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HomeMy WebLinkAboutC03-193 S. Robert Levine CONSTRUCTION IMPROVEMENTS AGREEMENT File No. G00015 THIS CONSTRUCTION 1MPR VEMENTS AGREEMENT ("Agreement") made and entered into this ~ day of , 2003, by and between S. Robert Levine (hereinafter "Owner") and the Board of Coun Commissioners of the County of Eagle, State of Colorado (hereinafter "County"). WITNESSETH WHEREAS, the Owner, as a condition of approval of his petition for vacation of West Lake Creek Drive and Lake Court, desires an Agreement for the construction of public road improvements for the relocation of West Lake Creek Drive; and WHEREAS, Owner agrees to provide security or collateral sufficient in the judgment of the County to make reasonable provisions for completion of the public road improvements hereinafter described ("Public Road Improvements"); NOW, THEREFORE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: 1. PUBLIC ROAD 1MPROVEMENTS. 1.1 Public Road Improvements. Public Road Improvements are deemed to include all road improvements, including but not limited to all improvements as set forth in all documents, construction drawings, designs, maps, specifications, sketches, cost estimates, and other materials submitted by the Owner prior to or at approval of the road vacation petition and accepted by the County. 1.2 Scope of Work. The Owner hereby agrees, at his sole cost and expense, to furnish all necessary equipment and material, and to complete all Public Road Improvements as referenced in the attached Exhibit "A", and as set forth in all documents, construction drawings, designs, maps, specifications, sketches, and other materials submitted by the Owner, prior to or at approval of the road vacation petition and accepted by the County, and in accordance with all laws of the United States of America, State of Colorado, County of Eagle, and their respective agencies and affected governmental entities. Such performance shall include dedication of all necessary easements. 1.3 Duties of Owner. For those Public Road Improvements required herein, the Owner shall retain an engineer whose duties shall include construction staking, observation of construction for conformance to the approved plans and specifications, and materials sampling, testing and inspection using the Colorado Department of Highways 2001 Field Materials Manual as a guide for frequency of sampling and testing. 1.3.1 Construction Staking. Where applicable and by way of example only, the following is a highlighting of the construction staking that will be required of the Owner: a. Roadway -horizontal and vertical control every 50 feet or every 25 feet in critical areas, specifically including: -slope staking -points of curvature -points of tangency -fillet radius points -culverts -transition points for super-elevation -finished sub-grade -finished gravel b. Utilities -horizontal and vertical control every 100 feet, or every 50 feet in critical areas. 1.3.2 Testing. Where applicable and by way of example only, the following is a highlighting of the acceptance testing that will be required of the Owner: a. Utility and drainage culvert trench backfill under roadwayprisms -one density test per 200 C.Y. of backfill or a minimum of one test per roadway crossing. This will require daily visits to the site by a testing laboratory when utilities or drainage culverts are being backfilled within the roadway prism. b. Embankments for roadway -one density test per 2,000 C.Y. of any additional embankment(s); and one density test per 500 C.Y. when within 100 feet of bridge approaches." c. Finished sub-grade -one density test per 2501ineal feet of roadway. d. Finished Aggregate Base Course and Aggre atg e Top Course- one in- place density test per 2501ineal feet of roadway. 1.3.3 Notification/Road Construction. Owner or his Engineer shall notify the Eagle County Engineer for the purpose of arranging an on-site inspection no less than forty-eight (48) hours in advance of the following stages of road construction: 1) Finished sub-grade 2) Finished aggregate top course • The County Engineer shall make an on-site visit within the forty-eight (48) hours notification or as shortly thereafter as reasonably possible for the purpose of observing proof rolls on items 1) and 2) above and for general observation of construction methods being employed at these stages. Said on-site inspection by the Eagle County Engineer shall in no way abrogate the duties of the Owner outlined elsewhere in this Agreement. The Owner shall provide the proof rolling by arranging for a loaded single unit truck carrying 18,000 pounds per rear axle. 1.3.4 Test Reports. All test reports shall be consecutively numbered, with copies furnished directly to the Eagle County Engineer from the laboratory as they are reported to the Owner or his engineer. 1.3.5 As-Built Drawings of Public Road Improvements. Record drawings, sealed, signed and dated by a Registered Professional Engineer showing the as-constructed horizontal and vertical locations of Public Road Improvements shall be submitted to the Eagle County Engineer prior to commencement of the two year warranty period and the final release of Collateral by the County. 1.3.6 Affidavit of Monumentation. An Affidavit of Monumentation sealed, signed and dated by a Registered Professional Land Surveyor stating that the road easement has been monumented in accordance with § 38-51-104, C.R.S., shall be provided to the Eagle County Engineer prior to the acceptance of the Public Road Improvements by the County. 1.4 Date of Com lep tion. All Public Road Improvements shall be completed prior to September 30, 2003. 1.5 Approval and Acceptance of Work. 1.5.1 Copies of all test results corresponding to work which is being inspected and any other information which may be necessary to establish the satisfactory completion of the work for which inspection is requested must be submitted prior to said inspection. All such information shall be accompanied by a letter from the Owner's engineer verifying the satisfactory completion of the work performed to date. 1.5.2 Notwithstanding Section 1.3.3 above, promptly after receiving a request for inspection and the required documentation, the County Engineer shall review the information presented and, if necessary, make an on-site inspection of the work completed. 1.5.3 All said work shall be done to the reasonable satisfaction of the County Engineer, and shall not be deemed complete until approved and accepted as complete by the County. 1.6 Estimated Costs of Public Road Improvements. The estimated cost of the Public Road Improvements is the sum of $435,338, as summarized in Exhibit "A". To secure and guarantee performance of his obligations as set forth in this Section 1, the Owner hereby agrees to provide security and collateral in the form and as set forth in Section 2, below. 3 2. SECURITY and COLLATERAL. 2.1 Collateral. Security and Collateral required in Section 1.6 herein, as security for the performance by Owner of his obligations under this Agreement, shall be in the total amount of $435,338. The Owner shall obtain collateral in the form of cash or in other form acceptable to the County ("Collateral") prior to construction. 2.2 Partial Release of Collateral. Owner may apply to the County for the release of portions of the Collateral based upon work completed in accordance with this Agreement. To make such releases, Owner shall request the County Engineer to inspect the work in order to verify satisfactory completion in accordance with plans and specifications in accordance with Section 1.6. 2.3 Final Release of CollateraUWarranty. Within thirty (30) days after Owner has completed all of the work required by this Agreement and the work has been approved and accepted by the County, the entire remaining amount of the Collateral, less an amount equal to ten percent (10%) of the original Collateral, shall be released. There shall be a two-yeaz correction period from the time of completion of the Public Road Improvements during which time the Owner shall promptly correct or remove and replace, in accordance with the County's written instructions, defective work or materials and consequences thereof. Repair or replacement made under the two- yeaz correction period shall bear an additional one-yeaz correction period from the acceptance of the repair or the replacement by the County Engineer. The work shall be inspected, at the request of the Owner, no less than sixty (60) days prior to expiration of the one-yeaz additional correction period, and any deficiencies shall be noted to the Owner. The work shall be collateralized during the correction period either through the retention of Collateral, as set forth above, or Owner may provide substitute form of Collateral as set forth in Section 2.4 hereunder. In no event shall Owner be responsible hereunder beyond the expiration of the one-yeaz additional correction period. 2.4 Substitution of Collateral. The Owner may at any time substitute, for the Collateral originally deposited with the County, another form of collateral acceptable to the County to guazantee the faithful completion of the Public Road Improvements referred to herein and the performance of the terms of this Agreement. At the time of substitution of collateral, an inflationary and/or deflationary factor based upon the Denver-Boulder, Colorado Consumer Price Index for All Urban Consumers, All Items (1967=100) published by the U.S. Bureau of Labor Statistics, 303-837-2467, or, alternatively, an approved construction cost index, shall be used to determine an adjusted estimated cost for all Public Road Improvements as described herein, and collateral shall be submitted by the Owner in accordance therewith. 2.5 Draws. Draws against the Collateral shall only be made as directed by written Resolution of the County, stating that there has been an event of default under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Collateral must be applied for the purpose of completing the work required by this Agreement and related expenses and costs. 4 • 2.6 Events of Default. The following events shall be deemed "Events of Default," entitling the County to draw on the Collateral: 2.6.1 If Owner has not completed the work required by this Agreement within thirty (30) days prior to the Date of Completion set forth herein, the County may, after ten (10) working days written Notice to Owner, draw upon the Collateral an amount sufficient to complete said work and compensate the County for its reasonable costs and expenses related to said draw. 2.6.2 If the original collateral presented to the County (or any extension thereof) is due to expire and the work is not yet completed, and Owner has not provided substitute collateral or the bank's written extension to the original collateral (as it may have been previously extended), the County shall draw on the Collateral according to the provisions set forth in this Section 2. It is Owner's responsibility, with or without notice, to ensure that the Collateral is extended, or that substitute collateral is provided in a form acceptable to the County, at least ten days prior to its expiration. If Collateral is neither extended, nor substitute collateral provided, in a form acceptable to the County, at least ten days prior to its expiration, the developer shall pay the County an additional $500 (Five hundred dollars) for the additional administrative work required because of the failure to extend or substitute collateral in a timely manner as required by this agreement. 2.6.3 If the Collateral is substituted, as otherwise provided herein, this Agreement may be amended or modified in order to set forth specific Events of Default deemed necessary, in the County's sole discretion, commensurate with the type of collateral substituted. 2.7 Costs and Ex ep nses• Owner agrees to pay any costs and expenses, including but not limited to reasonable legal fees, which the County may incur in determining to accept collateral, in drawing upon the Collateral, or in accomplishing an extension of its expiration. 2.8 Materials and Payment Bond. In addition to the Collateral described herein, the Owner shall provide to the County a Materials and Payment Bond to ensure that all contractors, suppliers and materialxnen are paid. Such bonds shall conform to the requirements of Title 38, Article 26, Colorado Revised Statutes. Owner shall also retain funds from all contractors employed for Public Road Improvements as required by said Article, and further shall coordinate with the County Attorney to ensure proper Notice of Final Settlement and Retention of Funds, as required. 2.9 Liability of Owner. Except as hereinafter provided in Section 3 hereof, the liability of the Owner hereunder shall be limited to the amount of the collateral and Materials and Payment Bond provided for herein; provided, if the actual cost of construction exceeds those amounts, nothing herein shall reduce Owner's contract liability to the County in that greater amount. • 3. INSURANCE and INDEMNIFICATION. 3.1 Indemnification. Owner shall indemnify and hold the County harmless from any and all claims made against the County by any contractor, subcontractor, materialmen, employee, independent contractor, agent or representative involved in the work necessary to comply with this Agreement, or on account of any other claims against the County because of the activities conducted in furtherance of the terms of this Agreement. This indemnification and hold harmless provision shall include any reasonable legal expenses or costs incurred by the County. 3.2 Certificates of Insurance. The Owner shall secure from any contractor or subcontractor engaged in the work necessary to comply with this Agreement a Certificate of Insurance providing for liability protection in the minimum amount of $150,000 per individual and $600,000 per occurrence, naming the County as an additionally named insured. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. 3.3 County Incurs No Liability. The County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the Public Road Improvements specified in this Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reason of the nature of said work on the Public Road Improvements, but all of said liabilities shall be and are hereby assumed by the Owner. The Owner hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any performance by the Owner hereunder prior to acceptance; and the Owner shall reimburse the County for any and all reasonable legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Owner may have. 4. GENERAL PROVISIONS. The following shall apply to all Public Road Improvements set forth in this Agreement: 4.1 Compliance with Land Use Regulations. The Owner shall be required to obtain all necessary permits and comply with the provisions of the Eagle County Land Use Regulations, including but not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter. V), as the same are in effect at the time of commencement of construction of the Public Road Improvements referred to herein. 4.2 Construction Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions of this Agreement and the Eagle County Land Use Regulations, the provisions of this Agreement shall in all respects govern and control. 4.3 Acceptance of Road Improvements. The County agrees to the acceptance, pursuant to § 43-2-2oi(1)(a), C.R.S., of the Public Road Improvements set forth herein upon Owner's compliance with the terms and conditions of this Agreement. Such acceptance shall be evidenced by acceptance of the newly constructed portion of West Lake Creek Drive for maintenance by Eagle County. Until acceptance occurs, the Public Road Improvements shall not be made available for use by the general public. 4.4 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 4.5 Assignability. This Agreement shall be enforceable against the Owner, provided, however, that in the event the Owner sells, transfers or assigns all or part of the property owned by him, the obligations of the Owner under this Agreement as to that portion of the property may be assumed in writing by the purchaser of the parcel, and the Owner shall have no further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the County gives its prior written approval to such assumption following an investigation of the financial condition of the purchaser. The Owner shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 4.6 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.7 Sole Responsibility of Owner Prior to Coun , Acce tp ance. It is further agreed and understood that at all times prior to the completion and acceptance of the Public Road Improvements set forth herein by the County, each of said improvements not accepted as complete shall be under the sole responsibility and charge of the Owner. When it is necessary to allow the general public to utilize the roadways under construction by the Owner, traffic control and warning devices shall be placed upon such roadways by the Owner in accordance with the Manual of Uniform Traffic Control Devices, Millennium Edition as prepared by the U.S. Department of Transportation, Federal Highway Administration. 4.8 No Rights in Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Owner or the County or the officers, employees or agents of either because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 4.9 Notice. Notice required pursuant to the terms of this Agreement, except notice to the County Engineer pursuant to Section 1.3.3 hereof, shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. 4.10 Enforcement and Attorney Fees. The County may enforce the provisions of this Agreement in the same manner and with the same remedies applicable to the enforcement of • land use regulations pursuant to the Eagle County Land Use Regulations, as they may be amended from time to time, or as otherwise provided by law. Alternatively, the terms of this Agreement maybe enforceable by the Board or its designee by any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement, or injunction. The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies provided by law. The prevailing party in any action brought pertaining to this Agreement shall be entitled to an award of costs and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 2003. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ' is ael L. a agher, Cha' Address for giving notice: P.O. Box 850 Eagle, CO 81631 (970) 328-8685 OWNS 120 Aviation Avenue Portsmouth NH 03801 With a copy to: John W. Dunn, Esq. Dunn & Causey, LLC 90 Benchmark Road, Suite 201 P.O. Box 7717 Avon CO 81620 APPROVED AS TO FORM: ~--- ~~- ~- 8,,. , ,. Eagle County Attomey'S Office County Commissioners Address for giving notice: STATE OF NEW COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this ~ ~-~ ~` day of ~ Vi °~. , 2003, by S. Robert Levine Witness my hand and official seal. My commission expires: 08:19am From-Dunn ~ Ca~,LLC +9707498881 • T-161 P.002/004 F-754 ' G7f 6G~73 X77: 4C1 ~ f 177LDJl7C~ LKF' t.NlilNttlllN[~1 1NC~ I~RGE 02 LKP engineering, Inc. CTVIL/C,$oTEGE'{N1[CAL May az, 2003 S. Robert X,,,eviue c/o 1V1s. Gene Owens P.o. Box lszo plaiGytow, NH 03865 R.E: Coat Estimate - Westbake Creek Drive Relocation Casteel Creek Ranch Bagle County, Colorado j~mjectxo. 02027 Deaz Kyle: Follawi~ag is the cost estmva~te for the construction of the Well Lake Creek Drive Relocati~a: 1 Tree Removal St Grab 2 Topsoil g~oval/Stockpile 3 Culvert .vn 4 Crew Access/.Haul Read into 1Vleadow 5 Build Neer Road, I~oaprave Ridge Road ~ Revege~H.oa 6 Final Glade ~ Draiusge 7 Ridge Road. Calvert Installadon S Lower Lake Creek Road ~o01Vlatch New ' 9 Cleo-rnat Road l0 Topsoil all sew Roadways l l Road base F~tire New Roadway 12 ~~ ~ ~ ' 13 Reclaioaa~xistiuag West Lake Creek Drive 14 duality Cool Tvinl If you lsave say questions, please do not hesitate to caU. e s;n~~re~y> LISP Engineeriooig, V ~~ Lui~a Pe~provska, President Copies farad m~ Thomas & Warner Constrr3ction LLC at 926A081 C_1gIp10-WCPIti202?COST~wpd $9,450.00 S23,082.50 $5,49350 $3,650.00 $150,325.00 Sx2,800.00 $3,027.00 $19,300.00 $8,950.00 536,500.00 $7~,7G0.00 $38,000.00 $25,000.00 $22,000.00 5435,338.00 EXHIBIT „ n T,_~ Leo ~ r-i____r_ nn e, ~~.. in•fm nne nnoo -re- ~e~n~ n~c onQa R4.. ~** * * + *, CONTRACTOR (Name and Address): Thomas & Warner Construction, LLC PO Box 1921 Edwards, CO 81632 OWNER (Name and Address): County of Eagle, State of Colorado PO Box 850 Eagle, CO 81631 CONSTRUCTION CONTRACT Date:June 3, 2003 PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. SURETY (Name and Principal Place of Business): Old Republic Surety Company PO Box 1976 Des Moines, IA 50306 Amount: $435,338 Description (Name and Location): 7.1 Road Relocation, Eagle County, Colorado BOND Date (Not earlier than Construction Contract Date):June 27, 2003 Amount: $435,338 Modifications to this Bond: ® None ^ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Thomas & Warner Construction, LLC Old Republic Surety Company Signature: Name and Title: Robert B. Thomas -Manager Signature: Name and (Corporate Seai) = Y¢~ James S. Thompson -Attorney-In-Fact (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: Brown Raynor Corporation 5575 DTC Parkway, Ste 330, Engelwood, CO 80111 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shalt be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractorand the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: • ~ond # 0542530 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. ORIC 22114 (7-93) Page 1 of 2 ' 5 If a notice required by Paragraph 4 is given ~ Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that ali funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or ~bited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) Page 2 of 2 '*yt* * OLD REPIBLIC **,*** DATE: June 27, 2003 Old Republic Insurance Company (Old Republic) as agent for: Old Republic Surety Company, Bituminous Casualty Corporation, and Intemational Business & Mercantile REassurance Co. TO BE ATTACHED TO AND FORM PART OF CONTRACT BOND NUMBER: 0542530 PRINCIPAL: Thomas & Warner Construction, LLC OBLIGEE: county of Eagle, State of Colorado RIDER -POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Rider has been provided to Principal and Obligee. Coverage for acts of ten'orism is included in the captioned bond. You should know that, effective November 26, 2002, under that bond, any losses caused by certified ads of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by Old Republic. The established annual deductible is equal to 7% of the prior years direct earned premium written by Old Republic for losses incurred in 2003, 10% for losses incurred in 2004, and 15% for losses incurred in 2005. Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified ten-orism loss beyond any applicable annual liability cap set forth in the Act The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. As defined in Section 102(1) of the Terrorism Risk Insurance Ad of 2002, a certfied "act of terrorism" means any ad that is certfied by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism. To be certified, the ad of terrorism must be: 1) a violent ad or an ad that is dangerous to human life, property, or infrastructure; 2) have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel, or the premises of a United States mission; and 3) have been committed by an individual or individuals ailing on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You have a right to purchase insurance coverage for losses arising from terrorism, or you may choose to reject the purchase. SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE The premium you have been charged for this bond includes ten-orism coverage, for a premium of $ 146.00 which you must pay within 30 days of this offer. THE PREMIUM CHARGED FOR THIS COVERAGE DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. Note: If you reiect the coveraae. you must check the box below, sign this form. and return it to the address shown above. The premium will be credited. ^ I hereby elect to have the exclusion of terrorism coverage apply to this bond. 1 understand that I will have no coverage for losses arising from acts of terrorism. The undersigned agrees that this election will apply only to this bond. James E. Lee Bond Obligee's Signature Vice President -Old Republic Insurance Company President - Old Republic Surety Company Vice President -Bituminous Casualty Corteration Vice President -Intemational Business 8~ Mercantile REassurance Co. Print Name Date ORSC 22836 (1/2003) Attach to all contrail bonds as a cover page. - ----- - ;_ - - ~1~~ = - -al~~sa~d ~ _ ~t -. =---- -=- -- - - ~ alai - ~ mot' _ ~n~.v~ ~ ~i~:i~-~-----~ = = _ =-- ---_- _ - -- - _ T_ =- ~ ---- - - = _ w~~-- _ ---- ~ ~__~- - _ ~~--- --~= - =t~sua_t~_ps_ _ _ _- - -_ ~~i~ yeti` ~e4 ~,~ - ~~i -- - - - - _ _ =_ _._. _ 27 _ c-- - - .f"'i~3~r-- _.i _- _ _ _~F~-~=~=~I ~~ -__ ~. - - _ ~~-~~t _' -- - ~- 'f1E1 :~_ __ s E -- - ~~s~r~y ~_~~ or ~~~~F3- _ .:._ ~~l~R_. '~~_ ; . ?- __ r _ `~tt~1Rt= - %~_- -_ ~~~ __ ~ $iB= = ___ ~-~ 1- _ _. ~y _ _-__,_ _ OFFICE OFTHE COUNTYATTORNEY (970)328-8685 FAX: (970) 328-8699 www.eagle-countycom f}~GL~ COUNTY July 11, 2003 Mr. john Dunn Dunn & Causey, LLC White River Center, Suite 201 90 Benchmark Road P.O. Box 7717 Avon, CO 81620 RE: Construction Improvements Agreement between Eagle County and S. Robert Levine Dear Mr. Dunn: Enclosed, for your file, is a fully executed copy of the above noted agreement. Please do not hesitate to contact our office with any questions. Thanks! Sincerely, ~:_._.::..,, v Lucy Grewe Administrative Assistant Enc. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8163 I -0850