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HomeMy WebLinkAboutC06-116 ( 6:;('1/&_&3 ( AGREEMENT FOR SUPPLYING, LOADING AND HAULING ROAD BASE MATERIALS PROJECT THIS AGREEMENT is dated as of the 22nd 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 Lafaroe North America, 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, LOADING AND HAULING ROAD BASE MATERIALS PROJECT AS SPECIFIED IN EXHIBIT "A" which is attached hereto and incorporated by this reference, ARTICLE 2 - OWNER'S REPRESENTATIVE The Project is under the authority of the Eagle County Road & Bridge Department, the Director of which, or his designee. shall be Owner's liaison with Contractor with respect to the performance of the Work. ARTICLE 3 - CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before JULY 30. 2006. 32 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 atterthetime specified in paragraph 3,1 for completion until the Work is complete. Agreement Pagel , , ARTICLE 4 - CONTRACT PRICE 4.1 The funds approprialed for this project are equal 10 orin excess of the contracl amount. 42 Owner shall pay Contractor for perfonnance 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". 43 Pursuant to the provisions ~24-91-103.6. C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under 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 of the progress of the Work. 5.1.1 Prior to Completion, progress payments will be in an amount equal to: D 90% of the Work completed until fifty percent (50%) of the Work is performed, after which no additional retaining shall be withheld, and D 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 Page 2 ( ( 5.1.2 Progress payments and retained funds shall occur in compliance with Paragraph 19 of the General Conditions attached hereto and C.R.S. !l24-91- 103, The Owner shall authorize partial payments of properly requested amounts of at least ninety percent of the calculated value of the work completed unlilfiflypercentoflheworkrequiredunderlheAgreemenlhasbeen 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 Jeast ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the C.R.S. ~38-26-107. Final payment shall be made in accordance with the requirements of the aforesaid statute. ARTICLE 6 - Contractor's REPRESENTATIONS In order to induce Owner to enter into this Agreement Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as hedeems 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 ,orsimilardata are, or will be required by Contractor for such purposes. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all confiicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. Agreement Pag~ 3 ( ( 6.5 In performing the work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and stale income lax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of Ihe following: 7.1 This Agreement. 7.2 Contractor's Bid. 7.3 Performance and other Bonds. 7.4 Notice of Award and, if any, Notice to Proceed. 7.5 General Conditions (Pages 1 to 10, inclusive). 7.6 Specifications and Drawings. 7.7 Any modification, including Change Orders, duly delivered after execution of Agreement. 78 The parties acknowledge and agree that the terms and conditions of this Agreement (7.1) and the General Conditions (7.5) attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 - BONDS Not later than five business days following the execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. Agreem,mt Page 4 , , , ARTJCLE 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 maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.3 A TIORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit othelWise 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. 95 INTEGRATJON: This Agreement supersedes all previous communications, negotiationsand/orcontracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 9.6 NOTICE: Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid,or(iii)transmitted by facsimile m achine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: To Contractor: Lafarge North America, Inc. Attn: Paul Hunt P. O. Box 368 Glenwood Springs, CO 81602 Agreement PageS ( ( To Owner: Brad Higgins-Director Road & Bridge Department Eagle County P.O. Box 250 Eagle, CO 81631 telephone: 970-328-3540 telefax: 970-328-3546 Mailed notices will be deemed given three business days after the date of deposit in a regular depOSitory of the United States Postal Service, and FAX notices will be deemed given upon transmission, if during business hours, or the next business day. Eilherparty can change its address for notice bynolice to the other in accordance with this paragraph. ... [signature page next page) ... Agreement Page 6 ( ( IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. "Owner": COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST BOARD OF COUNTY "C' COMMISSIONERS ^ /-' < By: Clerk of the Board of County Commissioners "''{"'ef(O' 9 ! ) (); I ~/I~ ! (J--rrJfl~~,f17ii'-'Wtf'vic-A-- , , B ' /,- .- y: i//,' _____~ ' - II P/L-7!Vi STATE OF COLORADO ) ) 5S: County of Eagle ) On this )q day of (f';Dr,cV'. . 2006. came before me, a notary public, "';\1 '." \''''NJ known to me to be the ,-','/c..' of lu\::-", r'lf'\' i~,_,_ "'" . who acknowledged to me lhathe executed lhe foregoing documenl, 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: \_0_'(;1\' , '''." " -, I' . ' t: I /l,a:~__ ////1,",--_ Notary Public i il!i:,"~;ssicnExpiresO!19~mOl , , . . Agreement Page 7 , EXHIBIT "An EAGLE COUNTY 2006 GRAVEL PROJECT Location Description QIy Unit UnilPrice Amount Gypsum Del1verandapplyw~h6 minimum bottom dump Creek Rd. trailers, 3/4" spec base to 5,200 "0 $13.95 $72,540.00 (County road Gypsum Creek Road from #101) mm#5tomm#8 Deliverandapplywilh6 Bruce Creek minimum bottom dump Rd. (County trailers,314"specbase 2,600 too $13.00 $33,800.00 road#8B) Bruce Creek Road from rnm#1Iomm#2 Deliver and apply with 6 Hooks Spur minimum bottom dump Rd. (County lrailers,3/4"specbaseto 2,600 too $8.90 $23,140.00 road # 8 Hooks Spur Road from mm# 1 to mm#2 Upper Cattle Deliver and apply with 6 minimum bottom dump Creek Rd. trailers, 3f4" spec base to 7,800 "0 $10.80 $84,240.00 (County road UpperCatlleCreekRoad #13) from mm# 3.5 to mm# 6.5 Colorado Deliver and apply wilh6 River Rd. minimum bottom dump (County road trailers,314"specbaselo 7,744 too $15.80 $122,355.20 Colorado River Road from #301) mm# 28 10 mm# 31 Deliver and apply wilh 6 Eagle County minimum bottom dump Fairgrounds Irailers,314"specbaseto 1,280 too $11.15 $14,272.00 parking lots Fairgrounds parking lot west of main arena. TOTAL COST I $350.347.20 I , ! , ROAD & BRIDGE DEPARTMENT GENERAL CONDITIONS ,. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and atherlacHitjes and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or Ihe cost thereof. Any failure by Contractor 10 do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other infonnatlon 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, quality, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to cau ses outside Contractor's control, e,g" weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the lime actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers'instructions. ( 9 Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing 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 govemmental laws, rules and regulations. 10. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions eod 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 premises/work site and surrounding area free from accumulation of debris and trash related to the Work. 12. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all Contractor'S obligations under the contract documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. Contractor shall also furnish other bonds as are required by the supplementary conditions. All bonds shall be in forms satisfactory to Owner, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties 00 Federal Bonds eod " Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of the preceding paragraph, Contractor shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to Owner. 13. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor's Work is damaged by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. , 14. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor'S operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment, and 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 benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; Claims for damage because of bodily injury, sickness, disease, or death of any person other than his employees; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; Contractor's liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the Agreement; Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by iaw upon the Contractor and each subcontractor with respect to all Work under the Agreement performed for the Contractor by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance, All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodiiy 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 permissible. Insurance covering claims for damages to persons or property shall at a minimum provide coverage of the larger of (i) $500,000 each person/$1,000,000 each occurrence, for bodily injury and $600,000 each occurrence for property damage , (ii) the maximum liability of a local government provided in the Colorado Govemmentallmmunity Act, 24-10-101, et seq., CRS (1973) as that may be amended from time-to-lime, or (iii) such greater amount(s) as may be required bylaw. Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all subcontractors, and any and all others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of such proceeds until such lime as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similarlo 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 underlhe policies will not be cancelled 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 aU required insurance have been obtained eod certificates wfth th, proper endorsements have been filed with the OWner. Failure of the Contractor to comply wfth the foregoing insurance requirements shall in no way waive the Owner'S rights hereunder. 15. Owner, at its option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing ,ed maintaining th, insurance hereinbefore specffied. 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 10 his Work, which type and amounts shall be subject 10 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 indemnffy 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 limfted to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily Injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts I:Jr 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 or by order for a minor change in the Work. Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of addftions, 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 that lawful appropriations to cover the costs of the additional work have been made. b. A Change Order shall be a written order to the Contractor signed by Owner to change the Work, , c. Owner will have authority to order minor changes in the Work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall cany out such written orders promptly. 19. Progress Payments: If the project is subject to progress payments, not more often than once a month, Contractor shall submit to Owner an application for payment filled out and signed by Contractor covering the work completed as of the date of the application, and accompanied by such supporting documentation as Owner may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner's title to the material and equipment, and protect Owner's interest therein, including applicable insurance, Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Owner will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing Its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application, Owner shall, within twenty days of recommendation of payment, pay Contractor the amount recommended, 20. Final Payment: Upon written notice from Contractor that the work is complete, Owner will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. Defects are those identified by an Eagle County Official(s) and shall be judged on quality by that Official(s). After Contractor has completed all such corrections to the satisfaction of Owner, and delivered all maintenance and operating instructions, schedules,guarantees, bonds, certificates of inspection, marked-up record documents or as-built drawings covering all of the Work, Contractor may make application for final payment following the procedure for progress payments, The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts Include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, 'cd equipment bills, and other indebtedness connected with the work, for which Owner or his property might in any way 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 Owner against any lien, 21. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S, 338-26.107. 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 obligation to perfolTTl and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the contract documents or a release of Contractor's obligation to perform the Work in accordance with the contract documents, 24. If Contractor fails to correct Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop the Work until the correction is made. 25. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 26. Contractor warrants to Owner that: (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work will be free from defects not inherent in the quality required or permitted; defects are those identified by an Eagle County Official(s) and shall be judged on quality by that Official(s) and (3) the Work will conform to the requirements of the Agreement. 27. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one year after the date of completion, or such longer period of time as may be set forth in the Agreement (including the Bid), prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to r Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if ft has been rejected by Owner, remove it from the site, and replace it with nondefective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 28. If Contractor defaults or neglects to carl)'Dul the Work in accordance with the Agreement and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. '0 such case, the Agreement may be terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 29. The performance of the Work may be terminated at any time in whole, or from time to time in part, by Owner for its convenience. Any such termination shall be effected by delivel)' to Contractor of a written notice ("Notice of Termination") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessal)', in the light of such notice and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owners property). Among other things, Contractor shall, except as otherwise directed or approved by Owner: ,. stop the Work on the date and to the extent specrfied in the Notice of Termination; b. place no further orders 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 claims ansing out of the termination of such orders and subcontracts; , with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be ( , , required to account for or deliver to Owner. and transfer title to such property to Owner to the extent not already transferred. In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost incurred after the effective date of the Notice of Termination shall be treated as a reimbursable CDS! unless it relates to carrying out the unterminated portion of the Work or taking closeout measures. Ird&brdge,gc THE AJ~iHCAN INSTITUTE OF AR6~ITECTS AfA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Lafarge North America Inc, P,O. Drawer 368 Glenwood Springs, CO 81602 as Principal, hereinafter called the Principal. and Saleco Insurance Company 01 America Safeca Plaza Seattle, WA 98185 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto Eagle Counly Road & Bridge P.O. Bo)( 250 Eagle, CO 81631 as Obligee, hereinafter called the Obligee, In the sum of Five Percent of Amount Bid Dollars 1$5% >, for the payment of which sum well and truly to be made, the seld Principal and the said Surety, bind ourselves, our heirs, execufors, edminisfrators, successors and assigns, jointly and severally, firmly by thesepresenfs. WHEREAS, the Principal has submitted a bid for 200eSupplying, Loading and Hauling Road Base Materials NOW. Tl-fEREFORE,~'h.Oblig'.sO"'ac""o"n.b;dO"hoP';ocipal'o"'he"'inolpa' ,hall ''''.r'o,o a Coot,""wi'h "'oOol;go,;o a""o''''n'''wlth'n''"m,o''''''''bld,.o"g;v..uonoonOO'bood,.,m.yb.,P."";od'o'h.t>idd;<>(jo,Coo",c'OocU""'o,",wiln 9Dodaod,u"",~'.u'"tyfor'no";'hf<Jlo''''",m.n'''O',u''''Cool'''c''o(j'o"h,promo'oavmoo'of'.bo"o"""t."a'fumish.d Inth.oro"ouhDn'hO"'D'.or'o'h..v.n'OI"""i'ur.o'th.Prino;0"tD en'o, ,uoh CMI,.'" a"" g;v. 'uch bood O,boods, If 'h. Ptloo;o",ha"p.ytD 'he Ob';O'. 'h. dlff.'"oce OOlto.,c,"" 'h. peM IlYh"'.ofb'tw..n'ho.mouo"O.cif;'dln";dO;d'r>dsu'h Oarge, amoun, for wh;ch th,Obl;g..may In good f";thcDntrao'wlth'OO'ho'p"W'oo."orm'h.Wor~cov.r"dbY"";"bl<l,th.n'h;, D"';ga'ion "'."oeoulr,no vo;o, oth.cwl.. '0 com.;n'o ful'fo''''''od.ffe'''. Signed ndsealedthis 14th day of MarCh,2006 (Seal) 1N,I'J+, .fvJ .Vh.&* Safeco Insurance Company of America (SurelY) ~~, --y!.. () .f:'/, DiWifneSS) .. ,'.].. , "i)[..([./~:7'1 !/ ~,<:/a-1'--?--"" (Trtle) MelissaD.Evans ,Attorney-in_fact suretv Pflone No. 800-332-3226__. AIAOOCUM~NTA310'B'OBONo.ArA".FEBRUARY1970ED.THEAMER'CAN 'N$TrrUTEOFMCHIHCTS, 1735 NY AVE.. NW" WASHINGTON,O,C. 20008 ( .. ~. ( POWER Safe""",,,,",,,,,,,,",,,",,,, OF ATTORNEY PO aox "'526 S,,,",,,WA9a124-"" No. "'~ KNow,o.LLSYTHESEPRE5ENTS, ';l',otSAFECOI'lSURANCECOMPAf,/YOFAMERICAandGENERALINSUFlANCECOMPANYOFA""ERJCA,..ol1aW.sI>inglOJ'loo'PO""",n,d""'e. her~Y"PP;>jnt ........KfYI'lB, ALEXANDER; ULTRA E. COON; Mlll,S.~ D.EVAN" MAJ\YT.FL'J'.1GA."l; MICR'.Et C. fROS'l'~ DAVID 14 LOC1'::TON; RONALD!. =:t-';KAIHYM, LOFIUS,L1.AUDlA MANDATO; CliRlSIYM.MCCART;PATRlCK T. MOUGHAN, JAMES C. PATElDL; FATRlCK T.PRlBYL; DEBRA ,. SC~RI!OROUGH; CA1<OJ,YN VAN J-I.V.REN; CLIFFORD B. YOUNG; K..",", City, M;''''uri.............................................~.. ""truoandl.wfulal""""y(Sf-ir>-f.ct._fJII.wtroril)''''exeru[.onjl'beh.>W~delrty.nd'''r1>lybon~,o<eu>:I.rt'kng..ndOU,ordocumenls,".slmil char.ol~rlssuoclinlf1.00,""eol..bu,"",ss, "'>dtoblOOth.r..pectJ"""""'p.",,<h~<Eby, IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA .nd GENERAlINSURANC:E COMPANY OF AMERICA h.v~ .ach ....cul.'" an '"estooth".pre.!;enls .. 20th dayof Amil ~; Jt;c,.;~TU""-../ ~ STEPHANIE DAL!;Y-WATSOIl. SECRIITARY MIKEPIITERS,PRESIDENT,StlRETY CERTlflCATE ExmlclfrnrnfheBy.....ws<>fSAFECOJ'lSURAWCECOMPAh'YOFAMERICA ar>:f<>fGE'lERAl.INSURAWCECOMPANYOFAMERICA: "McJe V, S_ 1~.. FIDELITY AND SURElY BONDS u. 1M p,...i<lenl, .ny lOee Pr.sid'n~ 1M Secretary, and anyAssJslantVoee p,.sklenl appoo,'e~ fN Ih.t purpo,e by '~e off[""r in oilarg" 01 SUfety ope.-.,ons, shall eoch 11.". autl1orityto appoJn' o,di.;OO.,. a. attcrn'Y"-in.fa'" or unoor otllor .pprop<iata titles wftl1 Buthority",eXOOJleonOel1aJfoflh.""",panyM.l1tyar>:fsu<elybonds.ndotllordO<>JrneJ'I",of,lrnil.,oharaota.-lS$ued by tile ""rnpanylnlhecou"'ofrt, bu,"neS$___ On ""y....lrumetllm.l<ing OfO\ddeoong.L>oh appointm.nt.ltH>.~n.Iu"" m'ybeaffu<"~ byfaosim~e. 00 'ny;nslrumentex"'"Bning suoll.uthorl[y or on any bOtl~ or uno_king of"'" """'P"lny, Iha ,..I, Of. _II. 1I>areof. may b. Impressed or .ffixod or in .ny other m'nner repo>doce~: Pn:>v;ded. i>owever. th.ot Ih. ,..1 sI1.rrnot be """"..arylo1M "'or[y oI.nysuohlnstrun>e1ltorun""rtaking." ExlrnctlromaRe.soILrtIonoltl1oSoBnloIDlrectorsofsAFECOINSURANCECOMPANYOFAMERJCA anoolGENERALI'lSURANCECOMPANYOFAMERlCAadop,.dJu[y2S,1970, 'On .ny oe<lffica,."'ocuted by tl1eSecr.ta", Of en ..,j'tanl"I<:ro",,,, oflheCompany ..ttin~ oo!, Q) T~.Pn:>.;.ionsofllmoJ.V.So<:l>:m13oHh.ey.L.w.,and (ii)A_yoftl1.poWef..,j-'''''m"yapf>Olntm"nt,.<~<>:lpurs"anl_.",and (i])CertJryingth.lsa<rpow<>r-of....tlomey.pf>Olntrn.nti,infulf"""'.noeft.'" th.sJ~""lure OI""'cemfylngofficermaYb.bYfaoeJmj""andtho'ealOftl1<>CoIT1P"""m"Ybe.fa"'im~.tI1ereol.. I,S'~ph.nleDal,y-Wa!son,S"",","ryofSAFECOINSURANCECOMPANYOFAMERICAandol<;;ENERALmSURANCECOMPAIlYOFAMERICA,do her.bycenlfy iJ'Jalfh.locegDin9 extract< of[ha By.la.... and oI.R<>soIulion of"", EloardoIDlre""''''.oflh''''eoorpo'''ions. and oIa P,"","'ofAtlom<>y ~.ued pursuant_."',ar.tru.,,"~OOITecl,'n:lfhatbolh1heBY.l:.....,tI1eRo""lufjon,,"OIh.PowsrofMO""'y,,"stiIIinlulfot"<'.nd.ftect. INWlrnESSWllEREOF.lhav.h....unto..lmyh.nd.nd.fflxlldtl1.f.""lmrl....1of..id""rpor.~on HAP. ?U;:\. ", day of -- J&.04~ ~,/j~'hJ STEPHANIEDAlEY.wATSO'l.SECRETARY ,.o97<>DS,,uS S'I,ro,"',".SaI'oo"",",,,,,~to","tr>d'm.""O'Saf."'C,,,,,o"'~n W"BPO' ; ( , ~ 0 0 0 m -< -< m 0 ~ ~ w 0 < " < .0 ~ m m o~ ~ , 0- Z Z o ~ m 0 " 0 w-< Z 0 " 0 " 0 0 0 ~ , ~ _2 >> 0 -< 0 .fii 0 - 2 0 .. ill 0 0 ~ ~ ill 0 0 0 0 0 0 " ill m m c c~ r.s::g' >> >> " >' >' 0 ~ mill , 0 ro ill ill ill < 0 0 ill . 0 0 IT W W . -< ~ ~ ill 0 , ~ a " ill ~ " N 0 0 <" 1 - <" m ill m r . 2 ! "' 2 0 . 0 0 IT Z 0 ~ "- 0 ~ IT , 0 0 ~ c - , ill I . 0 ill ~~ ~~ 0>> 0>> 0>' 0>' mm mm c' c' 0 0- 0 0 w ~ w ~ ill ~ " 0 ill . , N - 0 , , " , , , THE AMERICAN INSTITUTE OF ARCHITECTS I BondNo6404263 AlA DocumeM MIl Performance Bond Any singular ,eterence IOContr.ctor, Surety, OWner or olher party ,hall be con.idered plutal where applicable_ CONTRACTOR [Name arld Address): SURETY (Name and Prlr>dpal Place of Bu<iness): Lafarge North America Inc. Sateco Insurance Company of America P.O. Drawer 368 SafecoPlaza Glenwood Springs, CO 81602 Seattle,WA 98185 OWNER (Name and Address): Eagle Counly Road & 8ridge P.O. Box 250 Eagle, CO 81631 CONSTRUCTION CONTRACT Date: Amount: ($80,650.00 ) EighlyThousandSixHundredFiftyDollarsandOO/l00 Description (Name and location): Supplying and Hauling of Approximately 2,000 Ton (+,_) of Type L (COOT D-50jRlprap, 500 Ton (+1-) 3" Bedding Material BONO Date (Not earlier than Construction Contract Date): Amount; ($80,650,00 ) Eighty Thousand Six Hundred Filty Dollars and 00/100 Modif1cation, to this Bond: [lNone OSee Page 3 CONTRACTOR AS PRINCIPAl SURETY Company; (Corporate Seal) Company: (Corporate Seal) LafargeNorthAmericalnc, SafeOOlnSU~nyqfz'~t~(v1<-?-__ Signature: SIgnatUre: '/.'-C'q Name and Title: Name and Title: MelissaD,Evans Attornay~n-Faot (Anyaddilional ,ignature, appear on page 3) Surety Phone No, 800-332-3226 (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT Or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or LocklonCompanies othe'party): 444 W,47th Street,Ste90o KansasCity,MO 64112-1906 816-96Q..9000 ......OOCU'''I<TA312.''R'OOM'''''''60NOANDMYMENT.ONO.OECEM'''''9a4ED..A'AI!> THE AMI.'''''''' INSHTUn OF AI<CHmus, "" NEW YORK ^VE., ".W. WASHINGTON, O.c. '<KI<i6 A312-19$4 , THlROPRINTlNGoMAl<CH".' ~. ..' , , The Contractor and the Surely, joinllyand ;everally, which it may be liable 10 the Owner ,nd, ~s bindlhern,elv.s, their h.;". execulors"dmi"iSlr.'ors, soo"'''pr,clic.bleaitertheamountisdeter. SlIccesso".nd a"igns !o the Owner fo,the performance mined, lender p.yment ,herefor to the oftheConSlfUClionConlract,whichisinco,porotedherein Owner; Or byref.rence. , Denyli,bili',inwhole orin pan and nOlify Ihe , lithe Conlr.Clor perfo,mstheCon'!ructionConlracl, Own.rciling r~..on; Ihe,~fo'- the Surety and the Contractor sholl have no obli~ation 511lheSure,ydoe,notproceeda,providedinParagraph "nderthi,Bond,exceptloparticipOleinccnference,.. prO\'ided in Subp"agraph3.1. 4wilhreasonablep,omp'ness,lheSureW,haJlbedeemed tobeindefaultonthi'Bondlifteendays,fterreceiplofan , Ii there is no Owner D.fault, IheSurel,',obligation additional writlen notice from Ihe Owner 10 Ihe Surely underthi, Bond ,hall ari;e ,fte" demanding thallhe Su'ely p~rlorm it, obligalions under ,., The Owner h., notilied the Contractor and the Ihis Bond,andtheOwner,hall beenlitled 10 enfcrce an,' Surely at ils address de,cribed in Paragraph 10 below remedy a,ailable 10 IheOwne,. IftheSuretrproceed,,, provided in Subp.r.graph4.4"ndtheOwne, refu5.sthe that Ihe Own.r i,conside,ing declaring a CcntroclOr paymenllendered or Ihe Surety has denied liabilit\'. in Oelaultand ha'requesledandotlempled 10 arrange a wholeorinp'r1,wilhotrlfurthernOlicetheOwner'hollb" conlerencewilh the Conlractor an<f lhe Surely 10 be entitie<J 10 enforce any rem<:>dy aI'ailable to the Owner. heldnotlalerthon filteen day, aile, ,eceiptofstrch nOlicelOdi'Clr"method,ofperforminglheConSlrtrc. I.i MlerlheOwne, has lerminaledthe ConlraclQr"righl tion Conlracl. If Ihe Owne', the Conlractorond the tocOmf>leletheConstruclionCOnlrilCI,and iflheSu,etv Strretyag,ee, IheContr.ctor ,hall be.lloweda reason_ elecl< 10 act trnde,Subpar.graph4.1,4.2,or4,3 ,bo,'e, oblelim. 10 perfarm lheCcnstruction Contrdct. but lhenlherespon'ibililiesoltheSureWtotheOwner'h~11 such an a~reement .,holl not woive the Owners righI, if not be greater than those oflhe Conlraetor undG,the ony"ub.equentlylodecl.reaContr.clOrOelaull;.nd ConstructionConlraCl.,ndlherespon'ibililiesollhe 3.2 TheOwnerh"declar~d.ContractorDef.ultand OwnertotheSu,etyshallnotbegre.lerthontho,eoflhe Ownerund~rtheCon'lructionContr.Cl.Tolhelimiloflhe lormallyterminol.dtheCcn(fOclor'srighllacomplete omounl ot thi, flond, but ,ubjectto wmmitment bYlhe lhewnlrae!. Such ContraclorDefalfll shall not be de- OwneroftheBalanceoflheConlractPricelomi,igationoi cI"ede,r1ierlhantwenlydaysaltertheContractor.nd w<lSanddom.ge,onlheCo"'lruclionControct.lheSure_ theSwelyhave received nolice..pro\'ided in Sub- ty i, obligot~dwilhoul duplication lor: par.graph3.1;and 3.J The Owner has a~reed topa, the Bal.nceol Ihe .., The ,e'ponsibilities oflhe Conlractorlo, COrrec. lionofdelecli\'ework,ndcompletionollheCon'lruc_ Contracl Price 10 the Surety in occordance with the tionConlracl; lerm' 01 the Con'trlfction Contracl orlo , contractOr ,eleCled'of>erlormtheConslru(1,onControc'in.cco,_ .., Additional iegal,de,ign professional and delay dancewilh the lerm, of the contracl with the Owner. cost, re,,,lling Irom the ConlraClo(,Oefault, and re- , When IheOwner ha, s>tisiied the condition, of Para. ,ulting lrom the 'ctionsor I,ilu,e to a(1 olthe Surety graphJ,theSurety,hallpromptlyandaltheSurety"ex_ under Paragraph 4; and pen'e take one of the lollowing aClions: .., liquidoteddamages. or if no liquidaled dam'ge. ,., Arrange lor the Contractor, wilh Consent oflh~ are'pecifiedinlheCon'lruclionConlract.oclualdam_ age' cau,ed by delayed performance Or non'perfor- Owner. to perform ,nd complete Ihe Construction manceottheConlr'Clor, Conlract;or Under1.keloperlormandcompleletheConslruc_ , TheSurel,'shallnotbeliablelotheOwne,orothe"lor ., obligOlionsoftheConlraclorthatareun,elaledtolheCon_ tion Contract it'elf. 'hrou~h ii' agent, or lhrolfgh inde. ,tructionContracl,andlheflal.nceOltheConlroclPrice pendenlcomraclors;or .hallnOl b. r.duced or '.1 of Ion ,ccountofany,uch 4.3 Obtain hids Or negotiated propo,al, from umelatedoblig.tions.Norighlotaclion,hallaccrrreon qualified conlr.ctor< accept.ble to th~ Owner lar a Ihi,Bondloanyper<onorenlityotherlhantheOv.'neror (ontra~t lor performonceond completion of lheCon- il.heirs, e'eculors,odm,ni'lrator'o,slfccesso". struClion Contracl, orrange for a controcl 10 be pr~. 8 The Suretyher~byw"ives noticeol.nychange,indud_ pared for execulion by the Owner.nd the controClOr selected wilh the Owner',wncurrence. 10 be 'ecured ing chonge, 01 time, to the Con.truction Conlract orlo wilnperlormanceond p31'mentbonds e,.culed bya rel,ted,ubconlracl',Purchaseorde"andotherobliga_ qualified surety equil',lenl 10 the bond,i"ued on the tion" Construction Contr.ct, and p,y to the Owner lhe 9 Any proc~~ding, leg.1 or equitable, under Ihi, Bond OmOlfnt of damage, as de,cribed in P"ograph6in e>- m.ybe in'tiluted in anycolfrt of compelent iurisdiction in ce"oltheB,I.nceoflheComractPrrceincurredbYlhe lhelacalioninwhichtheworkorpartoflhewcrki,located Owne,resullingiromtheContr.ctor'sdefalfll;or and sholl be inslitutedwithin t"-'O yea" aller Conlraclor 4.4 Waiveit"ighttoperformandcomplete.arrange Del.ult orwilhin two rea" allerthe ContraClor ceas.d fDrcompletion. oroblain a new (Onlrocto, and with workingorwilhintwoye."aflertheSurelyrefu'e<orl,i1, re..onablepromptness underfhecircum'lanceso to perform iI' obligation'ojnd~rthi, Bond,whicheveroc. curs lirsl. If the provisions 01 thi, Para~raph ore \'oid or ., Alterinvesligalion,determinelheamolfnltor prohibited by law, the minimum period of limitalion al'oil. AlAOOCVM"NlA3"'P,"fO""I-.NC,~O"D^ND'AVM"<T"ONo.Dta"'6'"'~W.'AIA'" Tl-fEMlE'ICANIN,nruTIO'ARCHIf{CT"""NIWYOR<A\T.N-W"WA,HINCTON,O.C.,OOO6 A312.1984 , THr.Op",NlINC "MA'CH "" ablelo,ureties..adefen.einlhejuri,dictlonof1hesuil traclor 01 any amounls received Or 10 be receive<l by ,h.llbe.ppllc.ble, the Owner In ,e11lement of in,urance or other claims 10 Noticetothe5urely,theOwnerortheCon1ractorshall ford.mage, lowhkh1heControctorisenti1led, re- duced by.11 valid and proper p.yments m.de to or on be mailed or delivered to the address ,hown on ,he sig- behaUoftheCon1ractorunderlheCon.tructlonCon_ nalurepage. lract. 11 When1hl,Sondhasbeenfurni,hedlocomplywitha 12.2 Con,truclionControcl:The.greemenlbetween Slatuloryorolherlegafrequlremenllnthefocalionwhere the Owner.ndtheCon'raclorldenlifled on the ,Ig_ thecon,truClionw.stobeperformed,.nyprovi,loninlhis n.ture page, indudingall Confrac1 Documents .nd Bond conflic1ingwith said "'lulOry or leg.1 requiremenl ch.nge'there1o. ,hall be deemed deleted here from .~d provisio~, con. forming 10 ,uch sta'utory or other legal requlremenl shall 12.3 Con1rac'or Default' F.llure of 'he Contr~~tor, be deemed InCO'l'oro1ed herein, The Intent I, th.t lhis whkh h~. neither bee~ remedied nor waived, 10 per. Bond,h.flbeconmued"'S1.tulorybondandnol..a form orothetwi,e 10 comply wllh the term. of lhe COmmon law bond. ConSlruc,ionContra<t. " DEFINITIONS 'U Owner Default; F.iIureof lhe Owner, which has 12.1 B.I~nceofthe ConlraClPrice: Thetolal.mounl neilherbeen remediednorwaloed, to pay the Con. payable by the Owner '0 the Contraclorunder lhe 1raclora. required by the Construction ControCI orto perform .nd complele or complywilh the other lerm. Constru<tion Comract after.1I proper.dju'tmem. thereof. ha.e been made. Including allowance 10 the Con. MODIFICATIONS TO THIS BOND AREAS fOllOWS, (Sp.ce is provided belowforaddiho~alsignaturesofadded parlies, o'her than lho,e.ppearingon the cover p.ge.l CONTRACTOR AS PRINCIPAL SURETY Company: ICorporaleSeal) C<>mpa~y; ICorporate5eal) Signature; Signature: N.me.ndTltle, Name.ndl1tle; Addres" Address; AI^ DOCVM~NT AJ12' PERFD""'ANCE BONO AND PAYMENT BO~D. DECtMB" ''''''' ED. . ~'^ " A312_1984 , TH'^Me"CAN'NS1JTUlIOFA'CHITECTS.17l'NEWVOOKAVE,NW..W^SHING;ON,D.C."""" ;~,"DPR'NT,""C . ,"-'-"CH '",,7 ( ( THE AMERICAN INSTITUTE OF ARCHITECTS I Bond No. 6404263 AlA Doc(JmentA312 Payment Bond Anr singlJla, reference 10 Contrartor, SurelV, Owner or olher p,rty ,h allbecon,ideredplur.lwhereapplic,ble. CONTRACTOR (Name and Addre,,): SURETY (Name and Principal Place ot Businessl: LafargeNorthAmericalnc SafecolnsuranceCompanyofAmerica P,Q.Drawer368 SafecoPlaza Glenwood Springs, CO 81602 Seattle,WA 98185 OWNER (Name ..nd Address): Eagle County Road & BIidge P_O, Box 250 Eagle, CO 81631 CONSTRUCTION CONTRACT Dale: Amount: ($80,650.00 ) Eighty Thousand Six Hundred Fifty Dollars and 00/100 Description (Name and Location): Supplying and Hauling of Approximately 2,000 Ton (+,-) of Type L (CDOT D-50)Riprap, 500 Ton (+/-) 3" Bedding Material BOND Dale (Not ea,lier than Construction Contract Date): Amount: ($80,650.00 ) Eighty Thousand Six Hundred Fifty Dollars and 00/100 ModHications to this Bond: [jNone OSee Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (CorporateSe.1J LafargeNorthAmericalnc. SafeCOlnsuran~~~qff_e~~__.. Signature: SIgnature: 'If q Name and Title: Name and Title: MelissaD. Evans Attorn"8~-F~ot lAnyadditional signatures appear on page 6) Surety Phone No 0-32-3226 (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT Or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or LocktonCompanies other party): 444W.47lhSlree~Ste900 Kansas City, MO 64112~1906 816-960"9000 At\I)OCUMENTq".PUFOR>MNC,OOND'-"'D PAYMENT OOND. DECEM"'"'*", ED,. A,^ " THf Mla<10." INSTlTlITE OF AIlCH'TfCT5. "l; NEW YO~K Avr.. ...W.. WASH'NGTON. O.C.'OOO; A312.1984 . THIRDP1lINTINC'M',R(H"" ( , ( " 1 The Contractor and the $urety,jointly and ,everally, ~ When the Claimant has satisfied the condition, of bind themselves, their heirs, executors, administrators, Paragraph 4. the Surely shall promptly and at If,,,, successors and assigns to the Owner to pay for labor, Surety', e~pcn'e take the following actions: mate,ials and equipment furni5he<:l for use in the perlor- 6.1 Send an answer to the Claimant, with a copy to manee of the Con,truction Contract,which is incorpo- rateclhereinbyrcference. the Owner, within 45 days after receipt of the claim, stating the amount; th3t are undi'pute<l and th., ba;i< 2 With r..'pectlo IheOwner,th), obligalion shall be for challenging any amounts that are dl,puted_ null and void iltheContractor: " Pay Or arrange lor payment of any undisputed " Promptly make, payment, directly or indi,ectly, amountS. for all SumS due Claimants, and 7 The Surety', total obligalion ,haTl not exceed the " Defends. indemnifies and holds ha,ml""s the amountofthi,Bond.andtheamountofthi,Bondshallbe Owner irom claims. demands, lien, 0' 'uits by any creditedfo,anypaymentsmadeingoodfaithbytheSu,ety. persof1 or entity whose daim, demand, lien or suit is for the payment for labor. materials or equipment fu'- 8 Amount, owed by the Owne, to the Contractor unde, ni,hed 10' me in the performance of the Con'truction the Con,truction Cont,act,hall be u,ed lor the perfor- Cont,act. provided the Owner has promptly notilied mance of the Conmuction Contract and to 'a!i'fy daims. <", Cont,actor ,"0 <", Su,ety latthe add,e" if any, under any Const,u<:tion Pe,formance Bond. By de,<:,ibed in Pa,ag,aph 121 of any daims, demand" the Contracto, fu,nishing and the Ownerac~epting thi, lien, or suit< and tende,ed defen,e of such claim', Bond, they agree that all funds ea,ned by the Cont,actor demands, lien, 0' ,uit' to the Contractor and the in the performan~e 01 the Con<t,u~tion Contract are Su,ety, and provided there i,no Owner Defaull. dedi~ated to sati'fy obligations of the Cont,actor and 3 With ,e,pect to Claimant" thi' obligation shall be theSuretyunde,thi,Bond"ubjecttotheOwner',p'io,- ityto u,e the fund,for the completion of the work null and void if the Contracto, p,omptly make, pay- ment, directly or indi'e~tly. for .11 Sum' due, 9 The Surety ,hall not be liable to the Owner,daimant< 4 The Surety ,hall have nO obligation to Claimant' or others for obli.gation, of the Cont,acto, that a,e un,elat- ed to the ConmuctionContract. The Owner shall not be unde,thi' Bond until; liable for payrnenlof any co,!< 0' expen;e.' of any Claim- 4.1 ClaimanlSwhoa,eernployedbyorhaveadire~t antunderthi' Bond,and ,hall have unde,thi' Boodnoobl~ contractwiththeContradorhavegivennoti~etothe gation, to make payments to, give noti~e'onbehaltof,o' Surety (at the add,ess de,cribed in Paragraph 12) and otherwise have obligation, to Claimant' under thi, Bond. 'ent a copy, or notice the,eof,to the Owne,,'tating that a claim i,beingmade unde,thi' Bondand,with 10The Surety he,eby waives notice of any ~hange, Sub'tantialaccuracy, the amount 01 the claim. including changes of time, to the Construction Contract ., Claimants who do not haye a direct cont,act or to related subcontracts, pu,cha,eorders and other with the Contra~tor; obligations. , Have furnished written notice to the Con- 11 No 'uit or action shall be ~ornmenced by a Claimant tracto, and sent a copy, or notice thereof,to underthts Bond othe' lhan in a court of competent ju,is- the Owner, within XI day, afte, having I",t diction in the location in which the wo,kor part of the periorrned labor 0' last furnished rnate,ial,or work is located or after the expi,ation 01 one yea, from the equipment included in the claim ,taling. with date t11 on which the Claimant gave the nolice requi,ed by substantialaccuracy,thearnountofthedairn Subpa,agraph4,10,Clause4.2.3,or{2)onwhichthelast and the name of the pa,ty to whom the labo,or ,ervice was performed by anyone or the la't mate- materials were furnished or s"pplied or for rialsorequipmentwerefurni,hedbyanyoneundertheCon- whom the labor was done or perfo,med: and structionContract,whkheverof(l)orl2lfir>to~curs, lIthe provi';ons of thi< Pa,ag,aph are void or prohibited by law, , Haveeithe"eceived a rejection in whole or the minimum period 01 limitation available to 'uretie, as a in part from the Contra~tor, or not 'e~eived defen,e in the ju,isdi~tion of the ,uit;hall be applicable. within 30 day' of furnishing the above no-- tice any communi~ation from the Cont,acto, 12Notice to the Surety, the Owne' 0' the Contractor by which the Cont'a~to' ha, indi~ate<J the dairn will be paid di,ectlyor indi,ectly; and ,hall be mailed ordelivere<J to the add,e" shown on the ,ignatu,epage.Actual,eceiptolnoticebySurety,the , Not having been paid within the above 30 Owner 0' the Contracto" howeveraccompli,he<J, shall daY',have,enta w,itten notice to the Surety be ,uffbent complian~e as 01 the date re~eiyed at the fattheaddressde,c'ibedinParasraph12)and addre",hown on the signature page. sent a copy, 0' notice thereof,to the Owne" stating that a claim i,beingmadeunderthis 13WhenthisBondha,beenfurni,hedtocornplywitha Bond and endo'inga copy of the previous 'tatutory or other legal 'equi'ementinthelo~ationwhe'e written notice furni,hed to the Contractor. the con'tructionwa, to be performed,anY p,ovi,ion in this Bond conflicting with 'aid ,tatutory or legal ,equi,ement 5 Ila notice required by Paragraph 4 i'giyen by the shall be deemed delete<J herelrorn and p,ovi'ion, con- Owner to the Contractor or to theSu,ety, that i, ,ufli. forming lo,uch 'tatutory or other legal requirement shall cient ~ompliance. be deemed incorporated he,ein. The intent i'thatthi, Al~OOC"M'NT ~"'. "'.'Oll,UNCl 6<WOAND PAYM[NT .rmO. DEC[M.E. ,.,.. CD.' A,^' TH[AW"'CANINSTlTU"or^RCH"'C1S.",,~,wYO""^V<__N.w.."'^,HI"C1ON.D.C.2<XIOO AJ12-1984 , lH10D """"LNG' M^"~H '~a' ( , . ~ ( BoodshallbecoMtruedasastatutorybondaodnotasa Con,truction Contract. architectural aod eogineering commonlawbood. services mquircd lor pertormanceof the work of the 14 Upoore,!ue'tby.nYP",,"onorentityappearingtobea ContractorandtheContractor"'ubcontractors,and all olh"r ilem, for which. mechanic', lien moy be poteotialbenefidaryofthisBond,theContractor,hall a55e,tedintnejuri,dictionwherethel.bor,milterials promptlyfurnishacopyo{thisBondorsh~lIpermila(QPY orequipmentwerefu",jshed_ tabernacle. " DIFINJHONS 15.2 Comt,uttionCootraCl;Theag,eementbNween theOwoe,.nd Ihe Contractor identified On the sig. 15,1 ClaimantoAninclividualo'eolilyhavingadireel ".Iu,e page, including.1I Conlract Document' and canlractwiththeComractorarwilhasubconlr.Clorof change'lherelo. the ControClor lo furnish I.bor, materials or equip- 15.3 OwnerDe/ault: Failureofthe Owncr, which has menttoruscjntheperrormanceaflheConUaCl. The neilher been remedied nor waived, lo pay the Can_ iotentoJthi'Bo~dshall belo indudewithOUllimita- tractor", required by theConslructionCo~tr'ct or lo lion in the terms "labor, materi.l,or cquipment" that perform and complete or comply wilh lheother terms parl of water, g"', power, light, heal, ail, gasoline, Ihereof. telephone service or rental equipment use<! in Ihe MODIFICATIONS TO THIS BOND ARE AS FOllOWS, (Space;, pro,'ided below lor additional signatures of added partie"other than Ihose appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Comp,ny; (Corpo,aleSeal) Company: (Corpor.leSe.l) Sign.lure: Signatu,e: NameaodTitle: Name aod Titk Address, Add,ess: AI"OOCUMENT ""'l,PERF01t'W'([ 'QN[lAN[lPA""ENTBON{l. D'C'''~fRl''''!D. .AI~ l< TN' AMERICAN lNSTlTUT< OF ~RCHIlICTS, "" NEw YO'" WE" N.w., WASHLNGTQN, O.C. '0000 A312.1984 , TH"OPR'NTlNG''''''"CH11'' ( F ( ~. POWER S'i=looo"'oce""mp,,,;o~ OF ATTORNEY PQ"",",",," S'''''',.W'''''''2'_1>2, "" 6g,7 ~- KNOWALL.6YTHESEPRESENTS: ,hOlSAi'ECO INSURA~CECOMP"'NYOFAMERICA.ndGENERALINSURANCECOMPMIY OF AMERICA. .'cI1, W",h;"gloncor~oralio". doe, ..of b.rebyappQ;nt ........KE\'lN B. A LEXA.';DER; L~VRA E. COON; MELISS_~ D. EV PC'iS; M'.RY T. FLA '<leiA_,!, MICH."-EL C. FP-DST; D.\ VlD lot LOCKTO"l, RO:\AJ.D J. UXKTO:>-l; KAl1rYM. WETIJ>; CL~UDL' '.-':-"IHTO; CHlUSTYM. MCCART; PAIRlCK T.MOUGHAN:J.\MESC. PMEIDL; PAT1'J:C~ T. J'RlBYL; DEB"-~ .1. seA"BOROlHJ, CAROLYN V Pc'i lEAARE\': CUIT01\D B. YOL"JG: K== Dr,., Mi;'owi............................................ .... its "'"" and laIVful allomo'('r<n-Fact. with full aU\h>my to ""."ule on II, be""~ ;;;olley .od sur.ry bonds or u"~ertakl,,"s .00 0"'''' d=m~"ls of, similar "\araol.r;"SU<>llnlherour""oritsbusin.ss,.n~tobiOO\h.=r><>cl~comp'ny'h."'by. IN WlTNESS WHEREOF,SAFECO INSURANCE COMPAt/Y OF AMERICA.no GENERAL IN SURANCECO"'PANYDFAMERICA",v.~ohoxeculeo."o .1Iesi"" 'naSO pees.nlo !his ,~ d,yof Aoru '"'-'5 "- .df..:..d,~ .J1f:jUJ.ft/ltJ ~ STE'PHANIEDALn_WATSON,SECRETARY MIKEPETERS,PRESIDENT,SURETY CERTIFICATE ExEI."ITo01tIt<>By-l.w'~fSAFECOINSL1RANCECO"'PMIYOFAMERJCA aodofGENERALINSURANCECOMPANYOFAMERlCA "A'~~eV,Se<fu113.-FIDELllYANDWRFTYBONDS thePr""id.nl.anyV~Pres;;.n[,!heS.o.-a"'ry,and.oyAssi''''nlV1coPr.s;d.mappo;n!eoforthat purpo""bytf>e officer In ""'rge ~Isurety opora'ions, shall.."" hav".ulhoritylo .ppo;nt iMlvi"u.ls as .tlomeys_io_n.clor ",,~erothor 'ppropri,lollllesv,;'h .u\bori~ 10 o~o,uto m b.a.".11 of tho comp.ny 'doJ;'y .n~ sue"';' bOMS .00 other d~<U01er>ts of sUniJar """,cler Issued by tho company in 'he 00lJ". of;f> busb"" On any los''l'n1eol ma.;09 or ""ideooing SLJ^..o appo;nrn.nt, (he SlgM'""" may be afitxed 'y fa""lm... 00 a~y Inst'l'mem ""n!ening such ,ulttor,l~' or m any bond oe under1a""g ofth. compa~y,1Ile se,I, or, r.csim~. \'lereof, may be ;mpressed ill 'ffixed or '0 .oy ~'n.' O1aon<>, e"Produc>>d; p",vkle;, however,th'tth.'8'1"allnoLbeoe"'ssarytotIt<>ve~dilyojaoysuohloWum,,"toruodMaking-" Extra"fro01aR.',"Ulioom~8oord~fDo-ectorsofSAFECOINSURA"-ICECOMPA"'YOFAMERICA .od of GENERAL I"-ISURA"-ICE COMPANY OF AMERICAa~opl.d July 28. 1~7~, Tm '~y certiiicalo ex.wlod by 1I1e Socr~.ry Of '" ,,,i,taot s.o.-alary ofth. Com"""" settJng out, {;JTh.""visioooofArticl.V,SeoOOl113of1l1eBy_L'ws,and roi) AoopyoftIt<>pc>wer-<>r-'tlomeyoppc>ir>tmenl,O'ectJl.dpu"",otth.rOlo,aM ':11;)Certif)liogthat$"idpow.e-of-.ltor""yappoi"tm.nL;slofulll~e".and_, th.signalur.or'h.D<ortifylngOfficerm.Yb.bYf"'im~e,andtIt<>s.alof~Corrpaoym.ybe,rOosiml"looreof-" I, S!epNO;eD.J.y-Waf>DI1.SeccetatyolSAFECOJNSURA"-ICECOMPANYOFAMERJCAaodof GENERAL INSURANCE COMPANYOFAMERICA,do h"r"hy,.rtifyth"th.foregolng.>ctr,c:1softhoSy-L.wsaodof.ResoluUDI1ofllos.o,rdofDir""""'ofth""eo.:<p<><.u""s,'ndol'Paw.r~fAttomeylss"M pu","a~tthe<eto,are""".nocorted,aodthat~o\h1lleSy-L.ws, th.R.soJuro".nd1llePow.eofAttomeyare'tlIlinfulfo""~odeffo"'- INWTTNESSWHEREOF,lhav.hereuntos.lmyhand.no.ffi'.d'nefa",lmilese'l~rsaiocorpDrallon 1I1;s d.yof dtc.cA~ -Afj-lb,fJv1V STEPHANIEDALEY-WATSOfJ,SECRETARY 3-09"-<)$<105 ""1=,"d'h.a'Foro""",",.,ist""'~'de~'""of3af8CDC"",,,,,O", WEBPD"