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HomeMy WebLinkAboutC05-062 Crown Mountain Park and Recreation District to6 - 0 b Z - / n c e- e- N€' "=t N IS S...." o IS PUBLIC IMPROVEMENTS or-<<...~ AGREEMENT N ..; or-<< <11"- 01'" en III '<l o.cS CROWN MOUNTAIN PARK - File No. PDA-00055 THIS PUBLIC IMPROVEMENTS AGREEMENT ("Agreement") made and entered into - this ln1!)- day of March, 2005, by and between the County of Eagle, State of Colorado, a body - corporate and politic, by and through its Board of County Commissioners (hereinafter "County") and Crown Mountain Park and Recreation District, a quasi-municipal corporation and political subdivision of the State of Colorado (hereinafter "Developer"). WITNESSETH -- !!!!!!!!!!!!!!! WHEREAS, the Developer, as a condition of approval ofthe Crown Mountain Park application for amendment of the Mt. Sopris Tree Farm Planned Unit Development, File No. PDA-00055, desires an Agreement as provided for by the Land Use Regulations of Eagle County, Colorado, 1999, as amended (hereinafter referred to as "Land Use Regulations") Chapter II, Section 5-240; and WHEREAS, pursuant to the same authority, the Developer is obligated to provide security or collateral sufficient in the judgment of the County to make reasonable provisions for completion of certain public improvements (hereinafter described as "Public Improvements"); and WHEREAS, pursuant to Article IV, Section 4-610 ofthe Land Use Regulations, development in the unincorporated areas of Eagle County shall be planned and designed with all plans and reports prepared under the direct supervision of a Professional Engineer; and NOW, THEREFORE, in consideration ofthe 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 IMPROVEMENTS 1.1 Public Improvements. Public Improvements are deemed to include all public improvements related to this development on and off-site. 1.2 Scope of Work. Prior to any construction other than overlot grading and associated drainage improvements, the Developer shall provide complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. Prior to issuance of the initial grading permit or building permit, the Developer shall set forth the plan, method and parties responsible for completion of any required Public Improvements in accordance with design and time specifications. The Developer hereby agrees, at its sole cost and expense, to furnish all necessary equipment and material, and to complete all Public Improvements as referenced in the attached Exhibits "A" and "B," and as set forth in all documents, construction drawings, designs, maps, specifications, sketches, and other materials 1 submitted by the Developer 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 acquisition of all necessary rights-of-way. 1.3 Duties of Developer. For those Public Improvements required herein, including but not limited to the reconstruction and physical improvements of that portion of any road subject to this Agreement, the Developer 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 Transportation 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 Developer: 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. Water, Sewer, and Other 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 Developer: a. Utility and drainage culvert trench backfill under roadway prisms - 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 pnsm. b. Embankments for roadways - 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 250 lineal feet of roadway. d. Aggregate base course - one in-place density per 250 lineal feet of roadway, and gradation and Atterberg Limits test per 2,000 tons of aggregate base course. 2 e. Hot Bituminous Pavement - two asphalt content, gradation and in- place density tests per day's production. f. Concrete - Curb and Gutter, Sidewalks and Bike Paths - tests for air content, slump and compressive strength per 50 c.Y. of concrete placed or minimum of one set of tests per day. 1.3.3 NotificationIRoad Construction. Developer or his Engineer shall notify the Eagle County Engineer for the purpose of arranging an on-site inspection no less than twenty-four (24) hours in advance of the following stages of road construction: 1) Finished sub-grade 2) Finished Aggregate Base Course 3) Asphalt Placement 4) Concrete - curb and gutter, sidewalks and bike paths The County Engineer shall make an on-site visit within twenty-four (24) hours notification or as shortly thereafter as reasonably possible for the purpose of observing proofrolls 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 Developer as outlined elsewhere in this Agreement. The Developer shall provide the proof rolling by arranging for a loaded single unit truck carrying 18,000 pounds per rear axle. 1.3.4 Witnessing of Water and Sewer Laterals. It is essential that the ends of these laterals be witnessed by the Developer's engineer to a minimum of three divergent points and a permanent record made of the same. Copies of these records are required to be furnished to the Eagle County Engineer prior to commencement of the two year warranty period and the final release of collateral. In addition to witnessing of the horizontal location of these laterals, a vertical witness shall be required. Horizontal witnessing shall be to property comers, fire hydrants, manholes, and other "permanent" features. Vertical witnessing shall be based on depth below ground and elevation based on a datum used for the project. Benchmarks shall be shown on witness records. 1.3.5 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 Developer or its engineer. 1.3.6 Record Drawings of Public Improvements. Record drawings, sealed, signed and dated by a Registered Professional Engineer showing the as-constructed horizontal and vertical locations of Public 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. 1.3.7 Affidavit of Monumentation. An Affidavit of Monumentation sealed, signed and dated by a Registered Professional Land Surveyor stating that Crown Mountain Park has been monumented in accordance with ~38-51-105, c.R.S., shall be 3 provided to the Eagle County Engineer prior to the acceptance of the Public Improvements by the County. 1.4 Compliance with Colorado Department of Transportation's State Highway Access Code. Developer shall provide the County with designs in compliance with the Colorado Department of Transportation's State Highway Access Code for all road improvements. 1.5 Date of Completion. All Public Improvements shall be completed prior to December 1, 2006. 1.6 Approval and Acceptance of Work. 1.6.1 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 Developer's engineer verifying the satisfactory completion of the work performed to date. 1.6.2 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 a public inspection of the work completed. 1.6.3 All said work shall be done to the reasonable satisfaction of the County Engineer and/or the County Department of Community Development, and shall not be deemed complete until approved and accepted as complete by the County. 1.7 Estimated Costs of Public Improvements. The estimated cost of the Public Improvements is the sum of $4,552,800.78, as summarized in Exhibits "A" and "B." The estimated cost of the Road Improvements alone is $288,797.03 as set forth in Exhibit "B." To secure and guarantee performance of its obligations as set forth in this Section 1, including the completion of the required Public Improvements, the Developer hereby agrees to provide security and collateral in the form and as set forth in Section 2, below. 1.8 Landscape Guarantee. Developer has submitted a landscaping plan for Crown Mountain Park which complies with Section 4-240, Installation and Maintenance Requirements. The Developer agrees to abide by the Landscape Plan approved by the Eagle County Engineer. 1.9 Right of Way Dedication. Prior to commencement of the Warranty Period, as set forth in Sections 2.3 and 4.3, the Amended Pinal Plat dedicating additional Right of Way for Eagle County Drive needs to be approved by the County. 2. SECURITY AND COLLATERAL 2.1 Collateral. The Developer shall be required to post security in a form acceptable to the Eagle County Attorney to cover 100% of the Road Improvements (see Exhibit "B") prior to commencement of such Road Improvements. Security and Collateral required in Section 1.7 herein, as security for the performance by Developer of its obligations under this Agreement, shall be in the total amount of $288,797.03. The Developer shall obtain collateral in such form 4 acceptable to the County ("Collateral") prior to issuance of the Grading Permit and construction of the Road Improvements, as specified in attached Exhibit "C". Further, Developer shall add Eagle County as an additional insured party to the performance bond for the Developer's general contractor. See Exhibit "D" attached hereto and incorporated by reference. 2.2 Partial Release of Collateral. Developer may apply to the County for the release of portions of the Collateral based upon the work completed in accordance with this Agreement. To make such releases, Developer 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 Collate rail Warranty. Within thirty (30) days after Developer 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. Developer shall be responsible for the condition of the Public Improvements for a period of two (2) years after completion; this shall be guaranteed either through the retention of Collateral, as set forth above, or Developer may provide a guarantee bond in an amount and in a form acceptable to the County - which would be substituted for the release of the entire amount of the Collateral. 2.4 Substitution of Collateral. The Developer may at any time substitute the Collateral originally deposited with the County herein, for another form of collateral acceptable to the County, to guarantee the faithful completion of the Public 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 Improvements as described herein, and collateral shall be submitted by the Developer 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. 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 Developer 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 Developer, 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 Developer has not provided substitute collateral or the bank's written extension to the original collateral (as it may 5 have been previously extended), the County shall draw on the Collateral according to the provisions set forth in this Section 2. It is Developer'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 Expenses. Developer agrees to pay any costs and expenses, including but not limited to 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. 3. INSURANCE and INDEMNIFICATION 3.1 Certificates of Insurance. The Developer 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. The Developer, if it serves as the contractor for the Public Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. 3.2 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 Crown Mountain Park or Public 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 reasons of the nature of said work on the Public Improvements, but all of said liabilities shall be and are hereby assumed by the Developer. The Developer 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 Developer hereunder; and the Developer shall reimburse the County for any and all 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 Developer may have. 6 4. GENERAL PROVISIONS The following shall apply to all Public Improvements, including off-site improvements, set forth in this Agreement: 4.1 Compliance with Land Use Regulations. The Developer shall be required to obtain all necessary permits and comply with the provisions of the 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 Improvements referred to herein. 4.2 Public Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions of this Agreement and the Land Use Regulations, the provisions of this Agreement shall in all respects govern and control. 4.3 Warranties and Guarantees. There shall be a two-year correction period, or such longer period as may be prescribed by law, from the time of completion of the Public Improvements during which time the Developer 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-year correction period shall bear an additional one-year correction period from the acceptance of the repair or the replacement by the Eagle County Engineer. The work shall be collateralized during the correction period in an amount and type of collateral as shall be reasonably determined by the County. The work shall be inspected, at the request of the Developer no less than sixty (60) days prior to expiration of the one-year additional correction period, and any deficiencies shall be noted to the Developer. 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 Developer, provided, however, that in the event the Developer sells, transfers or assigns all or part of the subject property, the obligations of the Developer under this Agreement as to that portion of the subject property may be assumed in writing by the purchaser of the parcel, and the Developer 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 Developer shall not otherwise assign, transfer, convey, pledge or otherwise dispose ofthis Agreement without prior written consent ofthe 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 Developer Prior to County Acceptance. It is further agreed and understood that at all times prior to the completion and acceptance of the Public 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 Developer. When it is 7 necessary to allow the general public to utilize the roadways under construction by the Developer, traffic control and warning devices shall be placed upon such roadways by the Developer in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 4.8 No Rights to 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 County or its officers, employees or agents 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 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 may be 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. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 16..ff,.0 dayof~~ ,2005. COUNTY OF EAGLE, STATE OF COLORADO, By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Boa of County Commissioners :(. i(,U1'0 ervt I C..fhu l~ Address for giving notice: P.O. Box 850 Eagle, CO 81631 (970) 328-8685 DEVELOPER: CROWN MOUNTA RECREA nON DIST By: Address for giving notice: Mark Fuller 0238 Fawn Drive Carbondale, CO 81623 (970) 963-4959 Fulcon@comcast.net STATE OF COLORADO ) ) ss. County of Eagle ) ego' ng 'F:. i/mowledged before me this ~ day of 1!1 ti lei; , t(.; '-eras ~ (ie. r of 'tUn ~""mlll/"""l r 'CI ( ~.." ~ :#11".... , a ~ ~~........ "'0 ~ Cj.. -. ~~ ~ If; . 1)~ WITNESS my hand and official seal. 'i :NOTAA o. 'i ~@ y~ i 5h /"7007 .;:::. ~ . = =cp. = My commission expires s::..\'. PUBLIC. i ~ . .O~ I I ~'Y~. . ;:: ~ ~fj..o ..~ 9~ ~ '" 0 ...... R-'I'~ ~""'l. 'J:: CO\..O~\..,,,~ ~ ~ ~/ :#111""111111\\"\''1. Notary Public 9 M;ar 08 05 04: 04p MarIe Fu 11 er 97P704 1705 p. 1 ENGINE.....d'S OPINION OF PROBABLE CONSTRUC~I ION COST CROWN MT. PARK COST NOT TO BE CO LLA TERALlZED SE JOB NO. 23169.01 03/07/05 PAGE 1 OF 1 ItEM QUANTITY UNIT UNIT COST COST 1 MOBILIZATION JOB L.S. 165,000.00 165,000.00 2 . ~~I~gNI~~TROL'--h"-"'_~~'_ ...... ..___'~-' ~~--.~~__, "jg~____J:~~~--_.-~~:'6~~~I_~=--~-=-'~f~~:~f 4 TOPSOfl STRIPPING AND PLACEMENT JOB L.S. 125,000.00 125,000.00 5 sOi(p~~~:,I.'-NQFiNE'GR'AD1NG ,._~~ -==--=_~J9.!3 .- "'-'~L~~., .. "'.-'1iF~E3~~()~f=~---- 11'8,680.00' "6- EXCAVATION JOB L.S. 950,000.00 950,000.00 '7' ELECt:i:'fICAL SERVICE AI,i[f~:fpL"CE:VAUCfS-'- -JOB ...- L.'s. . ..,. 44.200.00 44,200.00 B TRAFFlq_CgNT.ROl --- ...--'--:-_~ -==--==19..8 . ". L~. .. ~~=-~ ~~-2~..!~Q~,qo- -=-==~:~~.!i()o~Q:6.' -g" 1S;'IARIGATION PIPE 1,041 L.F. 30.00 31,230.00 ,'0 IBRTG~I10N,t\i~!::IqLl~:~__~=-_____,.. ___ '-~":_'=__,?'E.~: ::~=-~~..__.b800-'.qO_.'H_' .,~Q(J.Q,(JC:!_ '1':"- UGHTPOLES....___ u 3 .._E:A. _,__.__..2.,6.0().OO _'_...__-.2!~op.oo 12 8"SANrrAAY SEWER LINE 597 L.F. 30.00 17,910.00 13 SEWER MANHOLES ,-....- . - ... E.J\. ..... 2,750.00 5,500.00' '''1'4 sEviER-iNTERCONNECTION ..-....... '[,8": 6,500:-00 "--".'6,500.00- 1'5 4;;SEWERSERvlce---'"'-''' .-n----d...S46--.-'L.F. ..'..' - .....19:00' -----6,574.00 '''16 SEWERSERVICECLEANO[JT-n.-'----.. .....,-~'-....E.A. 75.00 225.00 -1'7' 8" WAf~B MAIN--' "."-.__ ,--..-,- '-,_._. 94{ .... L.~' ===~o.Do-~:=-=:~_,~~~~q;(jo 1-8' WATER INTERCONNECTION 2 EA 2,500.00 5,000.00 19' 12"GATEVALVE .---.... - ...----2..nn.E:A:-.... 1.400.00 2.800.00 20 8" GATE VALVE --.... 3 ..----E.-A..----goo.oo -'---- .' 2.700:00' '21- FIRE 'HYDRANT -----------T ..- E.A~ - - -3~600.00 --""--3,6o(iocl --22-' 3/4"WATER SERVICE--'----' ..' .---. ,....'--T660 .' L.F. 18.00 29,flflO.OO' -23 DRYWEJ::~S. ~~.-::-'--'."'-- ... ,~~= ===-= 10-' E.A. ~_...:~=-~:~Q:Q.o..()o...3..9,P09~6Q. M IRRIGATION SYSTEM JOB L.S. 565,000.00 565,000.00 --_..~- -.-.~- .."..~._---_... --~..'. ..-.- --'--. ---~--- -_._~-_... . 25 CLASS 6 ABC 4,642 C.Y. 26.00 120,692.00 --26'" 3"-P:SPHALT--- ..,... . ...,------,-. .........'...5;-387.."....5:V: '------10.-00---'-. 53,870.00 ~~7 . ~;f~PI~G~~~'=_,__=--=-=-=-=-' - ..__~= ---- '--jos' .. __!:-~i3.:=~~:~~~ .:: :1',4:00.00" ... u_h ,~1~400.00- ~6 _ ~_~Q.':!'3I!"\,(3ATE ..,.__._____J.QB L.S. __ ~'.E3oo..<>o .. ...._n..?...6oq:9.9. ..~~!ANP,~ElD CUR.f3,__..__ __un .____. ___._____1..(34:2 L:f..:.. ____.__..17.25 ,__,~~':3?1:50 .J3~_ ~_~I?.rA.!" CURB .._______ _,'_m __ .. . .~,397 U::_ ,__,__,,_____17.:25 .. u_.~4:.CJ~!3..~~ ..3.1.._ ~~TIVE ~EEP_...__..._...._._. __ _.._---?OB___. L.S. ___..____?1.!.6.:!..~~_ _m 71,640.00 ..._32.._I!JRFGf'l~Ss..~i::g.l?.._...._. .......... ....._._.. JOB L.S:.. ___,__5_~800..()0 .5i3,8_00.p.9 _.3~ !-AND.S.c:APING~TRe::I::~!:;.!::lR.l.l.!?~M~':_~I_i~f'ERe;;:N~I~~S__ _. JOB L:~:_ ____,.g1.0,<:l(J0.OO . ....__210'(JOO.OO 34 CONCRETE WALKVVAY 4"THICK 25,000 S.F. 3.00 75,000.00 - .--.-- .---- --'- ,. ---. .~._""--~_._~-_._-- '- . .-.---...--.------ --- --- -... .. ----- ----- .. ----....-----".-.-- ..--', --. 35 CONCR~.!.EW~LKVVAY 6.:'...::r~Lc:;t< ......._ 1.2~~?..0.. .. S.F. .... ....._"'::~9_ ___,_ 559,350.00 36 CONCESSION 8UILDIN<3,I",~_____ ...._ h____~g,f!. .. L.S. ...,___~?,OQ9.:..()0_ 35,2.00.0_0, .~7 _ DOG~AR'5_...___. ._____, h__d ._.___-.:1.9.~,.. L.S. 2()~(J.9.():()0 ...?O,O()_O.OO ..il8_~J!~fURNISJ::l'r_l9.S____._.,..,_..______.___. JOB L.S 0,.000.00 __..,____..?10.!gOO.00 ~!)__~IGNAGE _". .__,....... _" JOB ....' loS._ _.._._~.s.0()_()~~ m.. 25,000.00 _40_.'{.(:lh.L!=_YE3~I,.L.GOUfl.::r .___, . ..___ __hJ()~. ,L:.?:...__ __J..?...POO.OO .....,_],~OPO:09 ..~.1._ IEI'J~IS AI'p.~A~J5ETBALL CO_LJ_'3~t?__ _ ..,..... JOB _..... l:--S~ .._._ 118,000.00___... 11 B,OOO.OO ,42_ Hq'3~,~_S_l:!.qf!: PIT~____...............____,_!.q,B..__, L.S'H.....,3,0Q.C1:.0.(), ___, 3,000.00, ..43__ PLAyGROUNP..1;<;:l!JJPMEN!_____.,_. .. .____~Q?_ L.S. __...___'U;J.9"QOil~()O. _. 190,000.00 _44 _ PLAY(lFH?\-l~l:? E:x;c:;~~.:r..!9~___,,_.. .____ _____.~qB L.S. .____.l3.000.00 .,. ......_ 8,pOO.00 45 CHEC"5E.~~.J3Q.A.!'!9___.... .._. .._ JgB_ __~~~'_ .._._d 13,900.0(J_..._ 13.900.00 46 STF3l:!9TUR~~.2(?NqB.gIE........'.n____'____ _._ .... d"_~_O~~...~:_ .... 95,q02.~OO ._____ ,.,95,000.00 47 ENTRY FEATURE CONCRETE AND WALL JOB LS. 100,000.00 100,000.00 TOTAL ITEMS 1.47 ,.' $ 4,264,003.75 , "':'"lr" <: '{". Ji.: /). l..,.pf:..v........j...~.;.) .' "317/0, <'. ~/~ ";;i~~?~~.?~. ~ r~~!. ~ ~.:7!:- :~>:'~~ ~:_-~~~~~", ";11/1 J t~ :' l~ 1\ ,! -.. '-<,.,\,~", NOTE: This opinion of probable construction cost was prepared for bUdgeling purpos~~ Id~W \~6P;iS Engineering, LLC cannot be held responsible for variances from this eS11mate as actual costs may vary due to bid and market fluctuations. EXHIBIT I .. J\ " _.~--_._." --........, c:.:""U.\",Vl:)' -""1\-,....n I.XIS CROWN MTN. PARK Cost to be Collateralized ru SE JOB NO. 23169.01 '.. 03/04/05 ru PAGE 1 OF 1 CL ITEM QUANTITY UNIT UNIT COST COST . -. ~'D ~t 1 MOB I LlZA TION 1 L.S. 6.000.00 6,000.QQ._ OX -. 2 EXCAVATION 1 L.S. 8,000.00 8,000.00 ~t3b 1000 - 01 --- -. 24.00 35,688.00 01 3 CLASS 6 ABC 1 ,487 C.Y. l.D .- S.Y. 11.00 86,317.00 OJ 4 4" THICK ASPHALT 7,847 OJ 5 ENTRY FEATURE CURB 429 L.F. 29.00 12.441.00 .--' ru M STANDARD CURB 1,418 L.F. 17.25 24,460.50 Gl 6 l'- 01 7 MEDIAN CURB 693 L.F. 17.25 11,954.25 c..."D :f\= ~ .,-I 0 8 DETOUR 1 loS. 6,500.00 6,500.00 1- 9 121N CULVERT (C14) . 49 L.F. 32.00 1,568.00 (..I 10 181N CULVERT (C2, C3, C15) 198 L.F. 36.00 7,524.00 ~ Cf 6\0tX) · 11 INLETS 1 EA. 2,500.00 2,500.00 12 TRAFFIC CONTROL 1 L.S. 16,500.00 16,500.00 >---- 13 TESTING/SURVEYING 1 L.S. 10,000.00 10,000.00 14 ROAD CUT PERMIT 1 L.S. 2,500.00 2,500.00 1- 15 LANDSCAPE ENTRY FEATURE 1 L.S. 8,000.00 8,000.00 <:.."'D ~ 5 16 STREET LIGHT RELOCATION 1.500.00 1 ,500.00 17 STREET LIGHT NEW 2,600.00 2,600.00 18 RESTORATION 1,800.00 1,800.00 ~3\}cmt)~ 19 CONCRETE PED CROSSING 1,560 S.F. 5.25 8,190.00 ~ PAINT STRIPPING 500.00 500.00 e-V 1t=:+ 21 DEMOLITION OF EXISTING ASPHAL T AND CURB & GUTTER 1 L.S. 8,000.00 8,000.00 ~v-~e.M- SUBTOTAL 262,542.75 (..fJ\A- fo 10% CONTINGENCY 26,254.28 - -$ -z-fo)f?-/ TOTAL 288,797.03 tabbies' 'm >< a: m I" =1 NOTE: This opinion of probable construction cost was prepared for budgeting purposes only. Sopris Engineering, llC cannot be held responsible for variances from this estimate as actual costs may vary due to bid and markel fluctuations. trJt5"" ot6 -ID ASSIGNMENT OF CERTIFICATES OF DEPOSIT Crown Mountain Park & Recreation District TO: Alpine Bank For valuable consideration, receipt of which is hereby acknowledged, Crown Mountain Park & Recreation District hereby assigns to the County of Eagle, State of Colorado, an interest in Certificate of Deposit No. 21071 to the extent of one hundred thirty six thousand dollarc< ($136,000.00) excluding all interest now due or to become due on the assigned amount. Certificate of Deposit No. 21072 to the extent of ninety six thousand dollars ($96,000.00) excluding all interest now due or to become due on the assigned amount. Certificate of Deposit No. 21074 to the extent of thirty one thousand dollars ($31,000.00) excluding all interest now due or to become due on the assigned amount. Certificate of Deposit No. 21075 to the extent of twenty six thousand two hundred fifty dollars ($26,250.00) excluding all interest now due or to become due on the assigned amount The Assignment is given as security for Public Improvements Agreement File No. PDA-00055. This Assignment shall be a continuing assignment and shall remain effective until the Board of County Commissioners, by written resolution, authorizes the release of security. Eagle County may authorize a reduction in the security represented by this Assignment, by written resolution. Crown Mountain Park & Recreation District hereby authorizes Eagle County to demand and collect all or any portion of the deposit to the extent of the assigned amount in accordance with this Assignment, and to issue a receipt for any sums received therefrom. Crown Mountain Park & Recreation District hereby directs Alpine Bank to pay to the county, its legal representative, successors or assigns, upon written demand, the amount so demanded, to the extent of the assigned amount. This Assignment shall neither be amended nor terminated without the consent of all signatories hereto, which shall be in writing. Done this 8th day of March 2005. Crown Mountain Park & Recreation District 7 I State of Colorado ) ) ss. County of Eagle ) The foregoing was acknowledge before me this 2) ill day of 1Jf~ , 2005 by kll'e c5;/ttla~ . WITNESS my hand d official seal. ~ ~.'"'''"11''' ,,'. Ii r i' ,I;:l;~ ! ~~; o.~:'''' n~ !~1,~ ON ~"'" M . .~, l".t~Jfi~;j,;lM ~;J\r~.J.~,UllJm ~""~)'.l!~ y commlsSlu'D "xptreS"''''' . ':' , ..' ":~~~ N~P bl' ;:: . ..~~ otary U lC ~ '.., 0 TAR . ~ ~ : \~ Y -e S ;: ~o ~ ,fir : i EXHIBIT ~~... PUS Lie .:o~ l 'r; II \". ;." .' . ..sl D ~ ~ If. .- ^:~.'~ .D ~",~"'O .".. O~~:~~ J9 ~,I'I, .;F: CO~ '-\....." If Iff 11II1I1I"~\'\\\~ APPROVED: On behalf of Alpine Bank , I approve the conditions set forth in this Assignment of Certificate of Deposit, and agree that the Assignment shall not be terminated without written authorization of the Board of County Commissioners of Eagle County, Colorado. DONE this eighth day of March, 2005. Alpin.~ Bank /7~.,. ,- . ~-". By: /'// .~ Title: \)vCS l C\Sl,<~ State of Colorado ) ) 5S. County of Eagle ) The foregoing was acknowledged before me this 8'\~ day of '/\(\ , 2005 by ~ " D.1/Tl/\ \\\~Ov\U'1}T)VV\.e)C)/\ . \ WITNESS my hand and official seal. _~ _____. (.-"\ My commission expires ~~.I }...,j:, fl' L . " \ \ ~'--_./ My Commission Ex' " . 03125/2006 0 Pu iy / APPROVED: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNT NERS B~ ~ . #~ ~ . q~;1:;~)0 ,) V~ r. ~-<1PVl , ~1\t'W1eWV~. -r~ ~ .>6r, '\;i;,::::,> Teak Simonton, Clerk to the Boardof County Commissioners Date: :5 /; -5:/0 -S-- / ' THE AMERICAN INSTITUTE OF ARCHITECTS . Bond No.929360184 A/A Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): American Civil Constructors, Inc. Western Surety Company 4901 S. Windermere 333 South Wabash Street, 13 South Littleton, CO 80120 Chicago, IL 60604 OWNER (Name and Address): Crown Mountain Park and Recreation District Eagle County Community Building, 0020 Eagle County Drive, Suite F EI Jebel, CO 81623 CONSTRUCTION CONTRACT Date: May 25, 2004 Amount: ($1.227,676.00 ) One Million Two Hundred Twenty Seven Thousand Six Hundred Seventy Six Dollars and 00/100 Description (Name and Location): Crown Mountain Park in EI Jebel. Colorado - Work as outlined in Attachment C consisting of Earthwork and Grading, Mobilization, Silt Fence and Hay Bales, and Irrigation Mainline Location BOND Date (Not earlier than Construction Contract Date): March 8, 2005 Amount: ($1,227.676.00 ) One Million Two Hundred Twenty Seven Thousand Six Hundred Seventy Six Dollars and 00/100 Modifications to this Bond: [J None o See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Com~any: reSeal} American Civil onstructors. Inc. Wes ern Sure lJ tee- He$:'S2tut Signat~ ------ Name d Title: (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Lockton Companies other party): 8110 East Union Avenue, Suite 700 DHM Design Denver, CO 80237-2984 Carbondale, CO 303-414-6000 I\IA DOCUMENT -'312 . PERFORMANCE BOND ANO PAYMENT BOND' DECEMBER 1984 EO. . AlA .. THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20006 A312.1984 1 THIRD PRINTINC . MARCH 1981 EXHIBIT \1 if 1/ j 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, SOOn as practicable alter the amount is deter. successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract, which is incorporated herein Owner; or by reference. .2 Deny liability in whole or ;n part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 4 with reasonable promptness. the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surely under this Bond shall arise after: demanding that the Surely perform its oblig,ltions under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce anv remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner reruses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability. in Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construe- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contraclor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason. elects to act under Subparagraph 4.1,4.2, or 4.3 above. able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the Owner under the Construction Conlract. To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of dared earlier than twenty days after the Contractor and costs and damages on the Construction Contract, the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para. suiting from the actions or failure to act of the Suret~' graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4,1 Arrange for the Contractor, with consent of the are specified in the Construction Contract. actual dam- ages caused by delayed performance or non-pedor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 1 The Surety shall not be liable to the Owner or others for 4,2 Undertake to perform and complete the Construc. obligations of the Contractor that are unrelated to the Con- tion Contract itself. through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- S The Surety hereby waives notice of any change, includ. pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable. under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any COllrt of competent jurisdiction in cess of the Balance of the Contracl Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4,4 Waive its right to perform and complete, arrange Default Or within two years aiter the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- reasonable promptness under the circumstances: curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- AlA DOCUMENT A31:t ' PERFORMANCE BOND AND PAVMENT BONO' DECEMBER 1934 EO. ' AI... '!. A312-1984 2 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW VOIlK AVE" N.W.. WASHINGTON. D.C. 20006 THIRD PRINTING' MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractoli' of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety, the Owner or the Contractor shall for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contra~tor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has 12.1 Balance ot the Contract Price: The total amount neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODifICATIONS TO THIS BOND ARE AS fOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL <f9 Company: (Corporate Seal) I I.OCKTCJN" LOCKTON COMPANIES OF COLORADO. INL 8110 Eas[ Union Avellul' /-;UI[<: 700/ Denver, CO 8C~ '7.2984 Signature: (j03j414.6\.\YiFAX, n(3) 865-6000 - Name and Title: Address: AlA DOCUMENT "312 . PERFORMANCE BONO AND PAYMENT aONO . DECEMBER 1984 ED. . A/A .& A312.1984 3 THE M\ERlCAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW., WASHINGTON, D.C. 20006 THIRD PRINTING . ~RCH 19&1 THE AMERICAN INSTITUTE OF ARCHITECTS I Bond No. 929360184 AlA Document A372 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): American Civil Constructors, Inc. Westem Surety Company 4901 S. Windermere 333 South Wabash Street, 13 South Littleton, CO 80120 Chicago,IL 60604 OWNER (Name and Address): Crown Mountain Park and Recreation District Eagle County Community Building, 0020 Eagle County Drive, Suite F EI Jebel, CO 81623 CONSTRUCTION CONTRACT Date: May 25, 2004 Amount: ($1,227,676.00 ) One Million Two Hundred Twenty Seven Thousand Six Hundred Seventy Six Dollars and 00/100 Description (Name and location): Crown Mountain Park in EI Jebel, Colorado - Work as outlined in Attachment C consisting of Earthwork and Grading, Mobilization, Silt Fence and Hay Bales, and Irrigation Mainline Location BOND Date (Not earlier than Construction Contract Datel: March 8, 2005 Amount: ($ 1,227,676.00 ) One Million Two Hundred Twenty Seven Thousand Six Hundred Seventy Six Dollars and 00/100 Modifications to this Bond: KJ None 0 See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal> Company: r; Ie Sea)) American Civil.xonstructors, Inc. Western Sure S. -tlu.1~ S' e! Ignature: . 19natur . Name and Title: ~(c.. (" "tte.-1ll.S~ Name nd Title: Celeste T. Helms - Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Locktan Companies other party>: 8110 East Union Avenue, Suite 700 OHM Design Denver, CO 80237-2984 303-414-6000 Carbondale, CO AlA DOCUMENT 4312 . PeRFORMANCE BONO AND PIIYMENT BOND' DECEM8ER 1984 ED. . 11111 ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORk liVE.. N.W., WASHINGTON. D.C. 20006 A312-1984 4 THIRD PRINTlNC . MARCH 1981 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor. 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorpo- rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Payor arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 1 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and 3 With respect to Claimants, this obligation shall be the Surety under this Bond, subject to the Owner's prior. null and void jf the Contractor promptly makes pay. ity to use the funds for the completion of the work. ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Cla;m- 4.1 Claimants who are employed by or have a direct ant under this Bond. and shall have under this Bond no obU- contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond, sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con. 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating, with date (1) on which the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable, withlO 30 days of furnishing the above no- tice any communication from the Contractor 12 Notice to the Surety, the Owner or the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12) and address shown on the signature page. sent a cOPV, or notice thereof. to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed, any provision in this Bond conflicting with said statutory Of legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is sufti- forming to such statutory or other legal requirement shall dent compliance. be deemed incorporated herein. The intent is that this AlA DOCUMENT "311 · PERrORMM~CE BONO AND PAYMENT BOND' DECEMBER 1984 ED-' AI"*' THE I\MERICAN INSTITUTE Of ^RCH1TECTS. 1135 NEW YORK AVE.. NW, WASHINGTON, D.C. 20006 A312-1984 5 THIRD PRINTING' MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontracfors, and potential beneficiary of this Bond, the Contractor shall all other hems for which a mechanic's lien may be promptly furnish a copy of this Bond or shalf permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip. 15.3 Owner Default: Failure of the Owner. which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that tractor as required by the Construction Contract or to perform and complete or comply with the other terms part of water, gas, power. light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIfiCATIONS TO THIS BOND ARE AS fOllOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRAcrOR AS PRINCIPAL Company; {Corporate Seal} 0 /) LOCKfON. LlX.'l<TON COMPANIES OF COLORADO, INC. Signature: 81 ! 0 East Union Avenue f Suite 700 /Denver, CO 80237 (03)414.6000/FAX: (303) 865.6000 - Name and Title: Address: AlA DOCUMENT A312 . P'ERfORMANCE BOND AND PAYMENT BOND' DECEMBER 1934 ED. . AlA 4t THE AMERICAN INST1'TUTE OF ARCHIHcrS. 1735 NEW YORK AVE.. N.W" WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING' MARCH 1987 Dual Obligee Rider TO BE ATTACHED TO and form part of Bond Number ,2.2936QJ&~___,,__,.__,__ _______'_ __ issued by the _We~1;~~ ,Su..rety, Company ____..____..__ as Surety, on behalf of American Civil CC~.'3truc tors. Inc. ---- --. , hereinafter referred to as the Principal, and in favor of Crown Mountain Park and Recreation Distric t (Owner) " , hereinafter One Million Two Hundres Twjn50 Seven Thousand Six referred to as the Obligee, in the sum of Hundre _ Seventy Six an No 1 __.,.. Dollars ($L.22..L6.76.00 ), effective the J5 th day of May , 2004 In consideration of the sum of One Dollar ($1.00), and other good and valuable consideration receipt of which is hereby acknowledged, the Undersigned hereby agree as follows: 1. The..E;i..&le County. ColQradQ.....",____________..____, *",--_..~~~_.__.._~- ., ._----_.~ ._-_.~---_.._,-_..-..._.._--~_..._.._---~._-...---~,--'--. is hereby added to said bond as an additional obligee. 2. The Surety shall not be liable under this bond to the Obligee. or either of them unless the said Obligees, or either of them, shall make payments to the Principal strictly in accordance with the terms of the said contract as to payments, and shall perform all other obligations to be performed under said contract at the time and in manner therein set forth. 3. No suit, action or proceeding by reason of any default whatever shall be brought on this bond ~ JlI5KS~' .. DIe after the time provi ed in he Per ormance an Payment Bon . 4. Aggregate liability of Surety hereunder to Obligees is limited to the penal sum above stated and Surety. upon making payment hereunder, shall be subrogated to, and shall be entitled to an assignment of all rights of the payee with respect to the particular obligation discharged by the payment, either against principal or against any other party liable to the payee on the discharged obligation. SIGNED, SEALED AND DATED this 8th day of March 2005 , - Witness: American Civil Constructors. Inc. ...... .fi. ~ (P""",,,al) ~}':--, ~-_.-.._----_._.~..~-~~-----,.----_. ~L-_ <<-:-_t, -tfrtfi'"'f1g(fld::.--'- (Seal) Accepted By: ~~ :lJretJ.~";.:i- .-- . ----'-"..,-- QrQ~ Mountain Park and Recre~tio~_ ~ste T. Helms. . ($~_al1 District AttorneY-In- ,- Form F534H0-2001 e I.OCXIDIr l..ocrroN CoMPANIES OF ColoRAoo, INc. ";11,'/:;ulnh1nAn'llut' .~llItr7X'I\:IYtr, G) dC2J7.l'184 (ll'\HI4.61\\'h\X (li.'li .'1(i'i.0,\\' NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by anyone or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, P A, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company, DISCLOSPRE QF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). QISCLOSQ~E OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Fo<m F7310 { ~ Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-JN-FACf x... AS Mn ., n............ That WESTERN SURETY COMPANY. . South o.IaKa ~ it . duly ClrpIIized and c:xistins corpcxatioQ bIvinJ its princlpe1 ofBce in the City of Sioux Fan.. aacI State of South DakoIa, IDd that it does by virtue of the sipature and ~ herein affixed hereby make. CCIlStitutc and appoint WDIiam M O'CODnell .Jr, Shelley Czajkowski, Celeste T Heims, MonA D Weaver, Garry L Wesselink, Amy Wickett, Karen A Feggestad, DeaDnA M Robichaud, Individually of Denver, CO, ill tnse IIIlIlawM Attomcy(s}iD-Fact with full ~ IIIlI authority hereby conferred to sip. ... and CUQItc for and 011 its behalfbonds, under1akinp IIIlI other obliptory iDs1nnnen1l of simiI..1lIlUrO -m Unlimited Amoants - and to bind it lbcreby u funy lad to the samIl exleIIt u if IUCh inItrumcnts were signed by . duly authorized oftlccr of the corporation and all the IClI of said Attorney, pursuant to the autbority hereby Jiveu, n herd2y ratified and confirmed. ThIs Powa' of AUIney it made and cxecutcd JIlII'8UIIIt to and by authority of the By-Law printed CID lhe revene hereof. duly adopled. u indic:alrAf. by the sbIreboldm of the corpcntion. .. WItJMa WIIereot WESTERN SURETY COMPANY bu caused lhese presenll to be signed by its Senior VICe President and ill c:orporale seal to be berero sftiud on thill6th day of Juno. 2004. 0 WESTERN SURETY COMPANY -I?L~ Paul . Brutlal. Senior Vice President State of South DaItola } . County ofMirmebaha On 1hia 16th day of June. 2004. Won me peqona1ly came Paul T. Bruf1at. to me mown. who, bclna by me duly IWOIII, did depose and say: that hi: raidea in the City of Sioux Fa1Is. State of South DIIcoca; that be it the Senior Vice Plaideat of WESTERN SURETY COMPANY delcribec! in and which executed the above instrument; tbIt hi: Icnows the saJ of said corporation; that the seaJ affixed to tile said instrumel!t it such corponde seal; that it WII so affixed JIUI'IUIIlt to authority Jiven by the BaIrd 01 Directors of said corporation IIId that be signed bit name thereto pur1lIalIt to like 1lItbority, and adalow1cdgee samIl to be lhe act and deccI of said cc.rporatioQ. My t:OmIlliuion expires .~ - '*... -,- -. -" .... - - - ......- ~.. ~ (' D.KREi.i.~ ~ ~L~ November 30, 2006 ~HCnMr~ IOUTH MKOrA , h..............~,~ .j'~""_fIllI~. CaatlurlCATE I, L Neltort, AssistIIIt SecretIty ofWBSTERN SURElY COMPANY do hereby c:atity tbIt the I'owa' of AtIomey hen:iDIbove set for1h it stiR in force, and fIn1bet cctIify that the By-Law of the cOrporation printed on 1hc reverse 'hereof is slin in forte. In testimony wbcreof I have bemmto subscribed my tWne md affixed the seal of the aid corporatio8 this 8th clayo! March . 2005 . 0 WESTERN SURETY COMPANY ~ ~~~~ fllllllf4280-0l~