contract or such other
action which may be necessary to enforce the rights of the parties of this
agreement.
8. Termination of Contract — 49 CFR Part 18
a) The Sponsor may, by written notice, terminate this contract in whole
or in part at any time, either for the Sponsor's convenience or because
of failure to fulfill the contract obligations. Upon receipt of such
notice services shall be immediately discontinued (unless the notice
directs otherwise) and all materials as may have been accumulated in
performing this contract, whether completed or in progress, delivered
to the Sponsor.
b) If the termination is for the convenience of the Sponsor, an equitable
adjustment in the contract price shall be made, but no amount shall be
allowed for anticipated profit on unperformed services.
c) If the termination is due to failure to fulfill the contractor's
obligations, the Sponsor may take over the work and prosecute the
same to completion by contract or otherwise. In such case, the
contractor shall be liable to the sponsor for any additional cost
occasioned to the Sponsor thereby.
d) If, after notice of termination for failure to fulfill contract obligations,
it is determined that the contractor had not so failed, the termination
DEN/326440.AA.R1/S
00511I2 5 AGREEMENT FORM
AIRPORT SECURITY IMPROVEMENTS
shall be deemed to have been effected for the convenience of the
Sponsor. In such event, adjustment in the contract price shall be made
as provided in paragraph D.8.b) of this clause.
e) The rights and remedies of the sponsor provided in this clause are in
addition to any other rights and remedies provided by law or under this
contract.
9. Rights to Inventions/Materials. All rights to inventions and materials
generated under this contract are subject to regulations issued by the FAA and
the recipient of the Federal grant under which this contract is executed.
Information regarding these rights is available from the FAA and the Sponsor.
10. Inspection of Records — 49 CFR Part 18. The contractor shall maintain an
acceptable cost accounting system. The Sponsor, the FAA, the Comptroller
General of the United States shall have access to any books, documents,
paper, and records of the contractor which are directly pertinent to the specific
contract for the purposes of making an audit, examination, excerpts, and
transcriptions. The contractor shall maintain all required records for three
years after the Sponsor makes final payment and all other pending matters are
closed.
Article 7. The Contractor agrees to accept as his full and only compensation for the
performance of all the work required under this contract such sum or sums of money as may
be proper in accordance with the price or prices set forth in the Contractor's proposal
attached hereto and made a part hereof covering all of the items.
Article 8. To the extent allowed by law, the Contractor agrees to indemnify, defend, and hold
harmless the Owner, from any and all claims and damages to property and injury to persons
which may arise both of and during operations under this Contract, whether such operations
be by the Contractor or by any subcontractor or anyone directly or indirectly employed by
the Contractor or any other employee or person employed or engaged on or about, or in
connection with, the construction.
Article 9. As required by Colorado Revised Statutes 24-91-103.6, the Owner hereby provides
assurance that funds adequate to cover Contract Price have been appropriated.
To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of
the City of Loveland or the City of Fort Collins, it shall be subject to annual appropriation
pursuant to their respective charters and Article X, Section 20 of the Colorado Constitution.
Neither the City of Loveland nor the City of Fort Collins shall have any obligation to
continue this Contract in any fiscal year in which no such appropriation is made.
Article 10. Venue and jurisdiction of any action will only be brought in the District Court in
and for the Eight (8`h) Judicial District (Fort Collins, Larimer County, Colorado).
DEN/326440.AA.R 1 /S
00511I2 6 AGREEMENT FORM
AIRPORT SECURITY IMPROVEMENTS
Article 11. In the event of a breach of this agreement, the breaching party shall pay to the
non -breaching party all reasonable attorney fees, cost, and other expenses, incurred by the
non -breaching party enforcing its rights as a result of said breach.
The total estimated cost for the Airport Security Improvements under AIP Project
No. 3-08-0023-19, thereof to be $96,647.00 for Schedule I and $2,650.00 for Schedule IV,
Total of Ninety -Nine Thousand Two Hundred Ninety -Seven and 00/100 Dollars
($99,297.00).
IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused
this agreement to be duly executed the day and year first herein written in six (6) copies, all
of which to all intents and purposes shall be considered as the original.
APMP),c AS M FORM
Vr a
ASSISTANT CITY ATTORNEY
Title: Accountant, Waterford Corporation
OWNER, First Party
The City of Fort Collins
Title: �::•ZS c�'v L.� V0r. cj, k
The City of Loveland
Y
CONTRACTOR, Second Party
By _—
Title: President, Waterford Corporation
END OF SECTION
DEN/326440.AA.R1 /S
00511127 AGREEMENT FORM
I eI
acoRo CERTIFICATE OF LIABILITY INSURANCE
DATE IMMIOO/YVVY)
►RODUCSR
Milne Scali & Company -Denver
6310 S. Valley Highway- 3rd F1
Englewood CO 00112
Pbone1303-706-9700
Waterford Corporation
404 North Link Lane
Fort Collins CO 80524
COVERAGES
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
A;
NAIC Y
16988
INSURER B: "players Cp,,pmseeips Tu Co
WSURERC: -
INSURER Er
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN: UREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CON TRACT OR OTHER DO :UMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED He :EIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID C AIMS.
ILTR ONSR13 TYPE OF INSURANCE POLCY NUMBI R DATE MW00" DATE I MA lYV LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$1000000
PREMISES (as
$50000
A
X
X COMMERCIAL GENERAL LIABILITY
45131778
06/23/05
06/23/06
MED EXP [Any one PL•spnl
S 5 D00
CLAWS MADE D OCCUR
PERSONAL A AOV INJURY
$1000000
GENERAL AGGREGATE
E2000000
GEN'L AGGREGATE LRIMIT. APPLIES PER,
FIROOUCTS-COMP/OPAGG
s 2000000
POLICY 4PEGT Ll LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
45131778
06/23/05
06/23/06
COMBINED SINGLE LIMIT
IEsscmen'I
$1000000 —
X
BODILY INJURY
(pp perlprI)
ALL OWNED AUTOS
SCHEDULED AUTOS
$ _
X
X
S
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
[Per Rx+donll -
PROPERTYDAMAGE
(Pr acodenU
$
.
DARAGE LIABILITY
AUTO ONLY • EA ACCIDEN I
S
S
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY: AGO
S
EXCESBNMBRELLA LIABILITY
EACH OCCURRENCE
S 1000000
AGGREGATE
I S 1000000
A
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06/23/06
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WORKERS COMPENSATION AND
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S 200000 _
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EMPLOYERS' LIABILITY
ANY PROPRIETOWPARTNER/EXECVTIVE YN1122058
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04/01/05
04/01/06
EL. DISEASE - EA EMPLOYE
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEACLES / EXCLUSIONS ADOE BY ENDORSEMENT / SPECIAL PROVISIONS
Re: Fort Collins- Loveland Wunicipal A:,rport
Project: Airport Security Improvements A.I.Y. Project No. 3-08-0023-19
Project Location: Loveland, CO
The cities of Fort Collins and LovelawL are named as additional insured for
General Liability. *Except 20 days not..ce of cancellation of premium.
CERTIFICATE HOLDER
Fort Collins- Lovelaad
Municipal Airport
Dave Gordon- Airport Director
4900 Rarhart Road
Loveland CO 80539
CANCELLATION
FORTCOL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ OAYB WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
25(2001100)
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AIRPORT SECURITY IMPROVEMENTS
PERFORtbIANCE BOND
KNOW ALL N.tEN BY THESE PRESENTS:
Bond # 6302673
That we, the undersigned, , Waterford Corporation 404 N. Link Lane,
Fort Collins, CO 80524
as Principal, and First National Insurance Company of America
8310 S. Valley Highway, 3rd Floor, Englewood, CO 80112
a corporation organized and existing under and by virtue of the laws of the State of
10 Washington and duly authorized to transact business in the State of Colorado,
± as Surety, are held and firmly bound unto the Cities of Loveland and Fort Collins, Colorado,
M Hereinafter referred to as the Owner, in the penal sum of Ninety Nine Thousand
Two Hundred Ninety Seven & No/100-------------------------------- dollars
(100 percent of Contract Value)
(S 99 , 297.00 ), lawful money of the United Sates of America, for the payment of which
well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
go
presents, as follows:
The condition of the above obligation is such that:
WHEREAS, the said Principal has entered into a written contract with the Cities of
Loveland and Fort Collins, for improvements to Fort Collins -Loveland Municipal Airport
under ALP Project No. 3-08-0023-19, in conformity with the Drawings, Plans, General and
Special Provisions, and Specifications prepared by CH2iM HILL of Englewood, Colorado,
which contract, drawings, plans, General and Special Provisions, and specifications are
hereby referred to and made a part hereof, the same to all intents and purposes as if written at
length herein, in which contract the said Principal has contracted to perform the work
r11
specified in said contract in accordance with the terms hereof;
NOW THEREFORE, TIIE CONDITIONS OF THIS OBLIGATION are such that if
the above bonded Principal shall well, truly, and faithfully perform said contract and any
alterations in and additions thereto and comply with all of the terns and provisions thereof
except that no change will be made which increases the total contract price by more than
25 percent in excess of the original contract price without notice to the Surety, then this
obligation to be void, otherwise to remain in frill force and virtue, and comply; and shall fully
indemnify and save harmless the Owner from all damages, claims, demands, expense and
charge o f every kind (including claims of patent infringement) arising from any act,
9%
omission, or neglect of said Principal, his agents, or employees with relation to said work;
and shall fully reimburse and repay to the Owner all costs, damages, and expenses which
they may incur in making good any default based upon the failure of the Principal to fulfill
DEN/326440.AA.R1/S APRIL 28, 2005
00512I 1 PERFORMANCE BOND