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HomeMy WebLinkAboutC06-100 '/';;'i; 'J(! "c. ; AGREEMENT FOR SUPPLYING OF MAGNESIUM CHLORIDE PROJECT THIS AGREEMENT is dated as of the ," day of March ,2006,byand between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "Owner"), and Envlrotech Services. Inc. (hereinafter called "Contractor"), Owner and Contractor, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 - WORK Contractor shall complete all work as specified or indicated in the Contract Documents ('Work"), The Work is generally described as: 2006 SUPPLYING OF MAGNESIUM CHLORIDE PORJECT AS SPECIFIED IN EXHIBIT "A" which is attached hereto and incorporated by this reference. ARTICLE 2 - OWNER'S REPRESENTATIVE The Project is under the authority of the Eagle County Road & Bridge Department, the Director of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work, ARTICLE 3 - CONTRACT TIME 31 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before NOVEMBER 30, 2006, 3.2 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved In proving a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Three Hundred dollars ($300.00) for each day that expires after the time specified In paragraph 3.1 for completion until the Work is complete, Agreement Pagel r r ARTICLE 4 - CONTRACT PRICE 41 The funds appropriated for this project are equal to or in excess of the contract amount. 42 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds as follows: PROGRESSIVE PAYMENTS UPON COMPLETION OF EACH AREA AS SPECIFIED IN EXHIBIT "A". 4.3 Pursuant to the provisions 324-91-103,6, C.R.S" and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy-granting provision In the Agreement. 4.4 The Board of County Commissioners for Eagle County is a governmental entity. All obligations beyond the current fiscal year are subject to funds being budgeted and appropriated, ARTICLE 5 - PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payments. as provided below, All progress payments will be on the basis ofthe progress of the Work. 5,1.1 Prior to Completion, progress payments will be in an amount equal to: C 90% of the Work completed until fifty percent (50%) of the Work is performed. after which no additional retaining shall be withheld ,and 0 90% of materials and equipment not incorporated In the Work but delivered and suitably stored, less in each case the aggregate of payment previously made. Agreement Pagel 5,1.2 Progress payments and retained funds shall occur in compliance with Paragraph 19 of the General Conditions attached hereto and C.R.S, 924-91- 103. The Owner shall authorize partial payments of properly requested amounts of at least ninety percent of the calculated value of the work completed until fifty percent of the work required under the Agreement has been performed. Thereafter, the Owner shall authorize partial payments of any other properly requested amounts without retaining additional funds if, in the opinion of the Owner, satisfactory progress is being made in the work. The withheld amounts of the contract price will be retained by the Owner until the contract is completed satisfactorily and accepted by the Owner. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the C.R.S. S38-26-107. Final payment shall be made in accordance with the requirements of the aforesaid statute. ARTICLE 6 - Contractor's REPRESENTATIONS In order to induce Owner to enter into this Agreement Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations. and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes, 63 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.' Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered In the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor, Agreement Page 3 I ! 6.5 In performing the work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate wOrker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an Independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are no! and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Contractor's Bid, 73 Performance and other Bonds. 7.4 Notice of Award and, if any, Notice to Proceed. 7.5 General Conditlons.{Pages 1 to 10, inclusive). 76 Specifications and Drawings, 7.7 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.8 The parties acknowledge and agree that the terms and conditions of this Agreement (7.1) and the General Conditions (7.5) attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreemenl. There are no Contract Documents other than those listed above in this Article 7, The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 - BONDS Not later than five business days following the execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained In the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered, AgreemclIl Page 4 ARTICLE 9 - MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under, or Interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor frOlll any duty or responsibility under the Contract Documents. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents, 9.3 ATTORNEY'S FEES: In the event oflitigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parlies hereunder, or if suit otherwise Is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and In such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or In connection with this Agreement shall be exclusive in Eagle County, Colorado. 9.5 INTEGRATION: This Agreement supersedes all previous communications, negotiationsandlorcontracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an Integrated agreement and there are no represenlations about any of the subjecl matter hereof except as expr esslyset forth in the Contract Documents, 9.6 NOTICE: Any notice and all written communications required underthis Agreement shall be (i) personally delivered. (ii) mailed In the United States mails, first class postage prepaid, or (Iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party atthe following addresses: To Contractor: EnvirotechSentlces, Inc. 1140 3Sth Avenue, suite 1 Greeley, CO W634 Agrccmenl PageS r To Owner: Brad Higgins- Director Road & Bridge Department Eagle County P,Q. Box 250 Eagle, CO 81631 telephone: 970-328-3540 telefax: 970-328-3546 Mailed notices will be deemed given Ihree business days afterlhe date of deposit in a regular depository of the United States Postal Service, and FAX notices will be deemed given upon transmission, if during business hours, or the nexl business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. [signature page nexl pagej ... Agreement Page 6 , , IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above wri!!en. "Owner": COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST s.~'-"C'% BOARDOFCOUNTY CO~1l~ 0: ~ By~~. ~~ Clerk of the Board of Peter Runyon County Commissioners Chairman "Contractor": (;W,',-okA ,5ef'l/i(>l5', //lC By:.,) : cY'i!; ,/;,;/ -,t;;:""kff STATE OF COLORADO ) ) 58: County of Eagle ) On thiS 7J-{, day of 1Y\i< (lA,,- ,2006, came before me, a notary publiC, p~): ( k::AI-r11 known to me to be the of (t-e<;t ,.tf ,who acknowledged to me lhal he executed the foregoing document, that he executed It in that capacity, and that the same was the act of the entity identified in the document as 'Contractor". My commission expires: ~t ,';23 ~ (-;<~u ()2;r~?~"~ -~ . ~.~?~).A'~~~"b No"~ P,'h, /f:>,! o:\/>.RY \,. '<1:,,,:,; . ,..:' -: .;, ----. '11 ',,-", \V: \\' .... Pllt'>""- ...;p", " .,,", .' 0 '/ ',:~;e .......o:i?" ,.<;~O!.C.';/ '-"o."=1r<" Agreement Page 7 EXHIBIT "A" Total Project gallons to be supplied, f.o.b. Glenwood Rail Yard, Devereux Road, Glenwood Springs, Colorado TOTAL PROJECT GALLONS 812.654 Contractor shall have a minimum of 30,000 gallons of Magnesium Chloride available for pickup from 6:00 a.m. to 7:00 p.m., Mondaythru Friday beginning April 15, 2006 and continuing thru November 30, 2006. $0.2745 Price Per Galton , SPECIFICATIONS MAGNESIUM ClILORIDE Magnesium Chloride only, in liquid form with minimum 0(30% lnagnesillffi cblOlide. , ROAD & BRIDGE DEPARTMENT GENERAL CONDITIONS ,. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work, 2. IfContractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for this project 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work wrthout additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Owner, 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating allporlionsofthe Work, 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each porlion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner In any event, Owner may grant an extension of time for the completion ofthe \Nork, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, eg" weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of SliCh causes, and provided further tllat Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice iri writing of the caLise of the detention or delay, 8 Contractor shall deliver, handle, slore and install materials in accordance with manufacturers'inslructions. 9 Contractor shall comply with and give notices required by all federal, stale and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall aSsume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such govemmentallaws, rules and regulations. 10. The Contractor shall be responsible for initiating, maintaining and supervising all safely precautions and programs, including all those required by law in connection with performance of the Agreement The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. 11 Contractor shall keep the premiseslwork site and surrounding area free from accumulation of debris and trash related to the Work, 12. Contractor shall fumish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds Shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. Contractor shall also furnish other bonds as are required by the supplementary conditions, All bonds shall be in forms satisfactory to Owner, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U,S, Tre"sury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond fumislled by Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of the preceding paragraph, Contractor shall within five days thereafter substitute another bond and surely, both of which shall be acceptable to Owner. 13. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition, In the event Contractor's - Work is damaged by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved. If a conffict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, AIJ such insurance shall remain in effect until final payment, and at all limes thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment, and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter, Insurance coverage shall be as follows: Claims under Workmen's Compensation, disability benefits, and other similar employee benefll acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by lIsualpersonaJ injury liability coverage; Claims for damage because of bodily injury, sickness, disease, or death of any person other than his employees; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; Contractor's liabiJity Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the Agreement; Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under the Agreement performed for the Contractor by subcontractors, Completed Operations liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising -- --- ~- between the date offinal cessation of the Work, and the date affinal acceptance thereofoul of that part of the Work performed by each, Comprehensive Automobile Insurance: All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage forms of policies, as the case may be. The Contractor shall in addition, and in the amounts required under the above, obtain protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Owner with respect to all operations under the construction contract by the Contractor or his subcontractors, including omissions and supervisory acts by the Owner. Builder's Risk Insurance: Insofar as the Work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by Owner, Contractor shall procure and maintain, for the duration of the Work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles. explosion, wind, flood, riot, etc,), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contract price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this contract which is considered not to exceed one hundred percent (100%) of the amount of this contract and authorized extras, Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the Owner to do Work on the projects. Comprehensive Risk Policy Option: In lieu of the several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the Owner, will be peffilissible. Insurance covering claims for damages to persons or property shall at a minimum provide coverage of the larger of (i) $500,000 each person/$1,OOO,OOO each occurrence, for bodily injury and $600,000 each occurrence for property damage, (ii) the maximum liabiiity of a local government provided in the Colorado Governmental Immunity Act, 24-10-101, et seq" CRS (1973) as that may be amended from time-to-time, or (iii) such greater amount(s) as may be required by law. Insurance shall be placed jointly in the names of the Owner, Contractor, and any and ali subcontractors, and any and all others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or -- - persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee, The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and Covered by such insurance shall be reconsll1lcted and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work, Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain provisions naming the Owner as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given the OWner. Contractor and his subcontractors shall not permit any of his subcontractors to start Work until all required Insurance have been obtained and certificates with the proper endorsements have been filed with the OWner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no W<lY waive the Owner's rights hereunder, 15. Owner, at its option, may purchase and maintain such liability insurance as will protect him against claims Which may arise from operations under this contract, Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of his subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his Own policy. 17. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out afor resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bOdily injury, sickness, diseaseordeath,orto injury to or destruction 0 ftangible property (other than the Work itself) including loss of use resulting therefrom, but only 10 the extent caused in whole or 111 part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. - ,--, - 18. After execution of the Agreement, changes in the Work may be accomplished by Change Order of by order for a minor change in the Work. Owner, without invalidating the Agreement, may order changes in the Work within the genera! scope of the Agreement consisting of additions, deletions or other revisions, , No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor thaI lawful appropriations to cover the costs of the additional work have been made, b. A Change Order shall be a written order to the Contractor signed by Owner 10 change the Work, , Owner will have authority to order minor changes in the Work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shaJ/ be binding on the Contractor and OWner. ContractorshaJJ carry out such written orders promptly, 19. Progress Payments: If the project is subject to progress payments, not more often than once a month, Contractor shall submit to Owner an application for payment filled out and signed by Contractor covering the work completed as of the date of the application, and accompanied by such supporting documentation as Owner may reasonably require, If payment is requested on the basis of materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner's title to the material and equipment, and protect Owner's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full al/ of Contractor's obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement Owner wiJ/, with ten days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. Owner shall, within twenty days of recommendation of payment, pay Contractor the amount recommended. - I { 20. FinalPaymenl: Upon written notice from Contractor that the work is complete, OWner wil! make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective, Contractor shall immediately take such measures as are necessary to remedy such deficiencies, After Contractor has completed all such corrections 10 the satisfaction of Owner, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents or as-built drawings covering all of the Work, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by Owner, Contractor may fumlsh receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which Owner or his property might in anyway be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify against any lien. 21. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Selllement requirements and time periods set forth in C.R-S. 538-26-107. 22. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens"). 23. Contractor's obligations to perfOffil and complete the Work in accordance with tile contract documents Shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any Lise or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work by Owner shall constitute an acceptance of Work - -, -, - ---'- not in accordance with the contract documents or a reJease of Contractor's obJigationto perform the Work in accordance with the contract documents. 24. If Contractor faiJs to COrrect Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop the Work until the correction is made, 25. Contractor shalJ promptJy correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shalJ bear the cost of correcting such rejected Work. 26. Contractor warrants to Owner that: (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work wi)) be free from defects not inherent in the quality required or permitted; and (3) the Work wilJ conform to the requirements of the Agreement. 27. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of alJ defects shall be given to Contractor. If. within one year after the date of completion, or such longer period of time as may be set forth in the Agreement (inClUding the Bid), prescribed by law. prescribed by the terms of any applicabJe warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site, and repJace it with nondefective work. Jf Contractor does not promptJy compJy with the terms of such instructions, or in an emergency where deJay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, Including compensation for additional professional services, shaJJbe paid by Contractor, 28. If Contractor defauJts or neglects to carry out the Work in accordance with the Agreement and faiJs within a seven day period after receipt of written notice from the Owner to correct such defauJt or neglect wittl diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies, In such case, the Agreement may be terminated by Owner or a Change Order shalJ be issued deducting the cost of correction from payments due the Contractor. 29. The performance of the Work may be terminated at any time in whoJe, or from time-to-time in part, by Owner for its convenience, Any such termination shall be effected by delivery to Contractor of a written notice ("Notice of Termination'") speCifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective, After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shalJ, in good faith, and to the best of its ability, do all things necessary. in the light of -'- ,,- n -''''-'- such notice and of such requests in implementation thereof as OWner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner's property). Among other things, Contractor shall, except as otherwise directed or approved by Owner: , stop the Work on the date and to the extent specified in the Notice of Termination: b. place no further order or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; , terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination: d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in Which case Owner shall have the right to settle or pay any or all ciaims arising out of the termination of such orders and subcontracts; , with the approval of Owner, settle all outstanding liabilities and ail claims arising out of such termination or orders and subcontracts; and f. deliver to Owner, when and as directed by Owner, all documents and ali property which, if the Work had been compieted, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transfelTed, In the event of such termination, there Shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost inculTed after the effective date of the Notice of Termination shall be treated as a reimbursable cost unless it relates to carrying out the unterminated portion of the Work or taking closeout measures, '-'- THEA( ~RICAN INSTITUTE OF ARO:, rECTS --,- --"--- AlA Drxument A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Envlrolech Services, Inc. 114038thAvenue,Sulle1 Greeley, CO 80634 asPrincipal,hereinaftercalloothePrincipal,and DevelopersSurefyandlndemnltyCompany 17780 Fitch,Suj!e 200 Irvjne,CA92614 a corporation dlllyorganized lInderthelaws of the State ofCallfo rniaasSurety,hereinaftercalledtheSurety,are held and firmly bound unto Eagle County Road and Bridge, 3289 Cooley Mesa Road Gypsum, CO 81637 . as Obligee, hereinafter called the Obligee, in the sum offjvepercent (S%) of the total amount of the bid submitted-------------------___________________DoiiarS($5%___________________..____________), for tile payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, join tlyand severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2006 Magnesium Chloride _ furnish and apply magnesium chtorlde 10 varjous Eagle County roads, NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give s t1ch bond Or bonds as maybe specified in the bidding Or Contract Documents with good and stlfficient suretyfort he faithful performance of stich Contract and for the prompt payment of labor and material furnished in the prosecution thereof,orintheeventofthefailtlreofthe Principal to enter such Contract and give such bond or bonds, if the P rincipal shall pay to the Obligee the difference notto exceed the penalty hereof between the amount specified in saidb id and such larger amount forwtlich the Obligee may in good faith contract with another party to perforrn theWor kcoveredbysaidbid,thenthisobligation shallbenullandvoid,otherwisetoremaininfullforceandeffect, Slgne7Sealed~hIS16th!a~OfFebrUarY'2006 { En~irot;c~-~rvjces,~ /~~:?f/ .. . I i'-)(',~_~:--~ K~~-,/'" ./ (~JlflissJ ::).. (':'f1I1~iPaQ (Seal) /~~"~. ,..,.,,{,;r (T#lei {c:;; " Compan..'l ._"_~ (Sea!! --~,~ .~ ,., AlA DOCUME~T A310. 810 ~ONO .AIA ,"','E"R~ARY 1970 FO. WE A'.,eRIC,",' 'j INnTUTEOFARCt'''-E~''''.'3,t;YA'iF,N,,,,,,,'''''A"hINGTON,D,C.''OOl' POWER OF ATTORN!!"'-' FOR DEVELOPERS SUR.ETY A....'D I:'-ODEMNIIYCOMPAc"lY PO BOX 1972" IRVINE, CA ~262J ('149) l63_JJOO www,I="[J;,,,-,om K\()W A~~MFON BYTI!ESEPRESTO~, ",,'e;<c<:pl'" "'p""slylimi'od. DEVH.'()PFORS SlIRETY A\'I) rNDEMNlTYCOMI'ANY<lt>es "=bymake",,",tilllre and"l'P"int, ***William M. Murray II, Garth M. Boreczky, Valerie A. Lujan, Cathy L. Ridenour, jOlfltly or severally*** ..il;lruo""""wfUIAn"me)'(>)-in-Fact,'omak"ex<<ure,Jd,veo-and"'knowleJge,fo;ondon,ohalf"r""iuOO'JlOm"on"",ure'l-',"o",ls,unJertakiTI8''''dco"""", of,u,etp'ip gj.'Ulg ""u"..-"'"TIguo'o ";dAn"""y(,)-iTI_I',,,'fi,1I puwe.-"""au<h ori<y to Jo",," 'op<nom, ",ery",'n",,,,,ry, requi,itemp'"port" be Joo,jn ".."","iOTI~lh"lh""'J>m"'"on""'ldd",b"'",."vingl(>tho'orpumLioofullJ"'Wcrof'"MiluLianand""oc,"on,and,lloftllea<l>of",idAnomey('j,jn, Fact, P"""'TI'to 'b,,,, pr""''''o."'''horct>yratj~cd'ndronlimleJ, ThI,Pow""!A""""yi,g<on"'d,ndj"ig>~db,'!"""milouod".rtJl>,',utho;ityoflhe!"]]ow""''''''''''"n'dup'cdbythoBoorJ''fD;=t",,ofDEVEWPERS ~L'RETY A.'iD INDEMNITY COMPANY df",,"ve~, ofN""ernbe,- I, 200'" IUSO~Vu>,"",'<hoLlI3iIllltlllof""'&.>w:<I,'h'l'rcsioc'"anJ""yVi"l'rcsiojclltof""""'l='hoobe,,,"J""'t=hofth,mhe.-d:>y;~""Lhcoizcd"'""""",, Pcm~rs"fA""mey, qwMj,iTIg'ilcAnome,o(>)_in_F,,'nameU j"tile Pow,,", of A""",,)' ,,, """ui<,"nbcl1;I!"!th'''"'I'''rn''",,, ""nd~ unJertakings """000_" of ,ono<y,hip; ,rtJtb"lh,S"""""'Yor,nyAss''''",S''''''''''yoftil,,,,,rpom"a, be,and""h,,!themil '""'Yi~.u'bori,cdt(l".,,;t'bea'''''""onof,ny,u,hPo''''r''f A""m,y: RESO~VED,f~'RTI1ER.th..tl""go"Lure.,nf"<ciJoftjcc"mayb<"mxcd""nl',",hPow,,of^""meYCff'o,ny'crtilieo"td""'gtll"""ob,'l'=sinUle, andany,u'hPow'e.-ofA'lom')'o'cc~,Ii"'tel>eari""",o'I'=s;'"il<'ign,<u=,'allbc"'IiJ""db,nJ,ngUl"'lllhe''',!,"",'ionwhoJ,,,,,rrI,,,,u''dinlhefuturewi'b ''''f''''''''anyOoolJ,unJertaking''''(lTI_'of~",;<yship'''wiliehi<;"",,h,,"- IN WrTN&SS WHEREOf. DbVfiLOPBRS S~.RTIY AND lND~"\\NITY COMPANY he<; ""sed """"""""n~ to b, ""n"u i>y i~ "'I'<'cti,', he,,"",ve V"'" i'=iden, ""u""<>teJlrrltsS""""'rylhi,r,'dayofl)",,,mbcr,2oo1 6~r'~ C .~) ~-O ~ AHa; "....~-"._.~ By: <<",...~OR~" ::: .J '" ,,*, D",jJH,RhoJo,;,hccu",",vice.rr,.JJon' " ,." OCT ", ""j . ,-<-. j~. 10 ;g; ~d-- "<:.\ lH6 jite! ~ H ~">Q>/O'/l~ .._....~ '" BY'_ ",..t." W,IterA. Cmw,", S<<1'C"ry STATEOF(:ALlfORNIA ] COLTNTYOFORANGt On I)=bcr 1,2001 bef"", me, (<maL Gamer, (bercinre~TIamc,rtJ "~e ortheofi;",,), P<'=',lIyappo.l'C" D,vidH, Rhoo",anclWaltorA, Crowell, P'-""'",Ily""""'" '0 me (O'l""W"u lo mo"n 'hcb.." or"'Li,rao<o'Y ,,,,<lo1lce) <0 be ",prnon{,) who"'"'"'<(')""are..b"nb<<l"'tilewi,hini",trl'm~l1""J "kn"wl<<lg<;dl(>m, ""'!IeI<heith",,,ccort,,u thc","" ,nhiSlh""'''''''''lhoriz<J,,,,,,,,ity(''''J ,"dth"byhi"""itl1e,r"gn"I,,,e(>)on"'iJ'~rumen'<ho~"(,), ortheen,i','OpollbchalfofwhichthepelWll(slac,ed,exocutedlhcm,trumenl WWESSmyhandanJorrkl,I"...1. f . . .. . ~I~~ ~~~~~E~' f U7-na :r: cb,~ ie COMM.#1569561 ! Sigtlaru",_ (SEAL) NOtJ.RV PUBUCCAURlml~ . - OIlANGECOUI/TY CERTIFICATE ~ ~-'-='l".-J - ~ . . ~ I"; I . _ .; r"""dcrs,gned."'^"~'tan'"",n;lBoy,"!DEVELOPERS Sl"RETYANDINI)fMNITYCOhfPANY,doeshe"'by'''''fy''''til'f'''''go,ngPoworOf ^"o""y,"""i",i"fullf""e"""b~'TIotl>ccnl'Cve>l;"",'Jldfurthorn>ot<,tl,"tIJ,,,,,,,'i,io",oftllc",soILillOTIoftllcr"-,pcct,,,eB'...-JsofDi,,,,,,,,",of,,idcoxpo..uOTI '''f_'nth'POw'''ofAtt()mcy,'''n!''",e''''ofth'da'''of'hisCertjfi~, ~ ~" ,/, n,,,Cettifocatei,e'''''''kd,nIhcC'<Y''fhv''',GMom'..lhcJt ",",yo{ '" .la'u,~_acCjlf " ~I-~ . AlbertHilr".-an(!,A""..,otS""""ary JD-14Jj(I)~nwcv, 12/01) ACORD. CERTIFICATE OF LIABILITY INSURANCE I DA"'(U'IIIlOJYYYYI 2/13/2006 "AQOUCER THIS CERTlFICATEIS ISSUEDASA MATTER OF IIlFORMATION " Murr~y , Sons OIiLYAND CONFERS NO RIGHTS UPON THE CERTIfICATE , C '0' 1388 HOLDER.. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVEAAGE AFFOflDED BY THE POLICIES BELOW. 1904 Warren ^~ Cheyenne " 82001 __~_~REASAFFO~DINGCOYERAGE NAICI ~REo - IN,,,",,,,AIG_Environrn,,,n<:al , '=1=' . Envirotecn Services, Inc. t;r~A. -- Team Manag"m,ent, Inc., eo, ~'U;~RC' - ",- 1140 38th Av., St" , --r- - Greeley 00 80634 I~'U""AO' -, - -- ,"SUAERIC COVERAGES INS"""",,," LISTED "",ow F.AVE "",," ISS~g~ TQ THE INm1RST> NAl<1lD A~OVR 'OR mE POLlCY PERW~ INDI""TBD. AEYRl'QUIRE"iillT, rn"~ OR CONDlTIO'" 0' "'IT CONT"",", OR OTHoR DOGUl>'illiT WIm llliSFF".,." TO "HIGf/ TH1S C1lRTlFrr.AT> MAY BE ,"8,]8e' OR ~AY PERT>.IN, TI[F INSURANC~ >,","(JRD"" AY THo ,or.rG13S D1l"CRI"'" EEREIN IS ';OBJEc-rTOAI.L ""Cr.crsrONs hNO mm"TI~N" ?,F SUCH '0".';I3S, AC"'R=T"Ll~n" 8n0'''''"-",, !<Avo B'ENREmrc,", BY HIn CL>.l"S. """""NU"". poue,,,,,,,,,,,,;;- eo "'."'IC"J - OE.ERALU-""lm ,115057 1/15/2006 EAC>HlCCUAAENCE~OOOOOD X C""'MER""''-"ENE'"'-'''''''''I """'UHLN"C' 10000tl P",,, JE>_~~' , OLAIM'''''''ElKloooUR ~ED.'"(,"'''''''''''''I~O 1 PEA'~L'AO'IHJURV__ ,100.0000 j"ENERAl',,""'GA"- ,2000000 ,ocl PAODLlCTS'COA1PIOP;~G .20000tlO ^ I' ^",OlOl.rLEUAlUJn 1115148 1/15/2006 1/15/2007 COA1.,HEDSI""LELJ>.1IT ,1000000 -~ IIE'O''''''''') dAtffAllTO "'OWHEDAllTO' I ,!!OlJILYlt<lURV f.-- ,X,:1SCHEOOtEDA<mlS II''''''''"'') r HI"'DAJJTOS !!OlJ1L"NJURV 1 ~__, N"""-OI'INEDAJJTOS G1P"'''''''",1 - I;- -,-- '"OPERTY"""'_ iP'''''''"'''1 ,G""""L1AOIUTV AU"'ON"'~ACCrDENT , R_AUTO m"EAiHAN "CO , ."TOONLV' 'co , ^ lfl""",,~."mAUA~1JT'V '115291 1/15/2006 1/15/2007 r""OHcttUR"e"'" ,5tlOOOOO ,x_ <XCUR DCL~,\1'~ADE I I AGe"'GATE_ _'500000.0 MD'''"'''''''-E 1 Ji= ,10000 ,x AmN""N , """""'OOlN'ENSAOON""O - l",pLOYERS'UAOJLJT'r , '""",,'AIETDIW',"r.ERlEXECllTWE 1 c..-rCEMoOEM"'""=UDED? ,'AEMPCOVOE, ~~;\'Lemi':'S~""",I,^" , ,..xtcYLI"1T , OOH'. I DESC"'J>YIO'O'OPERATlO."'-OCATlOt<SI",""""'E<CL","""^AOOECOY'."""'EI1ENTIS>EOlAL"OVJ",,,"S Bia"kec ;d"ition., lH"C"'.-'C,TIg.Mrall;,'bilily M,'eopecc,' t,o "ervi,oe. r'ovided by "", N,,-~"d Tn"",'ed, "'91e Connt,y .c"d ."d Rrj,:l~e ~er"'l"ent, '''e "a~ed '" Add;c,1onal lr.8ured0" G.neral T.1,,(,tlity. CERTIFICATE HOlDER CANCElLATION10 Sf!O<Jill ANY OF T~E h~OV3 C'E"CRIB"D P()LI~I3S E1l C~NCELLED Road & Bricgo B3FOR1l ~ EXP1R>,TION D~T' TPEREOF, TIlB '"SUmc INSURER TO "agle C0unty, ~pEt""on~, "~IL 30 D~Y" WRl~l'EN ""TICE TO Tl'o CERTIFIC.,TC HOLDER Mt'" :!hanGa Park~r NAMED TO THE LEPT, PO gO>:: 2'" E~gle C'JdJ631 AU'HOO"EDAEP'ES"".,W" J4<;.."......;._.Af,~ ACORD 25(2001108) @ACORDCORPORATIONl9Be IMPORTANT If the cel1~icate holder is an ADDITIONAL INSURED, the policy(i...) must be endorsed. A statement on this oertificate does not confer rights to the cel1ificate holder in Ii euoJ"uchemlorsement(s). It SUBROOATION IS WAIVED. subject to the terms and condijions ot the policy. carlain policias may require an endorsement A statement on lI1is certificate does not conter right" to the certiJicate holderinlieuofsuchendorsement(s) DISCLAIMER TheCertiticate 01 Insurance on the reverse side of this form doas not oonsUI ute a contract between tha issuing insurer(s). authorized representative or producer, and tI1e certificate holdar, nor does it affirmatfvelyor negalivelyamend, eXlend or alter the evVl3rage afforOOd by the policies listed thereon. ACORO~5(2001/(la) . ( , , CI,ent#: 4~~,5 "",.NSE ACORD. CERTIFICATE OF LIABILITY INSURANCE I[)'''E'~ 0:1113106 POODUC'R TtII$CERTlFICATE!$ISSUEDA$AMATTEROFINFORMAl101l Flood & Pelerson In.. Inc. ONLYANCCCNFER$NCRIGHTSUPONTHECEFmFICATE P.O.5ox578 HOLDER. THIS CERTIFlCATEDOESNOTAMEND,ElITEND OR ALTERTHECOVERAGEAFFORDEDSYTHEPDLICIESBELOW. 46117W.18thS"""t Greeley. CO 80632 IN$URERSAFFORDINGCOVERAGE NAIC* '",,"AED INS"","^,PinnacoIAssurance EnviroTaohServioooslno. '''''ORERa' 114038thAve.Suilel IN'UA",'" GreelBY,CO 8O!>34 '''''UREAD INSU""" , COVERAGES 1l<EPOUCIESOFINSURANGELlSToOBElOWHAVEBEENrsSUEOTOTHEINSUREONAMEDABOVEFOR THE POLlCV PERIOD INDlCAT'O.NOTWITHSTANDI"" AmREOLJIREMENT,TERMOAGONDITIONOFAmGONTRACTOROlliER[)(JCUMENTWITHRESPECTTOWHICHnllSCERTIFlCATEMAYBEISSUEOOR MAYPERTAIN.THE'NSURANCEArFORDEDBYTHEPOlICIESDESCR'BEOHEREINISSUOJECTTOALLTHETER"'S,EXCLUSIOOSANDOONOITIONSOFSUG" POLlC'CS_AGGREGATElJM,TSSliOWNMAYHAVEBEENREOUGEDBYPAIDCLAlr.IS, ro Y'FFEOTWEF""'-TlON " "" TYPEO".'"RANCE I'OUCYN_ER "- "".<RALLWlIUTY EAC"OCCORA'''''E " =M'"C"'lOENE""'-lI"~'" """'OETORE""'" , CL.o\IM,""JEDOCCUA ",o"'PrA"""" -, . PERSON"'ADV'''-'U"V , G'N'",-l"-GGREGAT< . ~Sl',lMM~E;:"'TAlp'i':'ER' "ROOUCTS_COMP/{l'AOG , =lCy RQ; LOC AlJTOOOO"UeL'A"U" <)(l~"NEDSlNGLELI"IT ('''- , A""AUTO f- ,"-lm"'EOAlIl"" "'DIlVlNJLJRy ''''I''''''') . %HEDULEDAli''''' HIREDAlJTOS "'OILYINJU"" 1"'-) . NO<<-0WN'OAUTOS PR(1I"A'YDAMAGE . IPm'_Q i":"'.....''''TY 'UTOONLY_EAACC,OENT . >NVAlIlO OTH'RTH>N "~ . AUTO "'LV, - . 5~""""REUALI"'~'" EAO"=UR"'N(" , OCCUA o ".....,"S"""'" AOGREGATE . , ~.O":UC"'lE , REI'NooN, . , WOR"-'.S_.....TlO"A.O 2108372 ~.~ 02/01107 , "'-"TATLI_ mH_ o "'PLOYE.S'LJAaou-r, 'LEACHAOCtOENT .1000000 A"'P"",PA'ETO""'^",NE~EXEC"'''''' OFFTCE,,^,'M"AEXCLU,",'" ELO'''AI''_EAE"PlOYEE ..00 00" ~r';>,:f""b6"- .. 00000 ' l,"-p"",'IISKlNSb 'LDISEASE.CClICYLlMIT O'"ER DESC"'. T1QNO.O..RATlO""'LoO.T10""'v'HIC....r""OCLlSlO""AOO'OBYENOO""'MlENTISPECIALPRO","QN' CERTIFICATE HOLDER CANCELLATION >HQ"LOANYO"HH"OVE~O"'.'OPO""'''B'O'''OELLEO....ORETHEEX''RATlQN E&gl" County R:oad and Brldg" OATETH,"'OF,THE""UIN"'",,"A""W1LLENOEAVO"TO"""--1lL DAYSW"rT1'a< P.O. Box 250 .m'C'TOTH'C'"T1~CATEHOUl<R"A"'OTOTHELE"'.""'FAJL"""OOO")s".LL S289 Cool"Y MeGa Road IMPO'E""OOLIGAT<O.GRu'.lurro'ANY"NOUPOt<THE.","""rrsAO'NTSoR Eaglo,CO 81637 R'PRES'NT.TIVES .UlliO">EOREPAESE.TA1lV, F/~od. T" ;-L-I.vsc""-.! I-...'...........JUJ ,:z;,.JC. ACORC 25 (2CO'1\l8) 1 "" 'Ss.:l8798fM338797 '" ~ ACCRCCORPORATION1\l88 ( . I IMPORTANT If tI1e certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. Astatemenl on lhis cellifioate does not confer rightstothecert~ic.te holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. "Main policies may require an endorsement_ A statement on lhis certificate does not conler righ15 to the oertificafe holoorin lieu of such endorsement(s), DISCLAIMER The CMiflcate oflnsuranca on the reverse side of this form doosnotconslilute a conlractbelWaen the issuing insurerjsj, aulhoMzed "'jJresentativaor producer, and the certi licafeholder, nor does it aHirmaU\I<lly or negatively amend, extend Or alter the evverage aftordedbythe policies lisledthereon. ACORD2i>-S(2001108) 2012 #$3:l87981M338797 '(" ___,;!;''';.-LWi' .'i ",,"'.,',x.'x. '",,'. """''-;',\ (P..OOUCT DESC..'PTION r '~~~~~~~r is'a'~'j~'~'~~~~'~~de of magnoolum chloride (MgCI;,) used as a dll.$loontrol and so~stabilizalion I agent. Magnesium chloride is a hygroscopjc compound lI1al attracls moistUre from tha air and resists avapora~on. RoedSaver binds fine dusland aggregate to kaep surflioes slablsandduslfrae. I , "USES OR ApPLICATION 't~ ~ .~~~': ~O~;~i' ~~~.~;: ~~" 'r~'~~~Snded appljoa~on rale is 0.3 - 0.5 gaiions per square yard. When conlinually F using Roadsaverasa duslcontrolprodlJGtlheappiiGatlon rales can tend t odocreasefromthaO.51oIheO.3rale dependjngonweall1erandtraffoc. Con~nual use wiHhelp reduce road base loss. As a soil stabWzer, using a 2-3" blaoomixprocsss, il is recommendsdlo apply a tOlai of 0.4-0.5 gallons pa r square yard. AcoordingloltieCoiorado SlalS University Sludy on lho Relative EffeefiVfJness of Road Dust Suppressants, magnesium chloride cui partormed calcium chloride, in lerms of dust controi throughout a 145dayleSlpo riod. (See graph below) I , fP"'....ORMANCE: ANO DIA<;RAMS -- -, -~a~~'~i~~ '~~~;j~~';~~~~;,-~~'I~i~~ ~~iOrida {CaCiJ, and Iignosulfonales are the dominanl dust oontroland I road stabilization products in NorlhAmerjca. ThessproduGtsprovidoexGellenlpelformarlGedependingonltie environmenlalchallengebejngfacod. Suchlaclorsastoin~ralure. . . humjditylavel,preclpilalion,andespeclaiiysoiVaggmgatetypaigradalion'-------' Fugitive Oust Collected wiil impaclltis success or fajiuroof one produCI varses another_ i 1.' TheTransportalionAssooiationotCanada{TAC),iniIsGuidelinesfor ..,..., COSfEffectiVfJ Use and Application of Dust PalliatiVfJS suggoots that , , __Uo_ "calcium chiorlde loses its Ilygroscopicjty (ability to absorb moistura trom 1..7S ~.c,CI, , .. llleairj as relaliV<l humidity decraases. Calcium chloride should be used '1;'.0 . wjjhcautioniflongdrySpejisareanlicipaledorIOWhumidjtyexists_" !'." They found Ihal 'magnesium chloride, whde also hygroscopic, remains . .~" . . So at much higher temperatures and lower relative humidity than caiclum o . . '" '" chlolide and lnerefora maybe more suijatHelo dryciimates." Theyaiso -........- stataltialmagneslumchiorideis"lesscoJTosivelhancaiciumchiolide: , , :F'o;ATU"E:S 8EN"'F"jTa , ....- , OUSlsuppression _" Keeps fines on road " Better publiG relations "Cleanera~ "ReducesdusttoPM10standard Improved road qual~y .... " F.wsrpol holes 'lasswashboarding " Ensure publk; safely Road stabilization ".".... .'l.ssIOSS of road base " Raduces wad maintenance " More value lor the dollar People He/pillg People lmprove Their Elwironment PRODUCT SPECIFICATIONS (RoadSaver and RoadSaver He) CHEMICAL PROPERTIES Chemical Com osition Minimum % Maximum % Ma nesiumChloride 30 33 Sulfates 0.0 3.5 Potassium 0.0 0.5 Sodium 0.0 07 CONSTITUENTS Constituents MiIIi rams erLfter m L TotalPho5 horous <1Q,QOm IL C anide <O.05m fl Arsenic < 3.00 m IL Co , <a.10m IL Lead <O.SOm IL Mereu <O.050m IL Chromium <O.100m IL Cadmium <O.150m IL Barium <10.00~l Selenium <O.30m L Zinc <10.00m fL AmmoniaorNilro en <O.OOm IL Mol bdenum < 15_000 m IL PHYSICAL PROPERTIES . Clear to yellow in color . 10.85-11Ibs.pergallon . 6-7.5 pHofa 5% solution 211312006 MATERIAL SAFETY DATA SHEET SECTION 1: MATERIAL JDENTIFfCATJON Tra<1eName: Road Saver@ Chemk~J Name: Magnesium Chloride So/urion Manuf~<.1;urer: U;"Magnesillm Disrributed by: EITI'iroTechServices, fllc, Addre8~: 238Norrh2200Wesl Addres~: fJ40381h Ave,Suitel SallLakeCity, UT841l6"292f Greeley, CO 80634 Telephone: 801/532"2043 Telephone: (970)346-3900 Date Prepared: April 10, 2002 Updated: Aprill,2005 SECTION 11: HAZARDOUS INGREDlENTSIIDENTITY INFORMATION None SECjlON Ill: PHYSICAL/CHEMICAL CHARACTERISTICS Boiling Point: 225"F pH: 6 - 9 in 5% so/uNon, 5 - 5.5 af shipped Vapor Pressure: ,vA Vapor Density: ,vA Solubijity in Water: /00% Specific GnlVity: 1.24 to 1.34 Melting Point: NA EvaponltionRate: I Odor/Appearance: Liquid. Cfear to Slight Yeflow, Very Low or No Odor SECTION IV: FIRE AND EXPLOSION HAZARD DATA FjashPoint: NA (Non,f1ammable) Flammable Limits; STP in Air LEL: ,vA VEL: NA Extinguishing Media: NA (N()Il~ammable) Speci~1 FireFightingProcedure~:None Unu8\m1 Fire and ExpJo~ion Hazards: None SECTION V: REACTIVITY DATA Stability: Stahle Incompatibility: hone Hazardous Decomposition or Byproducl1;: NOlle Ha7.-ardou~ Polymeri,,-..ation: Will hor Occur Condition~ to Avoid: None Road Saver@(Cont'd) Page 2 SECTION VI: HEALTH HAZARD DATA Routes of Entry: ingestion, bye Contact, Skin Can/act and infmlarion Effects of Overexposure; Ingestion-.Large doses would cau,,'e GI irrilation Emergency and First Aid Proccdures:Flush with water SECTION VII: PRECAUTION FOR SAFE HANDLING AND USE Steps to be Taken in Case matetiaJ is Rele~ed or Spilled: FlmI/ with water. Waste Disposal Method: Soluble in wata. j'/eulrul or slightly basic solution occurs when dilute. Standard wm'te water processing may he med. Precautions to be Taken in Handling and Storage: No speciol requirements, Avoid conluct with leather. Other Precautions: Normal S/undard pruclfce (or good h}'j?iene . . SECTION VTII: CONTROL MEASURES RespiratotyProtection; None Ventilation: Local exhaust: NIA Mechanical (general):NIA Special (Other): NIA ProtectiveGJovcs: N/A Eye Protection; Gla."ses with ~pl(/sh shields Other Protective Equipment or Precautions: NIA The i'{ormalim, eollla;"ed i" Ih;s Malerial Safel)' DaTa Sheet is, w Ihe besl a/our luwwledge, accuraTe and rdiabk !lo ,,"arrant, ojany kind is dlher expre.\',\edor tmplied. This injimnalioll shauldbeprovidedw all indil'iduals handlillg lhis pro duel. Federal,stale,undlocalreKlllaT;olls .\'h",ddbcfol/owedwhel1h""dl;ngthi,\produel. THEN ~RICAN INSTITUTE OF ARC' 'TEeTS , BOND #882342 AlA Dowment 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): EnviroTech Services, Inc. DavalopersSuretyandlndemnityCompany 1140 38" AV&nu9. Suite 1 17780 Fitch. Suite 200 Greeley, CO 80634 Irvine.CA92614 OWNER (Name and Address): Eagle County Road and Bridg& 3289CooleyM95aRoad Gypsum. CO 81637 CONSTRUCTION CONTRACT Date: March 1. 2006 Amount: $223,073.52 Description (Name and Location): 2006 Magnesium Chloride - furnish and apply magn&sium chloride to various Eagle County roads. BOND Date (Not earlier than Construclion Contract Date)' March 1,2006 Amount: $223,073_52 ModificationslolhisBond: None o Seepage3 CONTRACTOR AS PRINCIPAL SURETY EnviroTechServices.lnc. Developers Surety and Indemnity Company Company: (Co Seal) Company:{C ora/eSeal) ,,/ ! Signature: ~ Signaturlv.1' --/ Name and Title\ Valerie A. aY-in~ , (Any additional signatures appear On page 3) -- (FOR INFORMA nON ONL Y - Neme. Address end Te/ephol1e) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer Ed Murray & Sons or otller party) 1904WarrenAvenua Cheyenne,WY 82003 (307)635-4231 --- ---- AIAOOCUI>IENTA:lI<.PERFOR'.tI<NCEBONC.-""j.JPAYMEN,oOND.DECEM"ER1O'_ED..AlAi!!) THE AMERIGA" IWTITUTE OF AR~HITE~TS. 1736 NEW YORK AVE.. NW , ',,"AS'<INGTOt<. D.C. ~,,"" A312.19&4 , Tli'RDPRINmG,MAR~f.1S"7 , The C<lnlraclorand lheSurety{ try and severally, , Deny( Qity in whole orin part and nofifythe bind themselves, Iheir heir5,exec_.Jrs, administrators, Owne' ,'ngreasonsthereror. successors '"" assigns " ,", Owner ,,, ,", performance of the Consff1.Jclion Contract, which is 5 If the Surety does not proceed as provided in Paragr"ph inoorporated herein by reference 4 with reasonable promplness. the Surely shall be deellled to be in default on this Bond fifteen days after receipf of an , If the C<lntraclor pertormsthe Construction Contract, additional wlitten notice from the Owner to the Surety lhe Surety and the Conlraclorshall have no oblig"tion demanding that the Surety perform its obligalions under under this Bond, e~cept to participate in conferences this Bond, and the Owner shall be entitled to enforce any as provided in Subparagraph 3.1 remedy available to the Owner. Ifthesuretyproceed'3s provided in Subparll;)raph 4A, and the Owner retusesthe , If there is no Owner Default, the Surely's obligation payment tendered or the Surety has denied liability. in under lhis Bond sh,,1I arise afte" whole or in parl, wilhoul further notice the Owner shall be " The OWner has notified the C<lntractor and the enmled to enforce any remedy available to the Owner. Surely at its address described in Paragraph 10 below that the OWner is considering declaring a Contractor Ii Aflerthe OWner has termlneled the Contractor's right 10 Defaulland has requested and a[lempted to arrange a complete the Construclion C<lntract, and If the SUr€ty conference with the Contractor and Ihe Surety to be eieGtsto ad under Subparagraph 4,1, 4.2, or 4.3 above, held not later than fifleen days after receipt of such then the responsibilnies of the Surely 10 the Owner shall nofice " discu", metl10ds 0< performing <0, not be greater than those ot Ihe Contractor under the C<lnstructionContract IItheOwner,lheContractor Construction Contract. '"" ,", responsibilities oflhe and the Surety agree, the Contractor shall be allowed a Owner 10 the SUr€ty shall not be greater than those of the reasonable time 10 perform the C<lnstructlon Contract, Owner under the C<lnstruction Contract To the limn of the bul such an agreemenl shall not waive fhe OWners amount of this Bond, but subject to commitment by the right, n any, subsequently 10 declare a Contractor OWner of the Balance of the Contracl P~ce to miligatioo of Defaull;and costs and damages on the Construction Contract, Ihe ,., The Owner has declar€d a ContradorDefaulland Surely is obligated wilhout duplication for: formally terminated the Contractor's righllo complete 6.1 Tlle responsibilities of the Contractor lor correc[ion thecontracf. Such C<lntractor Default shall nofbe Of defective work and completion of the C<>nstrudon declared earlier than lwenly days after the Confraclor Contract: and the Surety have received notice as pruvided in .., Additionallegai. design professional and d"lay Subparagraph 3.1; and coslsresuUing from Ihe Contractor's Default, '"' 3.3 The OWner has agreed to pay the Balance oflhe resulting trom the actions or failure 10 act of the Suraty Contract Price 10 Ihe Surety in accordance with the under Paragraph 4; and temls 0< <0, Construction Contract " '" , ., Liquidated damages, or Ifnel liquidated damages contraclor selected to perform Ihe Construction are specified '" lheConstruction Conlracl, actual Contract in accordance with the terms of the damages caused by delayed performance or non_ COJltractwith the OWner, performanceoftheConfractor, , When <0, Owner "" satisfied '"' conditions 0< 7 The Surety shall not be liable 10 the Owner or others for Paragraph3,the Surety shall promptly and at the Surety's obligations of the Contractor fhal are unrelated to the expense lake one of the following actions: Construction Contracl,andthe Balance Of the Contract " Arrange for Ihe Contractor, with consent of the Price shall net be reduced or set off On account of any Owner. to perform and complete the Construclion sucl1unrelatedobligalions No ffghl of action shall accrue Confracl;or On fhis Bond to any person or entity olher than the Owner " Underlake <0 perform ,"" complete '"' or its heirs, executors, admlnistralors or Successors. Construclion Conlractitselt,through its agenlsor through independent contractors; or . ," Surely hereby waives notice of any change, 4.3 Obtain bids or negotiated proposals from qualified including changes ottime, to the Construction Contractor contractors acceplable to Ihe Owner tor a contract for '" related subcontracts, purchase orders '"" other performance ,cO complelion of the Construction obligations. Contract, arrange lor a contract 10 be prepared for 9 Anypmceeding, legal or equitable, underthis Bond may execution by the Owner and lI1e contractor selected be instiluted in any court ot competent Jurisdiclion in the with the Owner's concurrence, to be secured with location in which the work or part of Ihe work is located and petiormance ,cO payment bonds executed '" shall be instituted within two years aflerComractor Detault qualilied surety equivalent to the bonds issued on the orwilhintwo years after the Contraclorceased working or Construclion Contracl, and pay to the Owner the within two years afler the Surety refuses or fails 10 perform amounl of damages as described in Paragraph 6 in its obligations under this Bond,whichever occurs firsl. If excess ot Ihe Balance of the Contract Price incurred the provisions of Ihis Paragraph are void or prohibited by by the OWner resulting lrom the Contraclor's defau~; law, the minimum period of limilation available to sureties "' as a defense in lhejurisdiction of the suit shall be " Waive ils right to pet10rm andcomplele, arrange applicable. for completion, or Obtain a new contraclor and with reasonable promptness under the circumstances' .1 Afterinvestigation,detemlinetheamounflor which it may be liable 10 the Ownerand,as soon as practicable after the amount is determined, tender paymenttherefortothe OWner; or AIADOCUM~NTM12.?"RrO"M,'NCEBOfroAN~"AYMEN, BON"_"",CE"'""" 1",.m..ALA'" TH"A'''c'''CM'It,3T1TI)T"OFft.RCHIT"CTS 1735 NEW VOi1X A'iE.. t<w. ,,\'^.SrlINGTor',D.C ;.",,(~ A312_1984 , Trl'"DPRINTING.MARGrl,"" 10 NO~G<3 to the Surety, lI1e Owner [" ,eConlractorshall by ll1e Own;'. ,] settlemenl of insurance or ocher be mailed or delivered 10 lhe address shown on lhe claims tor damages to which the Conlractor is entiled, signature page. reduced by all valid and properpaymenlS madefll or on behaffoflheContraclorunderll1eConslruction " When lhis Bond has been furnished to complywilh a Conlract. stalutol'{orotherlegal requirement in lhe localion where lhe construction was to beperformed,anypmvisioninll1is 12.2 ConslruclionContract The agreement betNen Bond conflicting with said stalutoryor legal requirement " Owner '"' ., Conlractor identified onlhe shall "' deemed deleted herefrom '"' provisions signalure pa~e, including all Contract DOGUmenls and conforming to such slaMory or other legal requiramanl chan~es ll1ereto shall be deemed incorporaled herein The inlentis thai this Bond shall be construed as a statutol'{bond and not 12.3 Contractor Defaull' Failure of the Conlractor, as a common law bond which has neither been remedied nor waived, to pertormorotherwise 10 comply with the IefTTlsofthe 12 DEFINITIONS ConstructionConlract 12.1 BalanceoitheContraClPrice: The total amount 12,4 Owner Default: Failure of the Owner, which has payable by the Owner to the Conlractor under the neilher been remedied "m waived, 0 pay the Construction Contracl after all prope' adjuslmenls Contracloras required bylhe Construclion Contractor have been made, including allowance ro '" to perform and complete or comply will1l11e other Contractor or any amounls received or to be received lermsthereof. MODIFICATIONS TO THIS BOND AREAS FOLLOWS None. (Space is provided belowtoraddilional signatures of added parties,olh er Ihan lhose appearing on the cover page.) CONTRACTOR AS PRINCIPAl SURETY Company: (Corporate Seal) Company' (Corporate Seal) Signature:. Sig~ature: -- Name and Tille: Namea~dTitle: Address: Address: AJAOOCU"E-NiA'''.PERFGRMANCc60NDAND"AYMENT,~D.OECEM8ER'''';4--ED.AIA'" rHcM,lERICANINSTIi'UTcOF.\RCt<ITECTS.17%NEWYORKAVE,N.W.W.\S,,,NGTGN,De,,,,,,,, A312-1984 , H<IRO?RINTlNG.IA'HCH,." ( ,. THE f-\I'AERICAN INSTITUTE OF ARl.--!ITECTS " r)' " aOND#882342 AlA DocumenlA312 Payment Bond Any singular reference 10 Confractor. Surety, Owner or olher party shall be considered plural where applicable. ~- CONTRACTOR (Name and Address): $URETY(NameandPlincipaIPlaceof6usiness): EnvlroTechServices,lnc. Developers Surety and Indemnity Company 1140 3S'hAvenue, Suite 1 17780Fitch,Sulte200 Greeley, CO 80634 Irvin&,CA92614 OWNER (Name and Address): E3gleCountyRoad and Bridge 3289 Cooley Mesa Road Gypsum, CD 81631 CONSTRUCTION CONTRACT Date March 1,2006 Amount $223,073.52 Oescriplion (Name and Location): 2006 Magnesium Chlorlde- furnish and apply magnesium chloride to valious Eag!', County roads. BOND Dale (Not earlier than Construction Contract Date): March 1,2006 Amount: $223,073.52 Modifications to tllis Bond: None o See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: EnviroTechservices, Inc. Company Developers Surety and Indemnity Company (Corporate Seal) (ColporateSeal) "g""cce~ Signatu~. Name and Tille: - Namean Tit: alr,e - (Any additional signatures appear on page 6) ~.~ -~ (FOR INFORMATION ONL y. Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Archifecl. Engineer Ed Murray & Sons Or otl1erparly): 1904WarrenAvenue Cheyenne,WY 82003 (307)635-4231 - '.- - -- ..,,- AlA DOCUMENT A312, PERF()RMA~'CE B'.l'JO.^NO PAY'.'E~1' BorJD. OECEMBER 1_ EO.' AI.^';; THcAMERIC'-N ,"'STITUTE 0' ARC.'<lTECTS. 1735 rJEVI YORKA'/E, ~'.W.. WAS,,"'GTO~, [J.e 2~JO" A312_19S4 , T,m[)POI~1''''G.MA"CH1'87 1 Tile Contractor and the Surety, ioj~tly and severally, bind 6 When th~ Claimant has satisfied the conditio~s ( Ihemseives, lI1eir heirs, ex~ rs, administrators, Par39raph 4'J Surety shaH promplly and al tho Sure'y' succeSSDrs ana assigns 10 lhe ,...ertopayforiabor, expense take ,~.ollowing aClio~s' maMrials '"' equipmenl furnished '"' m' '" ", .., Send an a~swer 10 the Claimant. with a copy 10 th perfonnatlCe " '"' Construction Conlract. which ;, incorporated herei~ by reference. OWner.wilhin45daysafterreceiplo/lheclai,TI,statin, the amounls Ihatare undisputed '"" the basis <0 2 With respecl to the Owner, lhisobligalion shall be nuil and challengi~g any amounls that are dispuled. voidiftheConlractorc "' Payor arrange for paymenlot any LJldispUle( ,., Promptlymakespayment,direcllyorindirectiy,/orall amounls. sumsdueClaimanls,a~d 7 The SUrety'Slolalobligationshalinolexceedtheamounl 2.2 Defends. indemnniesand hOldshannless lhe Owner of this Bond, and the amounl of lI1is Bond shall becrediled from claims, demands, liens or suits by any perso~ or for any paymenls made in good fajlh by the Surely. entity whose claim, demand, lien or suit is for lhe paymenl " Amounls owed by Ihe Ow~er to lhe Contraclor under Ih.,- for labor, materials orequipmenttumished lor use in Ihe performance of the ConSlruclion Contract, provided lhe Conslruction Conlraclshall be usedforthe performanGe Dflhe. Owner has promptly notified the Contraclor and the Construction Contracl and 10 satisfy claims, if any, under an~'- StJrety (at th8 address descnbed in Paragraph 12)ofany Conslruclion Pertormance Bond, BylheConlractorlumisllin, claims, demands, liens or suits a~d tendered defense 0/ and the Owner accepting lhis Bond,lhey agree that all fund" sLlch claims, demands, liens or suits lolhe Conlractorand earned "' ", Conlractor ;, ", performance ., th,.- lheSurety,andprovidedlherelSnoOwnerDelaull. Construction Contract are dedicaled 10 satisfy obligalion~ ,,' theContraclorandtheSurelyunderthisBond,subjectlo:h,' 3 Wilh respE>CllO Claimants,lhisobljgation shall be null and Owner's priorily to use Ihe funas for lI1e complelion oftl,". void if Ihe Conlractor promplly makes paymenl, dirE>Ctiy or ~'" i~directly. for all Sums due, , The Suroty shall not be liable to the Owner, Claimants 0;' , The Surety shall have no obligalion to Claimants under others tor obligalions oflhe Contractor lhal are unrelated to this Bondunlil: lheConSlruclionContract. The Owner snail not be liable for ,., Claimants who are employed by or have a direct paymenl of any costs or expenses of any Claimamunder Ihis Bond, and shall have under this Bond noobljgalion, to make co~tract with the Contractor have given ~otice to the payments to, gjve nOlices on behalfot, or otherwise have Surety/alll1eaddressdescribedinParegraph12)and obligalio~s to Claima~ts underlhis Bond. santa copy, or nolice thereof, to the Owner, stall~g lhal " claim is being made under lI1is Bond and, wilh 10 The Surety hereby waives noliceof any change, includin\. su!>slantial accuracy, the amounlo/lheclaim changes of lime, to the Construction Contract Dr 10 relalec 4.2 Claimanls who do not hav8 a directco~traclwith the subcontracts, purchase orders and oll1er obligalions. CDntractor: " NosuiloractionshallbecommencedbyaClaimanlund",'- ., Have furnished written noliceto the Contractor lhis Bond other than in a courlot cOmpetenljurisdicbon in'lh~ and senl a copy, ornoticethereof,toll1eOwner, localioninwhichtheworkorpartottheworkislocateaoraftet within 90 days after having last perfonned labor the expiration of One year from lhe date (1) on which .the or laslfumished materials or equipmentjncluded Claimant gave the notice required by Subparagraph 4.1"1< in Ihe claim stating, with substantial accurecy, Clause 4.2.3, or (2) on which the lasllabor or service.'.'-"'~ the amounl of the claim and lI1e name 0/ the perforrnedbyanyoneorthelaslmaterialsorequipmenlw,,;:,,, party 10 whom lhe materials were fumished or furnished "' anyone under ., Construction Contr.'id, supplied or for whom the labor was done or whicl1everDf(1) or (2) first occurs. Iflhe provisions of ihi" performed; and Paragraph are void or prohibited bylaw, themjnimum perioc' ., Have either received a rejectio~ in whole Or in of Iimilation available to surelies as a defe~s8 in lh.,' pari/rom the Contractor, Or not received within jurisdiclio~olthesuj(shall be applicable. 30 days of furniShing the above nolice any 12 Notice to lI1e Surety, the Owner or the Co~trector shall be communication from the Contractor by which lhe Contractor has indicoled the claim will be paid mailed or delivered to Ihe address shown on the sig~ature directly or indirectly; and page Aclual receipt of nolice by Surely. lhe Owner or the ., NOI havi~g been paid within the above 30 days, Conlractor, however accomplished. shall " sufficient compliam:e as of the date received at the address shown 0'-- have senl a writle~ ""lice to lhe Surety (al the the signature page, addressdescrjbedinParagrapht2)andsenta copy, or notice thereof. to lI1e Ow~er,slatinglhal B When this Bond has been furnished to comply wilh a claim is bei~g made under this Bond and stalutoryor other legal requirement in Ihe location where lI1: enclosing a copy ofll1e previouswntten nOlice construclion was to be performed, any provisio~ i~ this Bone /urnished to Ihe Contractor. conflicling will1 said slatutory or legal requiremenls shall b"' , Ila nolice required by Paragraph 4 is given by the Owner deemed deleted herefrom and provisions confomiingto s,-,c" m '", Contractor " '", Surety, Ihat ;, sufficie~l slatulory '" other legal requiremenl shall " deeme( " incorporaled herejn. ,", intent ""' tl", compliance. " 'u""OCUM.t<T"''''rERCOR',^''CE''''ND/.I,"eAWEflT''''ND,('ECE't3ER19'''ED,'A''.~ T"F/'~ERICA"""TlTlJTEOFA"CHITECTS,i("NF"IYORKAVE N.'N W'-.S"'NGW",D,C."'''' "'12."" , IHI,'O'RINrI"G..,'-RCH19", Bond shall be conslrued asa statulc Jndand not as a ;, '"' Con\ ,lion C<lnlract. archilectural <c, common law bond engineering services required lor performance oflhe work " ", Contractor '"" ", C<lntraciors 14Uponrequestbyanypersonorentityappe.ringtObea subconlractors, '"' '" other items for which , polenllaibeneticiaryofthisBond.lheContraClorshall mechanic's Hen may be asserted in the jurisdiction , promptiyfumish "ccpyotll1iS Bond or shall permil a copy where ;0, I.bor, materials 0< equipment Were tobemade furnished " DEFINITIONS 15.2 ConstruclionConlract; The.greemenlbelween '"' Owner and '"' Conlractor idenlified On the 15.1 Ciaimant: An individuai or enlily having a direct signature page, induding ail C<lntract Documenls and conlractwiththe Contraclor or will1 a subcontractor of changeslherelo, the Contractor to furnish labor, materiaisorequipmenl tor use in Ihe performance of the Contracl. The intent 15.3 Owner Default Foiiure of lI1e Owner, which has otll1isBondshallbetolndudewithoutiimil.tionintl1e neither been remedied "0< waived, " '" '", lerms "i"bor, molenais or equipment' thai part of Conlractoras required by the Conslrudion Contmct or weter, gas, power, iighl, heal,oil, gasoline, leiephone 10 perform and complete or comply wilh Ihe other service oc rent.i equipment used termslhereof MODIFICATIONS TO THiS BOND ARE AS FOllOWS, None, (Space is provided beiowforaddilional signaluresofadded parJj es,other Ihan 1I10se appearing on the cover page.) CONTRACTOR AS PRiNCiPAL SURETY Company' (COrporaleSeal) Company (CorporaleSeal) Signature:_. Sjgnature:_ Name and Title: Name and TiUe: Address: Address: AiADOCUM'NTA3'~'PERFO~t.iANG'"ONDAf'DPAYMENTa8"D.DEEEMBER"""ED._AlA" - THEMiERICA" INSTITUTE OF A~c'<nECT0, "';,",WYORI< AVE.. NW, Wt,SHINGTCN, D.C 1<)lU A312.1984 , THIRDP~INTlfiG.""'''GH18'.; POWER OF ATTORl'iEYFOR DEVELOPERS SURETY AND INDEMNITY COMPANY POBOXl972S,lRYINE.CA9J611('I49)16,1_.110fl www.lIlSOOThOO.OOm KNOW AUMEN BYTIlE.<lEPRESENTS,<h>tmcplas e:<p",..iyIEnited, DEVELOPERS SURElY ANlJINDEMNIlYCOMi'ANY<Ioe.!h<<<by""""onsntute .ndappo;"" ***William M. MUrray II, Garth M. Boreczky, Valerie A. Lujan, Cathy L. Ridenour, jointly or severally*** ..i~"""andll"fulA"""'"lo(<)-;n-F"t,",m,l;e.e:<ecute.deJjvermdocknowlodgo,fo"ndonl><lialfofsaidoo'P""'tion.."""ty.boods,_king>llIldcotUrac~ oh"""y>h;pgivingand!l""'linguo",saidA<lom,y(,)-m_Factlullf'OW""d,othori'Y",ooaodLop<<fonn""').'''noccs",ry.,oqu;'iteo,prop"Lobe dnu,;n oaon",'",olh=wilh..th'''''l'''r.nonooulddo.o,'=",;ogtelhc'''''l'or>tionfuIIpowerofsul>sti""iooODJ=","""",andaIIoflh'"~of"idAtto",,,y(,)-in- F"~p""'tJJl"t,"1h=pr"""",,,",herebyratitiedaod,,,,,,fi,,,,oJ. 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