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Home My WebLink AboutC06-137 C'O(y_/.37-(ItJ AGREEMENT FOR OVERLAY PROJECT THIS AGREEMENT is dated as of the 30th 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 OldcastleSW Group, Inc., d.b,a. B & B Excavatinq (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 OVERLAY 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 AUGUST 31, 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 after the time specified in paragraph 3.1 for completion until the Work is complete. Agreemeut Pagel ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. 4.2 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds as follows: PROGRESSIVE PAYMENTS UPON COMPLETION OF EACH AREA AS SPECIFIED IN EXHIBIT "N. 4.3 Pursuant to the provisions 924-91-103.6, 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. 44 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 frfty percent (50%) of the Work is performed, after which no additional retaining shall be withheld, and , 90% of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of 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.RS. !}24-91- 103. The Owner shall authorize partial payments of properly requested amounts of at least ninety percent of the calculated value of the work completed until fifty percent of the work required under the Agreement has been performed. Thereafter, the Owner shall authorize partial payments of any other properly requested amounts without retaining additional funds if, in the opinion of the Owner, satisfactOlY 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. 52 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.RS. !}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, invest igations,and tests and studies of such reports and related data as he deems necessary for the perfollTlance 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 wiIJ 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. 64 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents a ndthe written resolution thereof by Owner is acceptable to Contractor. Agreement Page 3 c , , , 6.5 In performing the work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. ARTICLE 7 - CONTRACT DOCUMENTS The Contract DOcuments which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Contractor's Bid. 73 Perfonnance and other Bonds. 7.4 Notice of Award and, if any, Notice to Proceed. 7.5 General Conditions (Pages 1to 10, inclusive). 7.6 Specifications and Drawings. 7.7 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.8 The parties acknowledge and agree that the tenns 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 B - BONDS Not later than five business days following the execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. Agreement Page 4 ARTICLE 9 - MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by iaw), 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. 93 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing partyshail recover ail reasonable costs incurred with regard to such litigation, inciuding reasonable attorney's fees, 9.4 APPLICABLE LAW: This Agreement shail be governed by the iaws of the State of Colorado. Jurisdiction and venue of any suit, right,orcause 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, negotiationsand/orcontracts betlNeen the respective parties hereto, either verbai or written, and the same not expressly contained herein are hereby withdrawn and annuiled. This is an integrated agreement and there are no representationsaboutanyofthesUbjectmatterhereofexceptasexpressiyset forth in the Contract Documents, 9.6 NOTICE: Any notice and all written communications required under this Agreement shall be (i) personaliy deliVered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: To Contractor: OldcastleSWGroup,lnc, d.b.a. B &B Excavating P. O. Box 1729 Edwards, CO 81632 Agreement Page 5 l . , To Owner: Brad Higgins - Director Road & Bridge Department EagleCounly P.O. Box25Q Eagle. CO 81631 telephone: 970-328-3540 telefax: 970-328-3546 Mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and FAX notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change ils address for notice by notice 10 the olherin accordance wilh lhis paragraph, ... [signalure page nexlpageJ ... ... Agreement Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first abovewritlen. ATTEST COMMISSIONERS k '\ By<'-:~C cH' , Clerk of the Boar of County Commissioners 'Contractor": ,;;dca;;tieSWGroup,.1nC- ,'_",;1, B & B Excavatmg '& ,""""''''''{ --a, "", ~ INC, d""; .-""\\""'''''6'''' , ,"?pr!!",,'1'-OO- '0_0" ",-..' \j. . 4.r,<p-:;' ~ "-' '" ("" STATE OF COLORADO ) '0",. ) " (; SEA. I. County of Eagle ) ":-0'.'0 c:.___',",--rJ'()c. -::"-C'<.""" "?: '..d I' ';,0 , ';; . On this '3 . day of APRIL- ,2006, came before me, a'llmaty'" public, Ih.Jl\<',J~ known to me to be the C. G, 0, of R<b , who acknowledged to me that he executed the foregoing document, that he executed it in that capacity, and that the same was the act of the entity identified in the document as "Contractor", My commission expires: >>JCommissioo&pjresOSl2fl2f1J1 Agreement Page 7 - t:. -, t:~. EXHIBIT 'A" EAGLE COUNTY 2006 OVERLAY PROJECTS PROJECT #1 location Description QTY Unit Unltnrice Amount Landfill Road Overlay Landfill Road from (County Road Hwy 131 to Jandfill scales 3,775 too J_I':' D~1 #49) with 3" (in two lifts) of HBP- Fnl'c>')'~; SX, PG 58-28. , AddShO,~?:rmaterial(314" 871 too Z-'j''--':f Z!2f:?2.:, road base 3' wide, 3" dee[) Emusifiedasphalt(tack) 4576 9" ';~'- r.._.Ji1io~ CSS-1HorSS-1H "--'- Construction zone traffic 1 Lump sum t,i3i:! &1't.1'1 control , J --,- Materialssampling,lesling, 1 Lump sum '--/ .JZ r'/Li~ andinsnection. IZI-- Manholead'ustment 0 "' ~ Valve box ad'ustment 0 "' TOTAL FOR PROJECT #1 2c8rjlj<'~' PROJECT #2 Location Descriotion QTY Unit Unitnrice Amount JWDrive Overlay JW Dr. from EJ (County Road JebelRd. to Blue Lake 772 too Subdivision with 2" of HBP - #BL1) SX, PG 58-28 Add sho~~:r material (3/4" 180 too roadbase3'Wide,2"de~ ~~ Emusified asphalt (lack) 702 gal CSS-1HorSS-1H Conslructionzonetraffic 1 Lump sum control , Materialssa~ling.testing, 1 Lump sum andinsection. - Manholead'ustment 0 "' Valve box ad'ustment 0 "' - TOTAL FOR PROJECT #2 /,""i-;flt' EXHIBIT"A"pg.2 PROJECT #3 location Descri~tion QTY Unit Unit rice Amount Eagle Vail Overlay Deer Blvd. with 2" of SU~iv~,ion 2,323 tori w,,, HBP -SX, PG 58-28 l./E~rI /15 757~:j Overlay Deer CI. with 2" of 62 ,,, --,!;, ',!'.' ,3l'-i14< HBP -SX, PG 58-28 '. Overlay Ptarmigan Ct. with 170 to, '--'4"6 - ,';', 2" of HBP -SX, PG 58-28 " --- [ii'''-' ',,- Overlay Grouse Ct. with 2" 294 too --'0 - ''__'E of HBP SX, PG 58-28 <)<-, -- (lit'" ~f-- .--- Overlay Eagle Vail Rd. with 77 too C""/z 45'2/,,4 2" of HBP-SX, PG 58-28 --,1: - Overlay Bear Ct with 2" of 62 too ,:;/,,;;: /"'2.<t2. HBP-SX, PG 58-28 ./.!:'" -- Overlay Pheasant Ct. wi 2" 186 l<m '_-~/'J i(li,f>~ of HBP-SX,PG 58 28 _J -- Overlay Lark Ct. wi 2" of 62 to, - t,_' -, . 'I "'~- HBP-SX,PG 58 28 6/.-- ~,,"C;_ ___ Overlay Doe CI. wi 2" of 31 ,,, 1','1 " HBP-SX,PG 58-28 6_'-- -Z/IL'- Add sho~~~r material (3/4" 545 to, ;'," ~,- 1)/IZ5o,~ road base 2'wide,2"deen. <-V'-- Emusifiedasphalt{lack) 2971 9" s--iJ. >/3,d CSS-1H orSS 1H I'" 1-- Conslruction zone traffic 1 Lumpsum /1I7'!?!'.;? l-"/li_:.'J control Materials sampling, testing, 1 lump sum 2&:,:;? Zc~c"'t andinsnection, Manholead'ustment 25 L,m <em . .",,~ /Z0~'<~" .:/'-'-- Valve box ad"ustment 30 lum2..sum /ti5 51-'1-;><-' TOTAL FOR PROJECT #3 ! "'1'"'' ;c ?;';,c __ EXHIBIT "A"pg.3 PROJECT #4 Location Oescrltion aTV Unit Unit rice Amount Eagle-Vail Overiay Eagle Rd, with 2"of Subdivision 1,084 'oe ~'Z ':'! (east\' HBP -SX, PG 58-28 -' [,H. ~ - :.>i_(, ,",__ Overlay Columbine Gir. with 279 'oe -.".' fLfg'{-5~i' 2" of HBP SX, PG 58-28 '::>;- Overlay Eagle Dr. with 2"of 2726 'oe ~/'l'!.1 ~-7 ('f' HBP -SX, PG 58-28 /')!,{'j _. Overlay Eagle Cir. Dr, with 155 '00 ,- ", [Ip",' "~',,- 2" of HBP SX, PG 58-28 ~,,,' ~- Overlay Daisy Ln, with 2" of 279 'oe .j" /f/tlp!::' HBP-SX, PG 58-28 5,;--~ Overlay Mariposa Ln. with 2" 186 'oe _,'I" 146?'!f of HBP-SX, PG 58 28 7t .-- Add Sho,~?:r material (3/4" 620 'oe /'IL1 ~"I?-?~'" road base 2'wide, 2"deen J:. . ~ ,,- Emusified asphalt (tack) 4280 9" .,. -I.~- .(."" CSS-1HorSS-1H /--- /476 --.- Construction zone traffic 1 Lump sum " ...h control /,Zr:.'fi" ,,'Z[,,>I"' Materials sampling, testing, 1 Lump sum :575.,'17 -"1r.,O/J and ins~ection, ") ~~.- ManhoIead'ustment 20 L"m ,"m -',." "'''c.''''''', )c._ VaIveboxad'ustmenl 20 L"m ,"m iT'::' ~, ,.~ _5'-'~. - TOTAL FOR PROJECT #4 )C'[ ?"II'-!~' , ( EXHI81T "A" pg. 4 PROJECT #5 Location OeSCri"tion OTY Unit Unit rice Amount Eagle Vail Overlay Cottonwood Rd. Subdivision with 2" of HBP -SX, PG 58- 465 too ~', &4 - "',; (central) -.f:., 28 :.-,6 _ ce.:>- :).__ Overlay Gopher Rd. with 2" 201 too ,,-.,1:' , ' of HBP -SX, PG 58-28 -"7 --' iC-/ie' -.::- Overlay Deer Run with 2" of 124 too - -"'I~ 1,1",.".5,0 HBP -SX, PG 58-28 ;)7.--- ..-/1-- Overlay Beaver Rd. with 2" 201 too _' ,21 ,?:,.-."'t of HBP -SX, PG 58-28 ';>7- /L'_._?"._ Overlay Trout Pond Ln. with 187 too ~-'. '" "?tf3')c~' 2" of HBP-SX, PG 58-28 :).;.., Overlay Trout Cl. wilh 2"of 46 too i ,l~ /HI":!:' HBP-SX, PG 58-28 .'/--'-- OvenayLarkspurLn. with 2" 526 too -~,-[ ~, '," /2 of HBP-SX, PG 58-28 /-:-(,-"(."",, -- Overlay Lupine Ln,with2'of 139 too __,JI -'JZ?i c~? HBP-SX, PG 58-28 :'>e-__ Overlay Coyote CI. with 2" of 62 toe _1(0(, 5f:d.'~ HBP-SX, PG 58-28 (" -' Overlay Coyote Cir_ with 2" 248 too _,d '~ ' ~':> '-)2 of HBP-SX, PG 58-28 "',' ,- !_'J,- "'_ Overlay Elk Ln_ with 2" of 527 too ~I'lf!.'! Zt1?ti'<5' HBP SX, PG 58 28 Overlay Stone Creek Dr. 1,,,,,/5 !.c'r.>"I'j'.c' with 2" of HBP-SX, PG 58- 1270 too i'l,-- 28 Overlay Deer Blvd_ with 2" of 372 too ~->''-'l' iF/c)?'" HBP-SX, PG 58-28 ::>..- - Add shoulder material (3/4" 728 too /~-Ei !6 "15"q>': road base) 2' wide, 2" deep ,,>--- Emusifiedasphalt{tack) 3971 g" 7- 'l~'>. il{:;"-"~-; CSS-1HorSS_1H Construction zone traffic 1 Lump sum /~ I( 7"1~! z/l7'1 "~- control Malerials sampling, testing, 1 Lump sum -- "" Jh/':' and inspection, :; fL,l _ Manholead'ustment 30 Lorn ,"m :0,'-. "-,,',,, ,--""{, Valve box ad'uslment 40 Lu~um i/~~ 7a"t<~_ TOTAL FOR PROJECT #5 Zb'l~;;,?i " EXHI81T"A" pg.5 PROJECT #6 LocatIon Descrition Q;Y Unit Unilorice Amount Eagle Counly Overlay parking lot #1 with Airport parking 4" (in two lifts) of HBP-SX, 978 too '-IZ~7 ilf3"fC':.!': lols PG 58-28. Overlay parking 101 #2 wilh 4" (in two lifts) of HBP-SX, 810 too '-fl.!,' ~'! 't") ,0 ',"J _ PG58-28. Overlay parking lot #3 with ,:, 4" (in two lifts) ofHBP-SX, 1955 to, "z-rU("'i -12:- I, I ..__ PG 58-28. Overlay parking 101 #4 wilh '-/10 L/~'.It?'!.'! 4" (in two lifts) of HBP-SX, 966 too PG 58-28. Emusified asphall(lack) 2140 9" iY/ ;-;"(51;.,,-> CSS-1HorSS-1H >-' .- Materials sampling, testing, 1 Lump sum It'lD 'T! MW.':':..~ and ins~ection. TOTAL FOR PROJECT #6 Zt-., fi-17'~~ ~ , O::XHIBIT"A'pg_5 PROJECT #7 Location Description OTY Unit Unitprlce Amount Fairgrounds Place 4" (in two lifts) of HBP- Road (County SX, PG 58-28 in one lane 1,144 too from park & ride east to "'6 Road #4) 'IL(-'-- .--"'''1'i ,,~ fairqrounds pavillion. :;lei" -- Overlay entire road witi12"of I HBP-SX, PG 58-28 from 2192 leo --fLi',:! '1(1;___'-3:'.!: park & ride east to Animal Services bldq. Add shoulder material (3/4" I Z _5J I -' '-;" road base) 3' wide, 2"deep 759 too _f_ (td33 --- Emusified asphalt (tack) 2513 ,,' /'< E"', CSS-1H orSS-1H 10'::_6,_ Materials sampling, testing, 1 Lump sum '/z'('S I I<--fZ<'''..!- and in,<;pection_ I ,L-'_ Manholead'ustment 1 Lem "m $2';'" !!,,}/<J Valve box ad'ustment 6 Lem sum z-",'1'o /z?_,':_ Construction zone traffic 1 Lump sum " $c;':'lt~ control [:'-(,:!I-- _,_J_ _ TOTAL FOR PROJECT #7 1'18 J<{I't'/ , TOTAL FOR ALL PROJECTS I I, 380/'f3'i ?:" I PROJECT NOTES: 1_0neormoreoftheabove projects could possibly bedeletoo, 2. Manhole ar.d \lalve box adlustment "lumD sum" 3hall be tile cost loadjustthequantitiesli3ted, Final manhole and \lalveboxcounls may 'Iary from '.vhat i3 Ilsted_ EXHIBIT "A" EAGLE COUNTY 2006 OVERLAY PROJECTS PROJECT #1 Location Dascrintion QTY Unit Unitnrice Amount Landfill Road Overlay Landfill Road from (County Road Hwy131 to landfill scales 3,775 too #49) with 3" (in two lifts) of HBP. SX, PG 58-28. Add sho~~er material (3/4" 871 too road base 3'wide,3"dee Emusified asphalt (tack) 4576 9" CSS-1HorSS.1H Construction zone traffic 1 Lump sum control Materials sampling, testing, 1 Lump sum andinsection. Manholead.ustment 0 " Valveboxad.ustment 0 " TOTAL FOR PROJECT #1 PROJECT #2 Location Dascri '"0 QTY Unit Unit rice Amount JWOrive Overlay JW Or. from EI JebelRd. to BJue Lake 772 100 I (County Road S bd. . . "th 2" f HBP #BL1) u IVlslonwl 0 _ SX. PG 58-28 Add shoulder material (3/4" road base 3'wide,2"de Emusifie p -1 Lump sum alssampling, testing, t Lump sum and ins ection. Manholead.ustment 0 " VaJveboxad'ustment 0 " TOTAL FOR PROJECT #2 EXHIBIT"A"pg.2 PROJECT #3 Location Descrintion QTY Unit Unitnrice Amount Eagle-Vail Overlay Deer Blvd. with 2" of Subdivision 2,323 100 {westl HBP -SX, PG 58-28 Overlay Deer Ct. with 2" of 62 100 HBP -SX, PG 58-28 Overlay Ptarmigan Ct. with 170 100 2" of HBP -SX, PG 58 28 Overlay Grouse Ct. with 2" 294 100 of HBP -SX, PG 58-28 Overlay Eagle Vail Rd. with 77 100 2" of HBP-SX, PG 58 28 Overlay Bear Ct. with 2" of 62 100 HBP-SX, PG 58-28 OverJay Pheasant Ct. w/2" 186 100 of HBP SX,PG 58-28 Overlay Lark Ct. w/2"of 62 100 HBP-SX,PG 58-28 Overlay Doe Ct. w/2' of 31 100 HBP~SX,PG 58-28 Add sho~~~r material (3f4" 545 100 road base 2'wide,2"deen. EmusifiedasphaJt(tack) 2971 9" CSS-1HorSS-1H Construclionzonetraffic 1 Lump sum control Materials sampling, testing, 1 Lump sum and insnection. Manholead'ustment 25 Lum sum Valveboxad'ustment 30 LUllJ..e....sum TOTAL FOR PROJECT #3 EXHIBIT"A"pg.3 PROJECT #4 Location Descr;t1on OTY Unit Un;t r;ce Amount Eagle-Vail Overlay Eagle Rd. with 2" of Subdivision Hap -SX, PG 58-28 1,084 too east Overlay Columbine Cir. with 279 too 2" of Hap -SX, PG 58-28 Overlay Eagle Dr. with 2" of 2726 too Hap -SX, PG 58-28 Overlay Eagle Cir. Dr. with 155 too .2' of Hap -SX, PG 58 28 -~---- Overlay Daisy Ln. with2"of 279 HBP-SX, PG 58-28 Overlay Mariposa Ln. with " of HBP-SX R 'd ( 4280 9" S 1HorSS-1H Construction zone traffic 1 Lump sum control Materials sampling, testing, 1 Lump sum andinsection. Manholead'ustment 20 Lorn ,"m Valve boxad"ustment 20 Lorn ,"m TOTAL FOR PROJECT #4 EXHI8IT"A"pg.4 PROJECT #5 Location Descr;ntion arr Unit Un;tnrke Amount Eagle-Vail Overlay Cottonwood Rd. S~~division with 2" of HBP -SX, PG 58- 465 too centrall 28 OverJay Gopher Rd. with 2" 201 too of HBP -SX, PG 58-28 Overlay Deer Run with 2" of 124 toe HBP -SX, PG 58-28 Overlay Beaver Rd. with 2" 201 toe of HBP -SX, PG 58-28 Overlay Trout Pond Ln. with 187 toe 2" of HBP-SX, PG 58 28 Overlay Trout CI. with 2" of 46 toe HBP-SX, PG 58-28 Overlay Larkspur Ln. with 2" 526 toe of HBP-SX. PG 58-28 Overlay Lupine Ln. with 2"of 139 toe HBP-SX, PG 58-28 Overlay Coyote Ct. with 2" of 62 toe HBP-SX, PG 58-28 Overlay Coyote Cir. with 2" 248 toe of HBP-SX. PG 58-28 Overlay Elk Ln. with 2" of 527 toe HBP-SX, PG 58-28 Overlay Stone Creek Dr. with 2" of HBP-SX, PG 58- 1270 toe 28 Overlay Deer Blvd. with 2" of 372 toe HBP-SX PG 58-28 Add shoulder material (3/4" 728 toe road base) 2' wide, 2"deep Emusified asphalt (tack) 3971 g" CSS-1HorSS-1H Construclion zone traffic 1 Lump sum control Materials sampling, testing, 1 Lump sum and ins~ection. Manholead'ustment 30 ~sum Valveboxad'ustment 40 ~sum TOTAL FOR PROJECT #5 EXHIBIT "A" pg. 5 PROJECT #6 location Descr; tion QW Unit Unit rice Amount Eagle County Overtay parking lot #1 with Airport parking 4" (in two lifts) of HBP-SX, 978 too lots PG58.28, Ovenayparking lot #2 with 4" (in two lifts) of HBP-SX, 810 too PG 58-28, Ovenayparking lot #3 with ,4" (in two lifts) 8 p' too Emusified asphalt (tack) 2140 9" CSS-1HorSS-1H Materials sampling, testing, t Lump sum and ins ectlon. TOTAL FOR PROJECT #fj EXHIBIT "A"pg. 6 PROJECT #7 location Osscrintion aTT Unit Un~t pries Amount Fairgrounds Place 4" (in two lifts) of HBP- Road (County SX, PG 58-28 in one lane 1,144 too from park & ride east to Road #4) fai nr~lJnds avillion. Overlay entire road with 2" of HBP-SX, PG 58-28 from 2192 too park & ride east to Animal Services bide!. Add shoulder material (3/4" 759 too road base)3'wide,2"deep Emusifiedasphalt(tack) 2513 9" CSS-1HorSS_1H Materials sampling, lesting, 1 Lump sum and insoection. Manholead'ustment 1 Lom .om Valve boxad.ustment 6 Lom .om Construction zone traffic 1 Lump sum control TOTAL FOR PROJECT #7 TOTAL FOR ALL PROJECTS I I PROJECT NOTES: 1. One or mOfe of the above projeds could possibly be deleted. 2. Manhole and valve box adjustment "lump sum" shall be the co.stto adj ust the quantities listed. Final manhole and valveboxcounts may vaiyfrom what is listed. ROAD & BRIDGE DEPARTMENT GENERAL CONDITIONS ,. Contractor shall provide and pay for labor, materials, equipment, tools, utiJities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor faUs to obtain the tax exemption(s) applicable to pubiic 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 wiJ[ not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibiiity for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, uniess such understanding or representations are expressly stated in the Agreemenl. 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, quaJity, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work. provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the Owner, provided that such extensions of time shaIl in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 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 10 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 attributablecosls. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulalions, 10. The Contractor shall be responsible for initialing, maintaining and supefYising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The Contractor shall promptly remedy damage and loss to property caused in whole or In part by the Contractor, or by anyone for whose acts the Contractor may 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 perfonnance 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 pruject is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties " Federal Bonds ood " 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. ,'C- 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, disabiiity 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 Liabiiity Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under the Agreement performed for the Contractor by subcontractors, Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Properly 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 Governmental Immunity Act, 24-10-101, et seq., CRS (1973) as that may be amended from time-ta-time, 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 wi ththeOwner to do Work on this project, and, at the Owner's option, any other person or persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain provisions naming the Owner as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be 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 all required insurance have been obtained ,cd certificates with the proper endorsements have been filed with the Owner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner'S rights hereunder. 15. Owner, at its option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing ,cd maintaining th, insurance hereinbefore specified. 16. Before permitting any of his subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his own policy. 17. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bOdily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 18. After execution of the Agreement, changes in the Work may be accomplished by Change Order 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 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 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 no! involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly. 19. Progress Payments: If the project is subject to progress payments, nol more often than once a month, Contractor shall submit to Owner an application for payment filled oul 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, seNices, material, and equipment for which lien could "'" . be filed, and that all payrolls, material, "d 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. 938-26-107. 22. Contractor warrants and guarantees that title to all work, materials, "d equipment covered by any application for payment, whether incorporated in the project or no!, 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 perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work 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 promptiy 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 <. Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site, and replace it with nondefectivework. 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 Conlractor. 28. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, 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 delivery to Contractor of a written notice ("Notice of Termination") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner's 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 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 arising out of the termination of such orders and subcontracts; ,. with the approval of Owner, settle all outstanding liabilities and a II 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 even! of such termination, there shall be an equitable reduction of the Contract Price 10 reflect the reduction in the Work and no cost incurred after the effective date of the Notice of Termination shall be treated as a reimbursable cost unless it relates to canying out the unlerminated portion of the Work or taking closeout measures. Ird&brdge.gc . , , . LIBERTY , BID BOND BOND SERVICES . ~' Bond Number; KNOW ALL MEN BY THESE PRESENTS, th3twe OLDCASTLE SW GROUP, INC. DBA S&S EXCAVATING as Principal, (the "Principal"), and UBERTY MUTUAL INSURANCE COMPANY, a mutual company duly nrgani'ed under the laws of tf>e Commonwealth of Massachusetts as Surety, (the "Surety"), are held and firmly bound uoto EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS as Obligee, (the "Obligee"), inthepen~lsumof FIVE PERCENT OF AMOUNT BID Doll~rs($5%), for tI'1e payment at which "urn well end truly to be made, the Princlp~1 and the said Surety, bind ourselves. Our heirs, executors, edministr~tors, SUcc8s"orsand essigns,jolnllyand "ever~lly, hrmly by these presents_ WHEREAS, the Principel has submitted a bid fur 2006 OVERLAY PROJECT NOW, THEREFORE, if the Ohllgee shall 8cr.ept the bid oftl1e Principalw ithin the period specified Iherein, or, ifnoperiod be specified, wilhin si>:[y (60) days after opening, ~nd tI1e Principal shall enter Into a C<JnlraGt with the Obligee In accordance wilh the terms of such bid, Jnd give such bond or bonds as may be speci~ed In the bidding or OJnlrad documents, Or In the event of the failure of the Principal to enlerinto such contr~ct end give such bond Or bonds, lithe Princip~1 shall p~ytothe Obllgw the dllference in money not to exceed lhe penal sUm hereof between the ~mount speciffed in said bid and such larger amount tor which lhe Obligee may in good f~ilh contract with anOlher party to perform the work covered by s~ld hid, then this obli[Jalion shall be null and void, otherwise to remain In full force and e~ect. In no event shall the li~bllityhereunderexceed the pen~lsum hereof DATED as of this 9TH dayof MARCH, 2006. """"''''''' "'\'Ie Ds '" " . ", ,"" \........4q '/ OLDCASTLE SW GROUP, INC. /',-:~..~~'jr,RArl"",:;"-, -"". . DBAB&B EXCAVATING g~':~'(Seal~ ~ :" Pnncipal ~o:-: S"\1 ;; WITNESS/ATTEST: ~U>'. .. - . <::>.' ?C& &j/ 0;"',. ~.'~. ~~~ :-...cO'-o~"I;"~"J B . "~i/' ......... ":l " ~ ~ ~ ~ N"'/1X",4t'-". ---"'"10",, omo ."", t. ",,,,,,,,"1" Tille C.D.~ LIBERTY MUTUAL INS\RANCE COMPANY (Seal) Surerj . ~- -, (8y,___ '-.- ~-''fINA _~i --- ""':C,",', ,.-,,'.-, -- ---'- . 1874998 THISPOWEROFAnORNEYISI>IOTVAlIO""lESSITISPRlrHEDONREDBACKGROllND. Thi.Fowe,ofAtlo<neylimlt.theact.ofthoseoame<lhereln,and'heyha""no autho'ltv to blod the Company exeept in the m.nnerand to Iheexte,,'h.,ein."'ted. - liBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS I POWER OF ATTORNEY KNOW ALL PERSOI>IS8Y TKESE PRESENTS: TI>at ~ib.rty MUI"aJ I",u'anee Company (the 'CompatlrJ, a Ma5sachllSelts stock inswan"" oompaoy,pursuamlO and by autt>onlyoflha By-lawandAu1ho<l,elim he,elneftersetf orth,ooes hmeby name, Mnslitule and apf>Dlnt TINA DAVIS, MARCJNDA DRYSDALE, DERIK STEVENSON, ALL OFTHECITY (lFSALtLAKE CITY, STATE OF UTAH.. .........................................,..................................."........-'.....'......................"'.,..........;.................,............................................ .............................................................."........................................................................................m......................................... , .achlndi,,;duaJly if Ihere be morlH]an on.named, its ~.u,rand lawfufatlOrn"y.in.facffo(n~ke. execufe, seof,~ckno"lo1Ogeand daflver, forard 00 its behalf a, .uriM ar.d as ils oct ond.'<JeOd, a'.')';.aoo all un<Jertakiog', baod" '"oognl'a<'>o;>s ~nd other su,elf( obiJ8all""". io'1I1e p.nal '''''' not exceGdlng SEVENTYF EMILLlONAND00l100 .............-.. . 'DOlLA~SI$ 75;000, 00. ...... leach,,",dt~e OX"OUtiOOof"IIChundertaking.,bn!ld$,.r"""lJnlzanca.ar>dotha'suretyobl~Qn.,in.pursuan"" oflheso pra."",ls..sholl b. as blndiog upoollle GompanYa5lflll.yhadbasndulyslg'>6'd.~ylhop'.5ideol.."(hlllest~d by tho ""oretaryol lI'1e GoffijJanYln lhelro"",..proper p.rson.. TMtthi'POw.'lsmadear.d.".Wledl>.""UMtloandbyaLJth""tY,ottti~f'"IOwinqBy-law"ndAuthomation; ARTICLE XIII. Execution otCon~acls: S""~on 5, SlIr<!ty Bond. and Undortaking5, Any offto.r of lIlo Compaoyauthorized for tt>atpUlpose in writing bYlheoholrmanorlh~presid.m, and subject 10 such limitations a. the chairmanorlhepresldenlmaypre'Oribe,.hallappoiol.uchatlorneys.in_faOI,asmayben.cassaryloaotlnbeh.elfOltl1eCompanylomake, ex"""",,.oal.acknowledgeondd&livera.,uretyonyandallunderraklng5,bonds,recognizancesandofher.urelyobligation.. Sucll - attomeys.in.taot, subjeotto Ihe limilatlons ""tfO<ff1 In Ihalr re5pooWe powa.. of a tIomeY.5hallh.evefullpowerfobindfheGompanybyfhBir . o signotureandex.outionofanY",",hirn;uumenisandto8ttachlhllreIo1fles.alollheCompany. Wheoso.xeCUIed.uchinstrJJmeots,'WI.bo;> lif ""lJjndlngeslf.lgnedbylhepresldootandallwtedbylhe,acretafy_ .. ~! 8ylhafojlowinginslrumemIh8ohall1'!lanorthepre.idanthasoufhOlizedlheofficerorott>erofficlalnam<>dlhereintoappoimallameys_ln_!acl: 11-= PursuanttOAr!icl~XIII, Seclion 5otlho By-Laws, GametW_ Ellioft,AsslstanlS""retary01 Ub.rtyMutualln.u",nce Company, ishsreby ~E aulhoozed fo appoint such atlorneys.;n.f8CI as moy be oooossary 10 aotin ~eha~ofthe Company'lamake, ~"ecule, '.01. ackno"'.dgeatld :c.~ d~lIve'a5surelyanyandall undortaklngs,bonds.,ecogn4zancesandofhor.ur.tyolJllgatiorlS_ fl if'" I ,",<I>ThattheBY-lawandtheAUIhOtization~tIOrthal>ovea'8t,,",copieslho'eotand"'eOOWiOfullfoeco_eff.ot_ >-1 I" ~ "'!l! IN WITNESS WHEREOF, 1Il1. Pow., oj AtIomsy hao baen subscribed by a.n authoriz.d on;"",r Or official 01 tho Company and the corporat~ .eat of 15 I :@... Libarty Mutuallnsu'ance Gompanyha. beeo affixed Iheroto in Plymollll1 Meeting, Peonsylvania this 23rd dayof January :I: ~ .!! :J 200B <( ~ I c:E o~ '" ill Ll8ERTYMUTUAL I~SURA~CE COMPA~Y ...l 0... ~, 1-:'" (("")" '" 0 ~ 0 ,,",". ..... '0 Sill ,i(,;:\" Bye 4A/. cz~ o.~ <=E! ~-,-':"N GarnetW_Ellioft,A,slstmtS"".lary .!!!:! ri.. COMMONWEALTHOFPEN~SYlVANIA 's ,y '5. g'~ COU~TYOFMONTGOMERY o~ '" . ~~ 1:: ~ OnllllS~dayof Januarv ,.lQQi, bobs me, a Notary Publio, personally came GametW Elliott, tome known, andacknoVl1edgod ~ ~- that ha I. an Ass,""'nt Secretary of Uberty MutUal Insurance COOIpany: thai h. koows the se 01 of said oorporalion;and Ihat he e'..,uted the abovo 3i!.! riPoworofAllornoyandaffixodtheco,porateseatoflib.rtyMutuallnsuratlceGompanytho,.towiththeauthotityandotthedirectlonofsaidoo,po",tlon. mil -. > :; ;;, IN TESTIMONY WH t 010 SJJbScrib.d my n.",e._.atfl_ myoota,jal',eal at Plyril{}Qth M..IIng, Pennsylvania, On the day. and ywr ~ ~ = '" tirslabovewrittan_ <C ;i:<"Ol'-W", < . -co g! i ~ " ~" \,. OOI.N:'WlmT~C!'""""m FA ~ .., -/d.':' E~ l: <> '<- r _0.. ~~ '-CO> S= OF, '''-_''''"-'''''''''' "By ..... 'l:~ z <> , """"",,:I<>,"'''''''''~'''''''' /, 8 : ",.e;.'_"""",,",:>l,2((lj Te'saPasrella,NOlaryPllbllo .- ),;~;;-__,",""""'""~N""'- {!.'i' CERTIFICATE. .- l,thaundersignod,As5i5tan relaiyoflibenyMuIUallnsuraJ>Cecompany,dDh.rebYOMMythat.1he.ooigiootjXPoVe,'oiattorneyolwhiOhtl18fore!J<ling "'afUII.~u~andoorl'eClcDPY,igiotufll=OndmreClonthe.daJ.Of-thlsco~iijcate;a""ldo(Urihe'-cor1Jty.thatlheoffioeroroffic,"lwhoe'aoUledlha said power of ot!;)rney;" 00 As5lslont Secrelary 'peo",lly oUlhorlzed'by.the ohalrman orthep,e"'dantlo'appointattomeys-i"'faota5providedloA<1icle XIII,S.OlionSofIheBy-lawsofUbertyMutuallnsu,enceGompany_ This canificale and lIle abova power of atlOmoy may be signed by fflC$imllo or mechooioally reprOOuced .Ignalur.s under and by allU"'oityoflh~ lollowiog vote oftha board ofdi,aclo" of Ut>erty Mutual In.u'ance Companyata meeuog dulycall.d andh~ldontha 12lhdayofMarch, 19130 VOTED thai the fac.lmileor mechaoically reproduc.d ,,;goal",e afanyas.lstamsoc'.faryollhe oompatly, wh~reverappeariog upon a ceriifiodcopyofanypowerofattomeyls.uedbytheoompanyin"",,,,,ctionwilhsu,.lyboods,.hallbevalidandbindiogupootheoompany withtho.am.fo,mandetfedo'lhooghmanuallyaffixed_ IN TESTIMONY WHEREOF, I have heraunlO subsonbed my name and at~,ed the oo'porat~ ""al of the silJd company Ih,. 9TH day 01 '''"''' '006 "'~ Da~MCareY'A..~oretary . . ---.. __.n . ------, --..--......---------..----.,---- ---------- --'- -'-, .~. .....- (". PERFORMANCE BOND LIBERTY BOND SERVICES Bond Number: 14-039-480 KNOW ALL MEN BY THESE PRESENTS, thatwe OLDCASTLE SW GROUP, INC. DBA B&8 EXCAVATING ,as Princjpal (the "Priocipal"), and Uberty MLItuallosurance Compaoy, a mutual C()mpaoy duly orgaoiWd under the laws of tho commQnw~alth 01 Massachusetts, as Suroty (Ihe "Surety"), aro held and firmly bouod unto EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS as Obligoe (the "Obljgee"), 10 the ponal SUm of EIGHT HUNDRED SEVENTY_EIGHT THOUSAND NINE HUNDRED FORTY-SIX AND 58/100 DOllars ($878,946.58), for the paym~nt 01 which sum well and truly to be mado, tho Prjncipal aod the Surety. bjnd ourselves, our hejrs_ eXecLItofS, administralors,succossorsaodasSi9nS,jOintlyatldseverAljy,fjrmly by these proseots WHEREAS, th~ PrjnCipal has by written agreemeot, dated MARCH 30, 2006, enlored into a cootract (the "Centrac!") with the OI>ljgee for 2006 OVERLAY PROJECT which Contract is by roference mado;) pari hereo!. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that jf the Priocipal shall promp~y and faithfully perform the Cootract, then !hjsobliganoo shall bo oull and vojd: othelWjso a shall remajo io rull force and offect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: , Wher>~ver the Pri~ipal shati bo, and bo dedared by tho Oblige~ to be in default uodor Ihe Contract, the Obligeo having perfommd th~ Obligeo's obligations th~reuoder, the Surety may promptly romedy th~ dofault, or shall promptly' 1.1 CempletetheC()otractjo accordaocewjth its lonnsaod condWoos, or 1.2 Obtaio a bid or bids from altema~vo cootracts to complote the Cootract jn accordaoce with its t~"ns and coodjtior>s, aod upon dotarmjnatioo by the Surety of the lowost responsil>le bjddo r,OrdtheObljgoeeloct.s,upondeterminatjOnl>ythe Obljgee aod the SUmty jointly of the low~st responsjble biddor_ arrange for a contract between sl1<;h bidd~r and the OI>lige~_andonakeavajlableaswork progrosses (eventhoL1gh there should bea defaultorasUCC~SSi<:molllofaUltsuoder theconlraC1orcontractsofcomPI~tiooarrangOdl1r1derthisparagraPhJsufficjeotfunds to pay the cost ofcompletioo less thel"'la~eofthecootractPm;o:butnote"Ceading,inCIUdiOgothercostsanddamagesforwhichth~SuretymaYboljal>le h~reunder, tho amouot sel forth jn Ihe nrst paragraph of this bOnd. The term "balaoce of the contract price," as used in this paragraph,shall moan the total amouot payable by the Obligeetothepri~ipalundertheCootractandany amendments themto, less the amount prop~r1y paid by Ihe OWg~e to tho Principal. , Notwjthstandinganyotherprovision or this bond Or the Cootract, orot horwise, the Surety is oot reSiXmsjble for and shajj not be held liable to tho Obligeo for any ha.:ardous waSfe reonoval and the Suroty shall nol be held liable to_or io any othormspoctbo respoositoe to, the Obligee by Wfly ofiodemnity, clairns orotherwise,ortoaoYPul>lkauthorityortoany ottlerpersoo,firmorcorporation,fororooaccounIOfanYfineSOrdajms byaoy public authority Or for bodily injur1es or property damago to any person Or thiog, j~ludiog, but rIOt limjted to, injury Or damago du~ to the rel~aso Or throat of reloaseofhazardoussubsta~esofanYkiOdOrdamagotoreaIOSMe(lrtOfho environment Or cleao-up costs or other damages of whatever kind or nature arising out or aoy ad of commjssioo Or omjssion by th~ Principal, !he Priocjpal's agents, ser'anffi, employoes,subcontradors Or suppliers orany other person io COnnactioo with the porformanco of the Contract. This Ijmjlalion applies regardless or when aoy such rjne is assessod, clajm is mad~, Or injury, damago, releas~ orthreatorrel~aseoccurSaOdwjjhoutregardtoanYlo"~ or condition of tho Contract. Lh~.wo uum ( (1874535 'THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTEO ON RED BACKGR DUND. Thl.P~w.rofAtlorneylimit.tl>e.ot.oIthO'en.me<lher.ln,'ndtl1.Yh.veno outhorllylo bind 'hoCompony excep' In "'. monner ondlo th..Jdenthereln.toted. LIBERTY MUTU/lLINSUAANCECOMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESe FRESEI>lTS: That L1Mrty M"lual InsuranC8 Company (tho "Carnpany'l, a MassaohuS<lns stock Insu ,anCe oompany,pu","antto.ndby.ull1orrryoltM8y-law.ndAuthorlza,ionhorolnafla,setfor1f1,dwsho,ebynamo,ronstiluktandappoint TINA DAVIS, MARCINDA DRYSDALE, DERIK STEVENSON, ALL OI'THE CITY OF SALT LAKE CITY, STATE OF UTAH.. .................""......,,,........,,,,,....,,..........,..........,,,,,.................................................................................................................... ............................................................................................................................................................................................... ,each indioidual'Y if there be more lhan onenarned, itslrue and lawful attorne~-in-facttoma/;e, e"'CUle, seal, aOkoowledge anddelive', for and on its ~ehalfas,urelyandasitsaotanddeed_anyandall"nd_ings,Mnds,'ecognl'anoosando,hers"r8lyot)lIgaoonslnthaponalsumnote,o,*ding SEVENTY FIVE MILLION ANO OOil00...H.......H...... OQLLARSIS 75,000,000,00"'" le"c~,andth" exewllon of suol1 "ndartaklngs, bonds, reoognlza""'sandotho'suralyobligao ons, in pursLJancoofll1&sepr&sonts,shall bo as binding upon the CompanyasittheyhadboondulysignedbythepresidentandattesledbythesecretaryoftheCompanyintheirownproperperson" Thatthispowerisrnadeande,ewtedpu",uanlloandbyauthodlyolthelollowing By-law and AUlhorizationo ARTICLE XIII_ Exocu~onol Conlracts: Secl;"n 5. Suroly Bondsand Undertakings_ Any offICer of 1110 Company autl>orized lor that purpose in wrmng by the chairman or the president and subject to ,uch limita~ons as the . chairman or Iha pr""idont may prescribe, shall appojnt such attorneys.in.fact_ as may be necessal"\' to aotln beha~ of the Company to make, 1:; execute_seal, acknowledge and deliver as ,urelyany and all "ndMa/;ings, M nds, reoognizances and olher su'ely obligations, Such 'tJ "I attomey.-in-fact,subjeol 10 Ihelimilationssetlorth In thel,respectlve powars 01 attomey, shall have lull pOW&rIO bind 1M Company by Ihel, l:l Signal"reartde,ecu~onolanysuchinSl,umenl$artdIOanaol1the'etolh&s&alof IheComparty. WhonsoOX&CUIOOSuohlnstrumontsshallbe ~ g. asblndlngaslfslgned~y'h" presld&mandatt&st&dbylhosoc,etal"\'_ _~ . . . ". ill BythefollowinginstrumcntthoohaJnnanorthepresidenthasauthorizedtheofficerorotheroflicialnamedlhereintoappo<nlatlorneY:Hn-lacl: .<:t o. > 2i: Pu"uanttoAriicleXIII,SeMion5ol'he By-Laws, GarnetW. Ellion, AsoislantSocr&taoyofLib&t1y MUlual Insu'a nco Company, is h&reby lij _-12 a"thori'ed 10 appoinl.uohatlomays-In-faol as may be Mcossal"\' to aot I n bohall of the Company 10 makO,oxocukt,soal,acknowledge and c 'i ~ d&liveraosur&lyanyandallund.rtakings, bonds, recognizanc.sand othe rsuretyobligations, ii 0 ~m u~ ~ ~ Thai the By-law and IheAuthOrizatiOn setforill abOve are trueoOpies thereol and are now In loll foroe and effect ~~ 0- 0 .. ~ IN WITNESS WHEREOF, this Poworol Attomey has bo&n subscribed by an authori,ed officeror official ofll1e Company and the corporate seal of l5 a ,gj.. Uberty Mutual In,uranceCompanyhas beenaflixed thereto In Plymouth Meeting,Pennsy IvanlathlS 23m day of Januarv =0 ,!!::l 2006 <l(.., 'l;l -" "._ 0'" .,ill UBEATYMUTUALINSURANCECOMPANY ..'l;l o ~ ., c - ,. .' C ~ c<<~ 0, 0" By _ tft/. 0..., ci! GarnetW_EI~ott,Assj'lantSecrelary .'!!.o <i_ GQMMONWEALTHOFPENNSYLVANIA ss =~ ~', COUNTY OF MONTGOMERY c~ . 0 t:~ Onthis...ziliLdayol Janllarv. ,.2l2!:lll,beforeme, a Notal"\' Public_perMnally came GamP.tW Flllott, to me Io1own, al'ldaclo1owledged _~ll ~_ thalhei,an Ass"tant Secrelal"\' of liberty Mutual In,urance Contpany; that he knowst he seal 01 "'idoorporatlon; and that he exaculed 'he.bove 'tJ! ....!' Powe,ofAnor""yandaffl,edtheoo'poratesealoILllWrtyMutuallnsu,ancoCompartyther&lowllh,heaUlhoMtyandatthediraotionofsaidoorporation 1\!.8 S_ t . . .. _ _ ~o 'tJ>.INTESTIMONYWH . ~ unlosubocllbod my name and afflXod mynolarlal ,eal atPlymolJlh Meeting, Pen nsylvanla_on the dayalld year ",,'" =0 tirglabOvRVllltt.n_ ~":jl"O~W"" <'. -&I !!'!i: 'if" --" <- C'CA<MO<,'N'^"T"O'''_EcVAN''I A-.. 11 ,~ 'E ,-, F -----''''.-, Z' P<-d -" O~ -~.. OF ); f_':=~""",,! By L.uuJ ~ '!; Ol:." .. """"-"~T".'""""""",,,"""~' , 00 ~. .~<t:~ :.......~:,:~~,>r'""~"'= i Te,ba P"stella, Notaoy Public ~1O CERTIFICATE ~.q:'~~....f> "'"o"",.~,....".,~",~"..,."r",";" ~,:. I, the undersigne<l_AS$istan relal"\'ofLibertyMuWallns",a"""Compony,dohe'ebyoertily'hatlheo'iginaIpowe'of"tlO'neyofwhlchl~eIO/egoing is a lul', true andco~ectcopy, is in Wlllorceand e<<ectoo the dato 01 thi, reriifioate: and Ido lu~herceriifythattheofficerorofficial who execuled the said pow&r of attorney Is an Assistant Secreta'l' specially autho,l,ed by the chairman o,the pr&sldentlO appofntattomey"~n-faotas prC'Vidod in Arliclo XIII,Seclion~oltheBy-laWSofLibertyMu'uaJ In,uranceCompany. Thiscartificate and the above power of anomeymay be signed by lacsimile or mechanically rapradUC.d ~gnatu"'sund.r .nd byauthorily otthe following voto 01 'h& board 01 directors Df L1b&rty MUlual Insuranc& Company a tam....tingdulycalled""d hold on 'he 12'h day of Morch, 1%0_ VDTEDthatth8facsimileormeohanicallyroproducedsjgnatureof_assjslant,ecrelal"\' Dftho company, wherever appoaring upon a certiliedcopy 01 any power ot attorney issued by the company in connection withsu rely bood',shall be valid and binding upon Ihe oornpany wilhthesameforceandetloclasthoughmanuallyaffi,ed_ INTESTIMONYWHEREOF,lhavehereut"<lOSUMcribedmynartteandafllxedthecorpo'ale seal of the ",id company, this JRD day 01 APRIL 2()()6 ~ em b: ,'-""-~'.' -"F ',.:: ' '\./" By,. \;-,.-,,:./ Davi M_CarOy,Ass tSocr&tary ----.-,---- ~ C<rlIllcatenflnsUJ'am.e 101< "",mere"" '<<L,en \<, <f,\1". OF rmOI~"^TlO' 0' , -'ND CU""" NO "'''''' C'l''-'" YOUTH" CCRT]m:.'" """DER. IHI> """TfFlC.lIE" ",..T M' '"" R \~CE'OUCl A~DL'" <'01 .',",W, "TE.~O,O., ."TER Till: ""','FRAGE .\FFDF11wnvTRErouc,,< ",rOO%LOW Thl"r,toC<rlifyth"1 I !OldC3SlleSWGrouPlncdlb/aB&BEx",,,,ot;ng Libertx Altn:DeblEsslinger NAME,,-_'-]) POBox 1729 M>URW;S OFf\'S!IRED Mutual. jEdward co 81632 --.J r,. "~.< ;~""" o',h;, "'","C.,., """" by'" C'm,~",.",""~' pori,>,''') ",," ',kw, 'L1,,,,m,,m,, ~"~"d', ,,, ",~" ""k.,"i"ii"objm" 'Horn'""" """"",,, ~" l~',",",,,~ """ .,,,,,, by~" ~quU.~ffi' 'am ~ -~"'""' of~",. -CO",,, ~ """ d"'om,", ,,,' re'r<"" ~h,,', wi, """,,,,, m,." ;""oj FSPDATlc t\'J'EOi'I'OUC'I' DmNTTNl'olJ' I'OLlCY_'IIJl.IBt:R LlMITOfLl~lnLln D!xrcNDEu !ZJrnI.1Cyr"n, WORI(E1L~ CDV"C'OEA<H}'~WU"D'RWC U1PLOHRSLIARJLITY 9/112006 WA7-C8D-004095_025" 'A"'on"'"'OlW\\'NG'TATE'_ COM.rENSA1l0_~ WC7,C85-004095-015 AU.STATESEXGlUDING n'd;J""i""'Ah~''',F MONOPOLJSTrCSSTATES 1.0000"._ .". OR,wr "o';'yT"j~)'"yD;"",, $1_000000 """""j"~."y~;".,, 1000000 GE'iRlU.LlJ,\BlLITI' 9/112006 RG2-C85--D04095_115 "'",~JA,,,,,.".,,, O~"".'J'ro''''';iComr''kJ'''m'"" " 2000.000 GZIUCU"""H ""''"'~''C,""k~"Dp""""",,,",,,<,," OCCA"'-'W.D" 2000000 B,"",'"j"'J''''JP,''",",'D,m.'r~L';'~i: ,,,nM 0000 r,,,~"~o" I RETRGDAT!' I ''''OO'''"j'"y Included' P~P",~,io,,"'='io, Qt," r"~ "cJudea'in8J!P~liobl"ty R[DAMAGE$100,OOQ;PCR , , A(:ro,W)JJ1U; 91112008 AS2-C85-004095_125 ,."hA<<;d,", S",l.li,,,;' L1AllILITY $2,OOO,000HAod,.U_~',mb;'" G'lDW"W ""'"""m GJ~o~_o""N"n '.""~.d,"""t"o""~,,,,, @H'RE~ C"b.\,icl,m,-"r-,.,.~" ()Tga t NCcOFCOVERAG[ Aulo;Con," ~ed$10,OOOICO"Ded$10,oOO .'DnrTtO_'.".(O"-"'~"T' i'roj'_'ct, 211116 Uverlay l'roject !\dditionill Insun-,d, lCa'lle COUnty Hoad " "'ridge ."""'~"""~'^';"",,,J~,;,,,,,,;,,"o.,,-.,,"""",=,,,..,o",,,",",o"<';',o.".";""",;.."do'=""'dbd=,"",,,",,,.,,,.,,;,,,;O"'o1<. 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