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HomeMy WebLinkAboutC03-077 Elam Construction, Inc. AGREEMENT FOR OVERLAY PROJECT THIS AGREEMENT is dated as of the 07th day of .March , 2003,by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "Owner"), and Elam Construction. Inc. (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 ("Work"). The Work is generally described as: OVERLAY AND SHOULDER GRAVEL ON FRYING PAN RIVER ROAD, VALLEY ROAD AND SQUAW CREEK ROAD AS SPECIFIED IN EXHIBIT "A" which is attached hereto and incorporated by this reference. ARTICLE 2 -OWNER'S REPRESENTATIVE The Project is under the authority of the Eagle County Road & Bridge Department, the Director of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. ARTICLE 3 -CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before SEPTEMBER 30.2003. 3.2 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 3.1 above, plus any extensions thereof allowed in accordance with 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 Three Hundred dollars ( 300.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. Agreement Page 1 • • ARTICLE 4 -CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. 4.2 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds as follows: PROGRESSIVE PAYMENTS UPON COMPLETION OF EACH AREA AS SPECIFIED IN EXHIBIT "A". 4.3 Pursuant to the provisions §24-91-103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under aremedy-granting provision in the Agreement. 4.4 The Board of County Commissioners for Eagle County is a governmental entity. All obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE 5 -PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed 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's Applications for Payments, as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Prior to 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 retaining 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. Agreement Page 2 • 5.1.2 Progress payments and retained funds shall occur in compliance with Paragraph 19 of the General Conditions attached hereto and C.R.S. §24-91- 103. The Owner shall authorize partial payments of properly requested amounts of at least ninety percent of the calculated value of the work completed until fifty percent of the work required under the Agreement has been performed. Thereafter, the Owner shall authorize partial payments of any other properly requested amounts without retaining additional funds if, in the opinion of the Owner, satisfactory progress is being made in the work. The withheld amounts of the contract price will be retained by the Owner until the contract is completed satisfactorily and accepted by the Owner. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price. 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 C.R.S. §38-26-107. Final payment shall be made in accordance with the requirements of the 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 made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. Agreement Page 3 • • 6.5 In performing the work under this Agreement, the Contractor acts. as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. ARTICLE 7 -CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Contractor's Bid. 7.3 Performance and other Bonds. 7.4 Notice of Award and, if any, Notice to Proceed. 7.5 General Conditions (Pages 1 to 10, inclusive). 7.6 Specifications and Drawings. 7.7 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.8 The parties acknowledge and agree that the terms and conditions of this Agreement (7.1) and the General Conditions (7.5) attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or 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 an executed, written amendment to this Agreement. ARTICLE 8 -BONDS Not later than five business days following the execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. Agreement Page 4 ARTICLE 9 -MISCELLANEOUS 9.1 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. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.3 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. 9.4 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. 9.5 INTEGRATION: This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 9.6 NOTICE: Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: To Contractor: Elam Construction, Inc. 1225 South 7t" Street Grand Junction, CO 81501 Agreement Page 5 To Owner: Brad Higgins -Director Road & Bridge Department Eagle County P.O. Box 250 Eagle, CO 81631 telephone: 970-328-3540 telefax: 970-328-3546 • Mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and FAX notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. [signature page next page] Agreement Page 6 • "Owner": COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. ~~~G~ ~~ ~, ~ ~ ATTEST ~ COMMISSIONERS ~ ~oio~°~ ~~~~ ~~~~ B ~ By: Clerk of the Board of County Commissioners STATE OF COLORADO County of Eagle Chairman agher "Contractor": Elam Construction, Inc. By: Harold F. Elam, President ss: On this 7th day of March , 2003, came before me, a notary public, Harold F. Elam known to me to be the President Of Elam Construction, Inc. who acknowledged to me that he executed the foregoing document, that he executed it in that capacity, and that the same was the act of the entity identified in the document as "Contractor". My commission expires: ~ `~'Cf 04 Notary Publi Heather Tel Agreement Page 7 JAM-28-2003 13:47 FROM:EAGLE~ RD&BR 19703283546 •T0:99265465 ~ P:2~3 '°EXI~IiT A-' Zll!}3 Gverxay Contracts ~7cs ~t - n},t Unit 'ce HotBituYrfinous 1~avenTent 12,390 Ton $ -37.~ $ ~(o ~' 6~. ~~ (Grading C?~ Frying !'en River Road from 8.0 m_m. to12.0an.m. 21,120' x ?1'x4" Hoc Bituminous Pgverpent 2,044 Ton $ .3~0 ~ ~ 7'4; C 06. ~ (Grading C3i} Valley Road 6,864'x24'xZ" 1A03 Shoulder Grave)1 ~ . 5houlderGravel (placed, 6,195 Ton r $ ~~. $ ~ 730. e~r~.dcd, agd compacted) . prying Pan River Rand Shoulder Gravel placed, 1,022 Tart ~ $~ $ 00 < <- 753. _ graded, and compacted} Valley koad X003 Tack Emtasificd Asphalt 5,632 Gal o O $~~ $ o0 ~ ~Z - Diluted Matcrigl (CSS-1 h ~r SS-1 h} Frying Pan River Rated P.rztuisificd Asphalt 1,830 Gal $ ~. oo $ /, 830 ~~ Diluted Material (CSS-lh ar SS-ih) Valley Read Materials Sampling, Testing l Lump $ 3$-OD ~ ~ 3~ SO0 ~ and Xrtspectaon Sum l Z 1 ~_ z~ ~~ $ av Z ~ 000 r nne Constr~cl an . .Lump , $ • Traffic Control Suzn Total $ G 6 9, 6 76 Received Time Jan.28. 2:33PM • "EXIiIBIT A" 2003 Overlay Contracts Description Qty Unit Unit Price Amount Hot Bituminous Pavement 10,772 Ton $ 35,x" $ .~ ?S', .2 70. (Grading CX) Squaw Creek Road Hwy. 6 to Fenno Drive 16,949'x26'x3" 2003 Shoulder Gravel Shoulder Gravel (placed, 4,000 Ton $ ~ ~- _ $ ~ 0~, ~ graded, and compacted) Squaw Creek Road 2003 Tack Emulsified Asphalt 9,793 Gal $ ~ ~~ $ 9 7 93 Diluted Material (CSS-lh or SS-lh) ' Squaw Creek Road Materials Sampling, Testing 1 Lump ~_ $ z, Da0 $ 2~ 000 and Inspection Sum Construction Zone 1 Lump $ ~SS00~ $ /s, SOO,~ Traffic Control Sum Total $ ~'~, S~3- o_ Grand Total for Overlay ~oa $ ~. ~ ~ 6 ~ z39 . THE AMER•AN INSTITUTE OF ARCHITECTS Bond #929283833 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) 1225 SOUTH 7TH STREET GRAND JUNCTION, CO 80151 as Principal, hereinafter called Contractor, and, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA (Here insert full name and address or legal title of Surety) CNA PLAZA CHICAGO, IL 60685 as Surety, hereinafter called Surety, are held and firmly bound unto EAGLE COUNTY ROAD 8 BRIDGE (Here insert full name and address or legal title of Owner) P.O. BOX 250 EAGLE, CO 81631-0250 as Obligee, hereinafter called Owner, in the amount of ONE MILLION ONE HUNDRED SIXTEEN THOUSAND TWO HUNDRED THIRTY NINE AND 00/100 Dollars ($ 1,116,239.00), 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 dated March 11th, 2003, entered into a contract with Owner for (Here insert full name address and description of project) " 2003 OVERLAY PROJECT" LOCATED IN EAGLE COUNTY, CO in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Archftect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA O FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 173b N.Y. AVE, NW., WASHINGTON, D.C. 20006 F~RFORMANCE BONS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract the Owner having pertormed Owner's obligations thereunder, the surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 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 damage for which the Surety may be liable hereunder, the amount of the contract price", as used in this paragraph shall mean the toral amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by owner to Contractor. 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination 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 Owner, and make available as Work progresses (even though there should be a default or a succession of Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators, or successors of the Owner. Signed and sealed this 11th day of March, 2003 Witness Stephen J. Kaspar Assistant Secretary ELAM CO RUCTION INC. ri Seal. (T'~le) Harold F. Elam, President + ~T~' Witness AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Surety Seal eL~ (Title) MARK SWEIGART, Attorney-in-Fact AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AU10 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 9738 N. Y. AVE., N.W., WASHINGTON, D.C. 20008 THE AMER~AN INSTITUTE OF AF~I-IITECTS ,,...~ t~`~ly~`I~/,~ .,~- :.~ ~~ ,.~,~` Bond #929283833 AIA Document A311 dab®r and Material Payment fond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) 1225 SOUTH 7TH STREET GRAND JUNCTION, CO 80151 as Principal, hereinafter called Contractor, and, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA CNA PLAZA CHICAGO, IL 60685 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto EAGLE COUNTY ROAD 8 BRIDGE (Here Insert full name and address or legal title of Owner) P.O. BOX 250 EAGLE, CO 81631-0250 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE MILLION ONE HUNDRED SIXTEEN THOUSAND TWO HUNDRED THIRTY NINE AND 00/100 Dollars ( 1,116,239.00), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated March 11th, 2003 entered into a contract with Owner for (Here insert full name address and description of project) "2003 OVERLAY PROJECT" LOCATED IN EAGLE COUNTY, CO in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA O FEBRUARY 1870 ED THE AMERICAN INSTITUTE OF ARCHITECTS,173b N.Y. AVE., N.W., WASHINGTON, D.C. 20008 LABOR AI~ MATERIAL PAYM~IT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if 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 void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct con- tract 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 above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, 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 Owner shall not be liable for payment of any costs or expenses of any such suit. party to whom 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, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any state 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. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other that one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within (90) day after such claimant did or performed the last of the work or labor, or furnished the las of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the Signed and sealed this 11th day of March , 2003 . (Witness) Stephen J. Kaspar Assistant Secretary ~~,~, tWitness) c) Other than in a state court of competent for the jurisdiction in and for the county or other political subdivision of 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. 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 Surety of mechanic's liens which may be filed of record against said improvements whether or not claim for the amount of such lien be presented under and against this bond. ELAM CONST CTION INC. (Princi (Seal) Harold F. Elam~tPeresident AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA (Surety) (Seal) L le) Attorney-in-Fact MARK SWEIGART, Attorney-in-Fact AIADOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AWo q FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS,1738 N.Y. AVE., N.W., WASHINGTON, D.C. 20008 • . . POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Darrell C.R. Olson, Darrell C.R. Olson, II, Mark Sweigart, Cheryl M. Husted, Individually of Englewood, Colorado their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bend them thereby as fully and to the same extent as If such Instruments were signed by a duly authorized officer of their corporations and all the acts of said Attomey, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. be In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to hereto affixed on this 10th day of May, 2002. ~*y ~wCp` c IN~URq~~ ~ppANr o~ cA~~rB ~ ~~' ~,~ptepr~~o ~ f j:~ ~ OV SEAL ~ ~ S MY 71. ~ - ! + Isoz ~~ 1897 ~ MARS"' ~ Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 10th day of May, 2002, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL' ~ , DIANE FAULKNER Notary Public, State of Illinois ~~~ My Commission Expires 9/17/05 My Commission Expires September 17, 2005 Dlane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis; Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still " f r In testimony whereof have hereunto subscribed my name and affixed the seal of the said corporations this 11TH. day of ~ LU~j _ C~w(T ~ 1NSUR ~~~ ~ ,'~'F ~°` Continental Casualty Company ~voatrf ~ n ~~ ~ec~~r~c National Fire Insurance Company of Hartford ~ v ~c $ at American Casualty Company of Reading, Pennsylvania O ~ J{ILY 71. ,~ u SEAL ~ s ~ e Isoz ~.~ /} 1897 ~ NAtI~~ • `•C~ Mary A. Ribikawskis Assistant Secretary (Rev. 10/11/01) LIABILITY INSUI~IC~~~Ri B DA 3/11 03 CERTIFICAI~ OF acoRD 0 ~, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE Olson & Olao ~,td. e Services ~ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR E AFFORDED BY THE POLICIES BELOW. suraac Diatiacti ALTER THE COVERAG PO Sox 1467 $aglewood CO 80150 INSURERS AFFORDING COVERAGE Phoae:303-761-0085 Fax:303-788-1817 ul Fire & Marine Ins. Co P a INSURER A: St. INSURED INSURER e: St. Paul Fire & Marine Ins. Co $lam Construction, Inc. INSURER C: Great American Iasuraace Co. Attn a Heather 1225 South 7th Street INSURER D: Graced Junction, CO 81501 INSURER E: COVERAGES 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 RS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POL LTR ICIES. AGGREGATE LIM TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P DATE MM/DD OLICY EXPIRATION DATE MM/DD UrypTg EACH OCCURRENCE $ 1, O O O s O O O GENERAL LIABILITY 10 / O 1 / 0 2 10 / O 1 / 0 3 FIRE DAMAGE (Anyone fire) $ 3 0 0 , 0 0 j~ ]( COMMERCIAL GENERAL LIABILITY RKO 8 3 018 8 4 MED EXP (Any one person) $ 10 ~ 0 0 0 CLAIMS MADE ~ OCCUR p~gpNAL g ADV INJURY $ 1 i 0 0 0~ 0 0 0 X Blkt Contractual sx Bam. au essx R71TIN6~ GENERAL AGGREGATE $ 2 , O O O , 0 0 0 X ° XCU ° iac luded At S'Qp$RIOR PRODUCTS -COMP/OP AGG $ 2 i 0 0 0 i 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JEC LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ 1~ 0 0 0~ O O 0 10/01/02 10/01/03 (Eaacddent) B X ANYAUro gR08301884 ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per aoddent) ]( NON.OWNEDAUTOS X C'OntZ'actual IaCl PROPERTY DAMAGE $ (Per acddent) POLLUTION) X MC.'.S-90 Included (I+TD AUTO ONLY-EA ACCIDENT $ GARAGE LIABILITY EA ACC $ ANY AUTO •lonaYS xorxca Boa xoravax OTHER THAN AUTO ONLY: AGG $ M$NT OF PR$MIUM EACH OCCURRENCE $ 1~ 0 0 0 i O O O EXCESS LIABILITY 10/01/02 10/01/03 AGGREGATE $1, 000, 0 R ~ CLAIMSMADE TQQ5950187 C X occu AM B$ST $ RATINGa $ DEDUCTIBLE A XII $ X RETENTION $ - O - TORY LIMITS ER WORKERS COMPENSATION AND E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYE E $ E.L. DISEASE -POLICY LIMIT $ I A I Leased/Rested $c~t I CK08307890 10/O1/02I 10/O1/03I $ 750,000 $5000 Ded ]ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMEN775rtvuu r,cv~w,..,.~ Projects 2003 Overlay Project, $agle County, CO - Additional Insured as respects General Liability per form #G0322: $agle County, State of Colorado Modified for firm notice of cancellation ~f~ CFIA9~GED SO AS TO AFFE IIFICATE CERTIFICATE HOLDER Y ADDmoNAL INSURED; INSURER LETTER: A CANCELLATION $AGLSAG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATOOI DATE THEREOF, THE ISSUING INSURER WILL MAIL * 3 0 DAYS WRITTEN CATS HOLDER NAMED TO THE LEFT, L $agle County NOTICE TO THECERTIFl Road & Bridge Department 1 P.O. Box 250 ~~~. Sagl e ~ CO 816 31- 0 2 5 0 AUTHORIZED Iji~PRESENTATIV~~ r-, n 25-S 1988 ~T Specifications Hot Bituminous Pavement Surface Course Description • Per Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction, 1999" Subsection 403.01. Materials Per Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction, 1999", Subsection 403.02 except: The job-mix formula shall be a laboratory mix design furnished by the Contractor for approval by the Engineer. The job-mix formula maybe one from a previous project that is still applicable, or one prepared specifically for this project. The bituminous material shall be AC-10, and the minimum AC content of the mix shall be 6.00%. The bituminous mixture shall be grading CX. Tests for cleanliness, abrasion loss, and percent of fractured faces shall be furnished by the Contractor, either from previously applicable testing, or specifically performed for this project. Construction Requirements Per Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction, 1999", Subsection 401.07 through 401.20, and shall be as directed by the Engineer. Tack coat shall be applied to all bituminous interfaces. The Contractor shall place a string line to horizontally guide the paver operator. Where the surface course adjoins driveways or existing pavements, the transition shall be accomplished by feathering in a minimum distance of 6 feet. Feathering shall be accomplished by luting out the large stone after which the area shall be rolled, and then the feathered edge generously tacked and sprinkled with clean, dry sand. ff a fine blending is not achieved in this manner, it may be necessary to preheat the feathered edge prior to tack and sand application. All intersecting streets shall be surfaced back to the "spring point" of the intersecting roadway and feathered in to the existing pavement in the above prescribed manner. i U V- VI4K T6Iti eefifloale la lastmd a! o ammer ofle{enrmtion only aed aeofots ao rlgbm upm yoc the eecUtleute holds. T61a eoet4fioetc 18 not an In6u~(paoa poUcy sad abcs not amoad, ozkad, or altar khd coverage uEFm'dad br Uto oolieies lielad below, 7'ltls tl to eertliy that (Noma end addrt:ss of>taettred) SLAM CONSTRVCTION 1NC.0.ND IiiR~~~d~i~ BLUI?JOP I:N'TBItpItISB9 QIC ~~M~ 1225 50UTtI 7TH STREET GRAND JUNCTION, CO @1501-7946 attC iv nM nltced 6v eev.eeei.~n,e,,. B irdtlon T - e - Coniinuovs I.xCeaticd X Polity Terns Workotg Compensation General Liability Claims Made Oct:urnacc Retro Date Agtoeolobr~e Liabllity Owned Non-Owned liircd Bach Accident or Occarron~ Esch Accidorrt or Occarregce C ?roJeot aoo3 Eagle Colmty overlays O M M - E N T S -.z we cc~vucuc eapmapn oea:e eommuoua er Wan4eA term, you wilt be aolifled ITeowa[aee is terID6iWat or feducad bd6ro 160 osrdstcere eap6otbn data. 8orravor, you wltl no! be aetiBed aaemuy of Use eetlrlhlutliva of coverage. Spacial NoUoe ~ 0610: Any pateou who. w6lr latent b dafrotld or {mowbg t6et hs /she to >3olWatlrg u fiaad agoloat m 6twr<er, dnbm® na appUrutica or 61ee o cislm eor~6tutg a lhlso m doobbdvc at0tcmmk !t g:o!!y oPlaelea0ao oaud 1m~rlwn Infotioatioa b Florida Polioyholdots end cordDeab 4o1d~: m 16e avast you have eW' gvoalions or ~ uttb®Uonabeut @tit cad9eau fa ota• season p6msa wdsct yms local sakes producer, chase mme sad m(apb0ae aambcr ttppeaa b the (over htR eomaz oplhls cenl0cato. 76e eppropr6do local soles office mrWagntdtess may also be 0btnlaed by oaWog thla 0:ra:ba; No4a of caeeeUaslon (4ot oppiieable tmlese a number of days b etdaeed beMw) . BolDre 16e etakd exP6atlatt ditto a+e compagy,vlU tat amen! or redacc dte loetuoaoc a$brdEd aedec eBo cbpvc pnUeles umU of !cost 30 deya aolloe of stab caecellatloe bar beets oisiled to: Ofllco : ENdLEWOOD, CO Phono; 303.799-0618 Ccrtilieste Holder: Eagle County Road ~ Bodge P.o. Box 250 Isagle, CO 91631-0250 ~, Sandra J. FoY Date Iesttcd: 03/122003 Prepared B': KL by tMa Compagy uadcrtho ~wlley(los) Ueted bebw, T6o Insutsoce ellbrdad by Utc Ustcd pollayCas) u euilJoct m oU thetr tame ......a:.i......~.... ~.__. _ ~.-- ~--~--~ --~- - • ~ ' ~-• -, ._ ..._ ~ mwlwiom end condidom 07/01/2003 WC2.191~18482-012 Coverage afforded ardor wC taw of Bmployers Liability eho following etut~+e: Bodily IgOgry By Accident ~ 5500,000 Ruch Atxideut Bodily Ill~wy $y Dlseaele $500,000 PoliryLimlt Bodgy Iq~uty By Disease $500,000 Each Person Genet~ll ASgrugate-Other tlwa Prod/Compleled OlterationB Prodtlcte/Completed Operadoos A,gglregate Bodtly ~ujtuy and Propotty Damage LiabWty Per Occurrence Porgotaal and Advertising ~lar'J' Yer Pardon / Or tlot0 Other Liability Other Liabtliiy Bach Acddertt -Single Limit - B, L and P. D. Combinod Each Parson ZiZ'd L~'ON ~ WdfZ:ZS £002'Zi°21H6J ,.; • Page 2 Hot Bituminous Pavement Specifications Eagle County crews will fine grade and prepare the subbase surface for application of hot bituminous pavement for new construction. Method of Measurement Per Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction, 1999", Subsection 403.04. Basis of Payment The accepted quantities of hot bituminous pavement surface course will be paid for at the contract unit price per ton or centerline mile for the bituminous mixture, complete in place. Payment will be made under: Pay Item Pam' iJnit Hot Bituminous Pavement Ton Materials Sampling, Testing and Inspection DescriUtion This work shall consist of sampling, testing and inspection of materials by a qualified independent testing laboratory, or qualified "in house" personnel. Construction Requirements Associated Item Test FregnencX Method Hot Asphalt Content Bituminous Gradation Pavement In Place Density 2 per days production Lab. Std. 2 per days production Lab. Std. 2 per days production Lab. Std. • Basis of Payment Payment shall be made under: Pay Item Pa• Materials Sampling Lump Sum Testing and Inspection :~~~~~x~~~x~~~x~x~x~~x~~x~~x~~~x~x~x~~xx~x~~x~~*~~x~~x~~x~~x~x Shoulder Gravel Descri~h' on This work consists of furnishing and placing one or more courses of aggregate and additives, if required, on a prepared subgrade to construct shoulders adjacent to the paved roadway. Materials The aggregates shall be Class 6 Aggregate Base Course in accordance with subsection 703.03 of Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction, 1999". Construction Requirements Placing: If the required compacted depth of the aggregate base course exceeds 150 mm (6 inches), it shall be constructed in two or more layers of approximately equal thickness. The maximum compacted thickness of any one layer shall not exceed 150 mm (6 inches). When vibratory or other approved types of special compacting equipment are used, the compacted depth of a single layer maybe increased to 200 mm (8 inches) upon request, provided that specified density is achieved and written approval is given. Mixing: The Contractor shall mix the aggregate by methods that insure a thorough and homogenous mixture. Shaping and Compaction: Compaction of each layer shall continue until a density of not less than 95 percent of the maximum density determined in accordance with AASHTO T180 has been achieved. The surface of each layer shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly keyed. Water shall be uniformly applied during compaction in the quantity necessary for proper consolidation. Compaction of shoulder gravel shall be accomplished by wheel rolling, as directed. ~ ~ Method of Measurement Shoulder gravel will be measured by the ton, or by the cubic yard compacted in place. Basis of Payment The accepted quantities of shoulder gravel of the class specified, will be paid for at the contract price bid per ton or per cubic yard as shown in the bid schedule. Payment will be made under: Pa Item Pav Unit Shoulder Gravel Ton ~~~~~x~x~~~~x~~~x~x~x~x~x~~x~~~~~~x~x~~~~x~~~x~~~~~x~ Tack Coat Descries Per Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction, 1999", Subsection 407.01. Materials Per Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction, 1999", Subsections 407.04 through 407.07. Method of Measurement Emulsified asphalt materials will be measured by the gallon. The pay quantity for emulsified asphalt shall be the number of gallons after dilution with water. Basis of Payment The accepted quantities, measured as provided above, will be paid for at the contract unit price per gallon for each of the pay items listed below that appear in the bid schedule. ! • Payment will be made under: Pay Item Pay Unit Emulsified Asphalt (CSS-lh or SS-lh) Gallon Water used to dilute emulsified asphalt will not be paid for separately but shall be included in the work. ~x~~x~~~~~~x~~~~~~~~~~~~~~~~~~~~x~~~ Construction Zone Traffic Control Construction Zone Traffic Control per Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction, 1999", Subsections 630.01 through 630.14, inclusive, except as follows: 630.13 Method of Measurement: Delete everything. Replace with the following: Construction Zone Traffic Control will be measured On a lump sum basis. 630.14 Basis of Payment: Delete everything following the second paragraph and replace with: Payment will be made under: Pay Item Pay Unit Construction Zone Traffic Control Lump Sum • • ROAD & BRIDGE DEPARTMENT GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure 6y Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Owner. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may. grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances -were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. a 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing if to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 10. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may 6e liable. 11. Contractor shall keep the premises/work site and surrounding area free from accumulation of debris and trash related to the Work. 12. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. Contractor shall also furnish other bonds as are required by the supplementary conditions. All bonds shall be in forms satisfactory to Owner, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certficates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of the preceding paragraph, Contractor shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to Owner. 13. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor's • • Work is damaged by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them; or by anyone for whose acts any of them may be liable. All. such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment, and famish Owner with evidence of continuation of such insurance at final payment and one year thereafter. Insurance coverage shall be as follows: Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; Claims for damage because of bodily injury, sickness, disease, or death of any person other than his employees; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the Agreement; Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under the Agreement performed for the Contractor by subcontractors. Completed Operations Liability Insurance issued~to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising • between the date of final cessation of the Work, and the date of final acceptance thereof out of that part~of the Work performed by each. Comprehensive Automobile Insurance: All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage forms of policies, as the case may be. The Contractor shall in addition, and in the amounts required under the above, obtain protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Owner with respect to all operations under the construction contract by the Contractor or his subcontractors, including omissions and supervisory acts by the Owner. Builder's Risk Insurance: Insofar as the Work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by Owner, Contractor shall procure and maintain, for the duration of the Work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contracf price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this contract which is considered not to exceed one hundred percent (100%) of the amount of this contract and authorized extras. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the Owner to do Work on the projects. Comprehensive Risk Policy Option: In lieu of the several policies specfied for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the Owner, will be permissible. Insurance covering claims for damages to persons or property shall at a minimum provide coverage of the larger of (i) $500,000 each person/$1,000,000 each occurrence, for bodily injury and $600,000 each occun'ence~for property damage, (ii) the maximum liability of a local government provided in the Colorado Governmental Immunity Act, 24-10-101, et seq., CRS (1973) as that may be amended from time-to-time, or (iii) such greater amount(s) as may be required by law. Insurance shall be placed jointly in-the names of the Owner, Contractor, and any and all subcontractors, and any and all others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or • • persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of .such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided. for by progress payments covering the original Work. Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain provisions naming- the Owner as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given the Owner. Contractor and his subcontractors shall not permit any of his subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the Owner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner's rights hereunder. 15. Owner, at its option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of his subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his own policy. 17. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 18. After execution of the Agreement, changes in the Work may be accomplished by Change Order of by order for a minor change in the Work. Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions. a. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made. b. A Change Order shall be a written order to the Contractor signed by Owner to change the Work. c. Owner will have authority to order minor changes in the Work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly. 19. ~ Progress Payments: If the project is subject to progress payments, not more often than once a month, Contractor shall submit to Owner an application for payment filled out and signed by Contractor covering the work completed as of the date of the application, and accompanied by such supporting documentation as Owner may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner's title to the material and equipment, and protect Owner's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Owner will, with ten days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. Owner shall, within twenty days of recommendation of payment, pay Contractor the amount recommended. 20. Final Payment: c: Upon written notice from Contractor that the work is complete, Owner will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. After Contractor has completed all such corrections to the satisfaction of Owner, and delivered all maintenance and operating- instructions, schedules,. guarantees, bonds, certificates of inspection, marked-up record documents or as-built drawings covering all of the Work, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which Owner or his property might in any way 6e responsible, have been paid orotherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may fumish a bond or other collateral satisfactory to Owner to indemnify against any lien. 21. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38-26-107. 22. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens"). 23. Contractor's obligations to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work 6y Owner shall constitute an acceptance of Work i not in accordance with the contract documents or a release of Contractor's obligation to perform the V1/ork in accordance with the contract documents. 24. If Contractor fails to correct Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop the Work until the correction is made. 25. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 26. Contractor warrants to Owner that: (1) materials and~equipment furnished under the Agreement will be new and of good quality; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Agreement. 27. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one year after the date of completion, or such longer period of time as may be set forth in the Agreement (including the Bid), prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective; Contractor shall promptly, without cost to Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site, and replace it with nondefective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall 6e paid by Contractor. 28. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, con'ect such deficiencies. In such case, the Agreement maybe terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 29. The performance of the Work may be terminated at any time in whole, or from time-to-time in part, by Owner for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ("Notice of Termination") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice. and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner's properly). Among other things, Contractor shall, except as otherwrise directed or approved by Owner: a. stop the Work on the date and to the extent specified in the Notice of Termination; b. place no further order or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; c. terminate all orders and subcontracts to the extent that they relate to the pertormance of Work terminated by the Notice of Termination; d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f. deliver to Owner, when .and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost incurred after the effective date of the Notice of Termination shall be treated as a reimbursable cost unless it relates to carrying out the unterminated portion of the Work or taking closeout measures. ~ • Cti w w ~ O O 1 w w O ~ .a O ~ o G N xQ rn ~ ul ~ f~ ~ w ~ 0 ~ Ol w n C~1 w ~ ~ ~ ~ ~"~ ~ ~ ~ ~ ~ ~ fi} ~ ~O ~ rl ~ ~} {fl- ~ ~ f~ O O ~ ~ . A ~ ~ O Q ~ ~ ~ a c ~ v ~ ~ a Q ~ ~ a ~~j a ~ "~ ~ ~ ~ ~ • W O H W C W O H O ~ N O Q u ~, N r-I n ~ ~ \ ~ N 1 ~ \ ~ W O ~t Q ' ;, j ^ cn ao O S ~ 1 N Q ~ ~G+ ~t G ' ~ ~ , ~+ ao a0 tf} tr1 1~ ~ ~ s~ O D, u ~ ~ a a 0 0° ~ ~ ~ z ~ ~ ~ ~ z° ~ ~ z . ~, o ~ ~ , ~ s•+ a~ ar F N ~ ~ U ~~ W ~ Q ~ O w ~ e p ~ ~ ~ W fx1 cd ~ V~ .IJ H ~ ~ 0 j V w a i • ~9 111111111 pG ~ 0 H .~ U G b ~ ~ O • ~t a U 9~ A a 0 Q ~ a° • ~ ti L O Q 0 u w A a 0 A z F A w O u a