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HomeMy WebLinkAboutC01-201 B&B - asphalt trail4 AGREEMENT THIS AGREEMENT is by and between: Eagle County Board of Commissioners of Eagle County, Colorado (hereinafter .called OWNER) MM B & B Excavating (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 -WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construct a recycled asphalt trail for approximately 2212 feet along the north side of Highway 6 in the Arrowhead area of Edwards, Colorado. The project is known as the Honeywagon Trail, East Edwards Final Link. ARTICLE 2 — ENGINEER and OWNER The OWNER, Eagle County, is represented by Ellie Caryl of the Eagle County Regional Transportation Authority as project coordinator. Helen Migchelbrink, P.E., Eagle County Engineering Department, will act as project co- coordinator, and have the duties and responsibilities, rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. Johnson, Kunkel and Associates, Inc. are the design engineers of the construction plans and will be called upon for consultation as necessary. ARTICLE 3 - CONTRACT TIME 3.1 All time limits for Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are the essence of the Agreement. 3.2 The work will be substantially completed on or before August 21, 2001, and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before August 27, 2001. 3.3 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not substantially complete within the time specified in paragraph 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two hundred dollars ($200.00) for each day that expires afterthe time specified in paragraph 3.2 for substantial completion until the work is substantially complete. ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the Contract Price. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: PJ- 61D SCHEDULE - revised July 2, 2001} All items built or installed per plans and specifications Item Description Est. Qty. Unit Unit Price Estimated Bid Amount Remarks 1. Cut, Unclassified 196 CY 10.00 1,960.00 2. Fill, Embankment 1030 CY 13.86 14,275.00 3. Recycled Asphalt (rotomill), hauling and placement per specifications. Material donated by CDOT, stored at Dotsero 1 -70 exit. 462 CY 23.50 10,857.00 4. Asphalt Cap, 1.5" after compaction 166 Tons 46.00 7,636.00 5. Type 4' Barrier, installed 278 LF 39.00 10,842.00 6. 5' Vinyl Chainlink, installed 180 LF 27.00 4,860.00 7. Boulder wall, installed 120 LF 36.00 4,320.00 8. 24" CMP, installed 7 LF 60.00 420.00 9. 12" CMP, installed 30 LF 33.00 990.00 10. Barbed Wire Fence Repair 1550 LF 1.20 1,860.00 11. 8" PVC Irrigation Pipe, installed 48 LF 18.50 888.00 12. Sign installation (signs provided by Owner) 5 LS 85.00 425.00 13. Construction Staking LS 2300.00 2,300.00 14. Erosion Control LS 4200.00 4,200.00 15. Topsoil and Revegetation LS 5000.00 5,000.00 16. Traffic Control LS 4500.00 4,500.00 17. Driveway Modification LS 880.00 880.00 18. Utility Structure Modifications LS 600.00 600.00 19. Other TOTAL BASE BID: $76,813.00 4.2 OWNER and CONTRACTOR may agree to shift amounts above from one item to another, as necessary. ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by OWNER and ENGINEER, as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR' Applications for Payments as recommended by OWNER and ENGINEER, as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50 %) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER and ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by OWNER and ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38 -26 -107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 6.2 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done ll C so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and related to existing underground utilities) at or contiguous to the Project site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 6.3 CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.4 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Project site, and all examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.5 CONTRACTOR has given OWNER and ENGINEER written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by OWNER and ENGINEER is acceptable to CONTRACTOR. 6.6 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (Pages 1 to 7, inclusive). 7.2 Invitation to Bid consisting of 1 page. 7.3 Instructions to Bidders (Pages 1 to 7, inclusive). 7.4 Performance and Payment Bonds, identified as Exhibits , and consisting of pages. 7.5 Notice of Award, Notice to Proceed. 7.6 General Conditions (Pages 1 to 50, inclusive) 7.7 Drawings, consisting of Eagle County Regional Trails System, Honeywagon Trail Construction Plans, Sheets 1 through 12, inclusive, prepared 5/30/01 7.8 CONTRACTOR's Bid (Pages 1 to 7, inclusive) 7.9 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages to , inclusive). 7.10 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. C1 - 4 m IN WITNESS WHEREOF, the parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, And ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This Agreement will be effective on , , 2001 (which is the Effective Date of the Agreement) OWNER: Eagle County Board of Commissioners 1C..T#V%► Tom 0. Stone, Chairman CONTRACTOR: (CORPORATE SEAL) $ OGLE C ATTEST �` ATTEST. - Address for giving notices: Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Address for billing ECO Traits . P.O. Box 1070 Gypsum, Colorado 91637 3 i s — d PERFORMANCE BOND LIBERTY BOND SERVICES Bond Number: 14- 015 -660 ' KNOW ALL MEN BY THESE PRESENTS, that we B &B EXCAVATING, INC. , as Principal (the "Principal "), and Liberty Mutual Insurance Company, a mutual company duly organized under the laws of the commonwealth of Massachusetts, as Surety (the "Surety"), are held and firmly bound unto BOARD OF EAGLE COUNTY COMMISSIONERS , as Obligee (the "Obligee "), in the penal sum of SEVENTY -SIX THOUSAND EIGHT HUNDRED THIRTEEN AND NO /100 Dollars ($76,813.00), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS: the Principal has by written agreement, dated"? /Zs-%, 2001, entered into a contract (the "Contract ") with the Obligee for "THE HONEYWAGON TRAIL" EAST EDWARDS FINAL LINK TRAIL PROJECT Which Contract is by reference made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. Whenever the Principal shall be, and be declared by the Obligee to be in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1.1 Complete the contract in accordance with its terms and conditions, or 1.2 Obtain a bid or bids from alternative contracts to complete the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee, 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 hereunder, the amount set forth in the first paragraph of this bond. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean -up costs or other damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors or suppliers or any other person in connection with the performance of the Contract. This limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release occurs and without regard to any term of condition of the Contract. LBS -5100 8/94 Rev. r 3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee. 4. Any suit under the bond must be instituted before the expiration of two (2) years from the date on which the Principal ceased to work on the Contract. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 6. Any claim must be presented in writing to Liberty Mutual Insurance Company to the attention of Liberty Bond Services, Claim Department, 600 West Germantown Pike, Plymouth Meeting, PA 19462 Signed and sealed this 6TH day of JULY, 2001. WITNESS OR ATTEST: B &B EXCAVATING, INC. Principal By:� Name: ft4- Title: 40 , 0 , LIBERTY MUTUAL INSURANCE COMPANY (Seal) Surety , Y: IS, orney - -Fact LBS -5100 8/94 Rev. PAYMENT BOND LIBERTY BOND SERVICES Bond Number: 14- 015 -660 KNOW ALL MEN BY THESE PRESENTS, that we B &B EXCAVATING, INC. as Principal (the "Principal "), and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety (the "Surety "), are held and firmly bound unto BOARD OF EAGLE COUNTY COMMISSIONERS as Obligee, in the penal sum of SEVENTY -SIX THOUSAND EIGHT HUNDRED THIRTEEN AND NO /100 Dollars ($76,813.00), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated I , entered into a contract (the "Contract ") with the Obligee for "THE HONEYWAGON TRAIL" EAST EDWARDS FINAL LINK TRAIL PROJECT which Contract is by reference made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. A "Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: (a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to the Principal and the Surety within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal or the Obligee at any place where an office is regularly maintained for the transaction of business, or in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer, and to the Surety to the attention of Liberty Bond Services, Claim Department, 600 W. Germantown Pike, Plymouth Meeting, PA 19462. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision on the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. LBS -5200 8/94 Rev. (c) After the expiration of ors �) year following the date on which Principa ,eased work on the Contract. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by the Surety of mechanics' liens which may be filed of record against such improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 6TH day of JULY, 2001. WITNESS OR ATTEST: B &B EXCAVATING, INC. (Seal) Principal By: a Name: 11AUC, P. Title: C, 0,0 LIBERTY MUTUAL INSURANCE COMPANY (Seal) Surety TINA DAVI me - -Fact LBS -5200 8/94 Rev. THIS POWER•bF ATTORNEY IS NOT ID UNLESS IT IS PRINTED ON RED BACK UND. 815806 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS:. That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint, JACE PEARSON, TINA DAVIS, DORIS MARTIN, KAREN HONE, VICKI SORENSEN, ALL OF v On this 30th day of May A.D. 2001 , before me, a Notary Public, personally came the individual, known to d me to be the therein desc ' ed iI` idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed care a the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate v sear and his signatu was duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMO REOF, I p set my hand and affix my official seat at Plymou Meeting, P , the day and year first above written. OF V A C S r r5 r._ r QL (GCrL n:r, Notary Public nVsyv ' KATE 1, the undersigne to retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and c c copy, is in full force and effect on the date of this certificate; and 1 do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in=fact as provided in Article XVI, Section 5 of the By- laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIItM�ONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 6TH day of } stant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May 30 20 03 A THE CITY OF SALT LAKE CITY, STATE OF UTAH ..................... .................................. ............................... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed; any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ** SEVENTY -FIVE MILLION AND 00/100********************* DOLLARS ($75,000,000.00** * ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by *x the secretary of the Company in their own proper persons. .0 That this power is made and executed pursuant to and by authority of the following By -law and Authorization: d ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such C (D limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the -p � company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such ` d t instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in- fact:: a- > Pursuant to Article XVI, Section 5 of the By -laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact j = a as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, 0) � bonds, recognizances and other surety obligations. e y That the By -law and the Authorization above set forth are true copies thereof and are now in full force and effect. p L i — L G IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance ar Company has been affixed tberetq in Plymouth Meeting, Pennsylvania this 30th day of May 2001 � O 4; f LIBERTY MUTUAL INSURANCE COMPANY j $ tm m L . 1 B y 1:.d+ 0 Garnet W. Elliott, Assistant Secretary + 7 .= COMMONWEALTH OF PENNSYLVANIA ss 1 a; O tC COUNTY OF MONTGOMERY ; v On this 30th day of May A.D. 2001 , before me, a Notary Public, personally came the individual, known to d me to be the therein desc ' ed iI` idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed care a the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate v sear and his signatu was duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMO REOF, I p set my hand and affix my official seat at Plymou Meeting, P , the day and year first above written. OF V A C S r r5 r._ r QL (GCrL n:r, Notary Public nVsyv ' KATE 1, the undersigne to retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and c c copy, is in full force and effect on the date of this certificate; and 1 do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in=fact as provided in Article XVI, Section 5 of the By- laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIItM�ONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 6TH day of } stant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May 30 20 03 A TWO eagle county regional transportation authority NOTICE OF AWARD July 24, 2001 Attn: Mike Pettit B & B Excavating P.O. Box 1729 Edwards, CO 81632 Re: "Honeywagon Trail" East Edwards Final Link Trail Project Please be notified that on July 24, 2001 the Eagle County Board of County Commissioners signed the Agreement for contractual services and awarded the above referenced project to B & B Excavating. The signed agreement is attached for your records. A Notice to Proceed will be issued upon receipt and approval of the required Contract Security and Insurance as stipulated by the Agreement. EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS a Tom C. 9 Chairman cc: Tom Moorhead, Eagle County Attorney Ellie Caryl, ECO Trails 3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel: 9701328 -3520 fax. 9701328 -3539 email. mobft@vail.net