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HomeMy WebLinkAboutC08-059~' AGREEMENT THIS AGREEMENT is made this 11`t' day of March , 2008, by and between Board of County Commissioners Eagle County, State of Colorado, hereinafter referred to as "Owner", and Elam Construction, Inc., a Corporation of the State of Colorado, hereinafter referred to as "Contractor." In consideration of the mutual covenants, agreements, conditions and undertakings hereinafter specified, Owner and Contractor agree as follows: PART 1. SCOPE OF WORK A. Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary to perform and complete in a workmanlike manner all Work required for the construction of the Project in strict compliance with the Contract Documents as herein defined. PART 2. CONTRACT DOCUMENTS A. The Contract Documents which comprise the entire agreement and contract between Owner and Contractor, and which are attached to this Agreement and are incorporated herein by this reference, consist of: 1. This Agreement and any Addendum thereto; 2. Invitation to Bid 3. Instructions to Bidders; 4. Bid Form; 5. Performance and Warranty Bond; 6. Payment Bond; 7. Escrow Contract and Security Agreement; 8. Notice of Award; 9. Notice to Proceed; 10. Certification Statement Regarding Illegal Aliens (included in Bid Form); 11. Drawings, consisting of sheets number A01 through X74; 12. Specifications; 13. Addendum No(s). 1 & 2 to Plans/Specifications, if applicable; AGREEMENT Page 1 of 8 ~` 14. General Conditions and Supplementary Conditions, if any; 15. Any modifications, Change Orders, Field Orders or other such revisions properly authorized after the execution of this Agreement; 16. Documentation submitted by Contractor with Bid and prior to Notice of Award; 17. Contractor's Bid (pages 1 to 28, inclusive), marked Exhibit A; 18. Shop drawings and other submittals furnished by Contractor during performance of the Work and accepted in writing by Owner; 19. Public Notice (Final Settlement) B. There are no Contract Documents other than those listed above in this Part 2. The Contract Documents supersede all prior Agreements and understandings, if any, and may only be altered, amended or repealed by a Modification (as defined in the General Conditions). PART 3. ENGINEER A. The Project has been designed by Carter & Burgess, Inc.(the "Engineer"), who is to act as Owner's representative, and who will assume all duties and responsibilities, and who will have the rights and authority, assigned to Engineer in the Contract Documents, unless the Owner shall appoint, in writing, a replacement Engineer or unless the Owner shall appoint in writing a different representative. PART 4. AGREEMENT PRICE A. Owner shall pay Contractor for the performance of Work and completion of the Project the total price of Three Million. Two Hundred and Ei~ty Thousand. Nine Hundred and One Dollars and Sixt,~--five Cents ($3,280,901.65) in accordance with the Contract Documents. The Agreement Price shall be subject to adjustment for changes in the Drawings and Specifications or for extensions of time to complete performance, if approved by Owner and Contractor as hereinafter provided, and for changes in quantities, if bid on a unit-price basis in the Bid Form, which shall be verified by the Engineer. PART 5. CONTRACT TIME A. Contractor shall commence performance on the Project within ten (10) days after the date of the Notice to Proceed. The Contract Time shall commence on the date of the Notice to Proceed, unless explicitly stated otherwise in the Notice to Proceed. The Work shall be completed according to the following schedule (where number of days equals days from the date of the commencement of the Contract Time): 1. Substantial Completion (ready for Punchlist): 180 days AGREEMENT Page 2 of 8 ~' 2. Punchlist Complete: 15 days B. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if Project is not substantially completed within the time specified in Paragraph A above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the Owner if Project is not substantially completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner in accordance with the following: Late Substantial Completion: $500 per day (ready for Punchlist) 2. Late Punchlist Complete: $300 per day 3. As compensation for expenses incurred for unscheduled employment of the Engineer, the Contractor shall be assessed an additional liquidated damage equal to the expense incurred but not more than $1,350 per calendar day for each day that the work remains uncompleted beyond the contract period. PART 6. PAYMENT PROCEDURES A. Contractor shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed by Engineer as provided in the General Conditions. B. Owner shall make progress payments on account of the Agreement Price on the basis of Contractor's applications for payment, as recommended by Engineer, within forty-five (45) days of Owner's approval of Contractor's pay request. All progress payments will be on the basis of the progress of Project measured by the schedule of values provided for in the General Conditions. If Contractor is satisfactorily performing this Agreement, progress payments shall be in an amount equal to ninety percent (90%) of the calculated value of any Work completed, less the aggregate of payments previously made until fifty percent (50%) of the Work required by this Agreement has been performed. Thereafter, Owner shall pay all remaining progress payments without retaining additional funds, if, in the opinion of the Engineer and Owner, satisfactory progress is being made on the Project. If, in the opinion of Engineer and Owner, satisfactory progress is not being made on the Project, or if claims are filed under Section 38-26-107, Colorado Revised Statutes, as amended, Owner may retain such additional amounts as Owner may deem reasonably necessary to assure completion of the Work, or to pay such claims and any engineer's and attorney's fees reasonably incurred or to be incurred by Owner in defending or handling such claims. The withheld percentage of the Agreement Price shall be retained until the Project is completed satisfactorily and finally accepted by Owner in AGREEMENT Page 3 of 8 accordance with the provisions of the Contract Documents. Progress payments shall not constitute final acceptance of Work. 2. Payments will not be made for materials stored off-site (unless otherwise provided by Addendum or Change Order), but will be made for materials stored on-site. Contractor will remain responsible for security of the materials and the replacement at Contractor's sole cost of material lost, damaged, destroyed or stolen. C. Owner shall make final payment, including release of retainage, to Contractor as recommended by Engineer, and in accordance with the Contract Documents and Section 38-26-107, C.R.S. PART 7. INDENINIFICATION A. To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER, and their agents and employees, from and against all claims, damages, losses, and expenses including, but not limited to, attorney's fees arising out of, or resulting from, the performance of the work, provided that any claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (b) is caused, in whole or in part, by any negligent act or omission of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them maybe liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Nothing in this contract shall be interpreted that the OWNER waives its sovereign immunity granted under C.R.S 24-10-105. B. In any and all claims against OWNER or ENGINEER, or any of their agents or employees, by any employee of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them maybe liable, the indemnification obligation under paragraph 7A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any subcontractor under worker's or workmen's compensation acts, disability benefit acts, or other employee benefit acts. C. The obligation of CONTRACTOR under paragraph 7A shall not extend to the liability of ENGINEER, his agents, or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications. PART 8. CONTRACTOR'S REPRESENTATIONS A. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 1. Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and Federal, state and AGREEMENT Page 4 of 8 local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of Project. 2. Contractor has carefully studied the site, and has performed all necessary investigations, tests, and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. 3. Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Agreement Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are or will be required by Contractor for such purposes. 4. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 5. Contractor has given Engineer written notice of .all conflicts, errors or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. PART 9. OWNER'S REPRESENTATIONS A. Owner makes the following representations: 1. Owner has appropriated money equal to or in excess of the Agreement Price. 2. Owner, by issuing any Change Order or other form of order or directive requiring additional compensable work to be performed by Contractor, which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement Price, represents to Contractor that lawful appropriations to cover the costs of the additional work have been made. PART 10. MISCELLANEOUS A. Terms used in this Agreement which are defined in Part 1 of the General Conditions shall have the meanings indicated in the General Conditions. B. Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of Owner, specifically including, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the AGREEMENT Page 5 of 8 L~ 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. The terms of this Agreement, and all covenants, agreements, and obligations contained in the Contract Documents shall inure to and be binding upon the partners, legal representatives, successors, heirs, and permitted assigns of the parties hereto. C. If any term, section or other provision of the Contract Documents shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section or other provision shall not affect any of the remaining provisions of the Contract Documents, and to this end, each term, section and provision of the Contract Documents shall be severable. D. No waiver by either party of any right, term or condition of the Contract Documents shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of the Contract Documents. E. None of the remedies provided to either party under the Contract Documents shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party may then be entitled. Every obligation assumed by, or imposed upon, either party hereto shall be enforceable by any appropriate action, petition or proceeding at law or in equity. In addition to any other remedies provided by law, the Contract Documents shall be specifically enforceable by either party. The Contract Documents shall be construed in accordance with the laws of the State of Colorado, and particularly those relating to governmental contracts. F. This Agreement maybe executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. G. This Agreement, together with the other Contract Documents, constitutes the entire Agreement between the parties concerning the subject matter herein, and all prior negotiations, representations, contracts, understandings or agreements pertaining to such matters are merged into, and superseded by, the Contract Documents. H. In the event any provision of this Agreement conflicts with any provision of any other Contract Document, then the provisions of this Agreement shall govern and control such conflicting provisions. I. Unless otherwise expressly provided, any reference herein to days shall mean calendar days. All times stated in this Agreement and the other Contract Documents are of the essence. J. The section headings in this Agreement and in the other Contract Documents are inserted for convenience and are not intended to indicate completely or accurately the contents of the Sections they introduce, and shall have no bearing on the construction of the Sections they introduce. AGREEMENT Page 6 of 8 r K. The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the Parties to this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. L. By execution of this Agreement, the undersigned each individually represent that he or she is duly authorized to execute and deliver this Agreement and that the subject Party shall be bound by the signatory's execution of this Agreement. M. This Agreement maybe executed in two or more counterparts ,each of which shall be an original, but all of which together shall constitute one and the same instrument. [The Remainder of this Page Is Intentionally Left Blank] AGREEMENT Page 7 of 8 ,' IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Attest: of County Commissioners STATE OF COLORADO COUNTY OF Mesa OWNER COUNTY OF EAGLE, STATE OF COLORADO By and Throu Its BOARD OF COUNTY COMMISSIONERS By ~~ J Cha' an CONTRACTOR Elam Construction, Inc. By Title: Stephen J. Kaspar, President Address: 556 Struthers Avenue Grand Junction, Colorado 81501 Phone: 970-242-5370 LICENSE NO: 4151 Business, 4312 Contractors AGENT FOR SERVICE OF PROCESS: Harold F. Elam ss. The foregoing Agreement was acknowledged before me this 29th day of February ,2008 by Stephen J. Kaspar as President Elam Construction. Ina. ~`-' >Y P(/ ..... e< ,~ .. Witness my hand and official seal. J My commission expires: 10 / 6 / 11 r`: gp,FtAH E. ~~ :~ FEES • _ --' " ~ ~. i AGREEMENT Page 8 of 8 (SEAL) ._.~ HRH. hilb rogal & hobbs' 720 S. Colorado Blvd., Ste. 600N P.O. Box 469025 Denver, CO 80246 © 303-722-7776 303-722-8862 vaww.hrh.com **********IMPORTANT********** Please note that we have not dated the bonds or the Powers of Attorney. The copy of the contract we received was not dated, and as the bonds guarantee the contract they should not be dated prior to the contract date. We would not want this technicality to impede upon your rights to claim under the bond, should such a circumstance arise. Please accept this letter as authorization to date the enclosed Bonds and Powers of Attorney and Jurat, concurrently with the contract date. If you should have any questions regarding this letter, please feel free to contact our office. Thank you ,/J THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 6479436 AIA Documenf A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Elam Construction, Inc. 556 Struthers Avenue Grand Junction, CO 81501-3826 OWNER (Name and Address): Board of County Commissioners Eagle County, State of Colorado SURETY (Name and Principal Place of Business): Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 500 Broadway Eagle, CO 81631 CONSTRUCTION CONTRACT Date: Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Description (Name and Location): Improvements to Cooley Mesa Road BOND Date (Not earlier than Construction Contract Date): Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Modifications to this Bond: ®None ^ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Elam Construction, Inc. Signature: Name and itle: Stephen Kaspar, CEO (Any additional signatures appear on page 3) (Corporate Seal) Safeco Ins rance Company of America Signature: ` Name nd T le T' Fa y McGonigl , orr ey-in-Fact (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party) HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 303-722-7776 ' AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1884 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312.1984 1 THIRD PRINTING • MARCH 1987 Bond No. 6479436 i The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner for the performance of IhcConstruciion Contract, which is iruorporated herein by reference. 3 tf 1he Contractor pe:forms the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 tf there is no Owner Default, the Surety's obligation under this Bond shalt arise after: 3.i The O+vner has notified the Contractor and the Surety at its address described in Paragraph it) below that the O+vner is considering declaring a Contractor Default and has requested and attempted to arrange a eonference +vith the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to d'oscuss methods of performing the Construc- tion Contract. if the Owner, the Contractor and the Surety agree, the Contractor shall be allrnved a reason- able time to perform the Construction Contract, but such act agreement shall not waive the O+vner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the contractor's right to complete the contras. Such Contractor Default shall not be de- claredearlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.i; and 3.3 The O-vner has agreed to pay the @atance of the Contract Price to the Surety in accordance wish the terms of the Construction Contract or to a contractor selected to periormthe Construction Contract inactor- dante with the terms of the contract with the Owner. 4 When the Owner has satisfied the Conditions of Para- graph 3, the Surety shat! promptly and at the Surety's ex- pense talcs one of the following actions: a,i Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc• lion Contract itself, through its agents or through inde- pendent contractoes; or 4.3 Obtain bids or negotiated proposals from qualified contractors acteptable to the Owner for a contract for performance and completion of the Con- struction Contras, arrange for a contras to be pre- pared for execution by the Owner and the contrasor selected with the Owner's concurrence, to be secured wish performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the O+vner the amount of damages as described in Paragraph 6 in ex- Less ofthe Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange Tor completion, or obtain a new Contractor and with reasonable promptness under the circumstances: .i After investigation, determine the amount for AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 which it may be liable to the O++•ner and, as soon as practicable afar the amount Is deter- mined, tender payment therefor to the Owner; or .2 t?eny tiabllity in whole or in part and notify the Owner citing reasons therefor. S 1f the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this t3ond fifteen days after receipt of an additional written notice from fhe O+vner to the Surety demanding that ilte Surety perform its obligations under this Bond, and the O+vner shat) be entitled to enforce any remedy available to the Owner. Ii the Surety proceeds as provided to Subparagraph A-4, and the Owner refuses the payment tendered or Nte Surety has denied I+ability. in whole grin part,-vithout further notite the Owner shall be entitled to enforce any remedy available to the O+vner- 6 Alter the Owner has terminated the Contractor's right to complete the Construction Contract, and it the Surety elects to act under Subparagraph 4,i, 4.2, or 4.3 above, then fire responsibilities of the Suety to the thvner shall not be greater Ihan those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shalt not be greater than those of the O-vner under the Construction Contract. To the (imii of the amount of this @ond, but subject to cammilment by the O+vner oT the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of detective wor& and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contrasor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Uquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-per~or- mance of the Contresor. 7 The Surety shalt not be liable to the Owner or others for Obligationsof the Contractor that are unrelated to the Con- strusion Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. Mo right of action shall accrue on this Bond to any person or entity athe: than the Owner or its heirs, executors, administrators or successor. 8 The Surety hereby waives notite of any change, includ- ing changes of time, to the Construction Contract or ro related subconlracls, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this @ond may be instituted in any court of competent jurisdiction in the location in+sfiich thework or part of thework is located and shall be instituted within t+vo years after Contractor Default or within two yeah after the Contractor teased working or within ttivo years after the Surety refuses or fails !o perform its obligations under this Band, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited bylaw, the minimum period of limitation avait- A312-19134 2 THIRD PRINTING. MARCH 1987 Bond No. 6479436 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shat! be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by ail valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 1Z DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 3 THIRD PRINTING • MARCH 1987 Bond 6479436 PAYMENT BOND Conforms with The American Institute of Architects AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY: Elam Construction, Inc. 556 Struthers Avenue Grand Junction, CO 81501-3826 Safeco Insurance Company of America Safeco Plaza, Seattle, WA 98185 OWNER (Name and Address): Board of County Commissioners Eagle County, State of Colorado 500 Broadway Eagle, CO 81631 CONSTRUCTION CONTRACT Date: Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Description (Name and Location): Improvements to Cooley Mesa Road BAND Date (Not earlier than Construction Contract Date): Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Modifications to this Bond: ~ None X^ See Page 3 CONTRACTOR AS PRINCIPAL Company: Elam Construction, Inc. Signature: Name and Title: Stephen J. Kaspar, CEO SURETY Safeco Insurance Company of America -. Signature: '~ ~,~ ti' Name d Titl a McGonig v-in-Fact 5EAL (FOR INFORMATION ONLY-Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 303-722-7776 , 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, duectly or indirectly, for all sums due Claimants, and Z.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null Page 1 of 3 S-2149GE 012008 XDP and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor famishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the contractor that are unrelated to the Bond No. 6479436 Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall" have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract:. The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete ar comply with the other terms thereof. S-2149GE 012008 Page 2 of 3 Bond No. 6479436 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Sub paragraph 4.3 is added as follows: 4.3 Claimant has furnished to Surety proof of claim duly sworn to by Claimant, along with adequate supporting documentation which proves the amount claimed is due and payable. Paragraph 5 is amended as follows: 5 If a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Signature: Name and Title: Address: (Corporate Seal) Company: Signature: Name and Title: Address: S-2149GE 012008 Page 3 of 3 S A F E C C~° SAFECO Insurance Company PO Box 94526 ~ Seattle, WA 98124-1528 MAINTENANCE BOND Bond 6479436 KNOW ALL BY THESE PRESENTS, That we, Elam Construction, Inc. 556 Struthers Avenue Grand Junction CO 81501-3826 as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation organized under the laws of the State of VUashington and duly authorized to do business in the State of CO , as Surety, axe held and firmly bound unto Board of County Commissioners Eagle County, State of Colorado 500 Broadway, Eagle, CO 81631 _ as Obligee, in the penal sum of Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 ($ 3,280,901.65 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the Board of County Commissioners Eagle County, State of Colorado dated for Improvements to Cooley Mesa Road WHEREAS, said Contract has been completed, and was approved on day of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guaeantee that the work will be free of any defective materials or workmanship which became apparent during the period of TWO (2) years} following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this day of Elam C tru 'on, Inc. (Seat) By. (Seal) Stephen J. Raspar, CEO (Seal) SAFECO INSURANCE COMPANY OF AMERICA By C11Rd_9/CO FF7 nR1n le, v Attorney-in-Fact FRP ,~ POWER ~ OF ATTORNEY KNOW ALL BY THESE PRESENTS: Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 No. 2120 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does each hereby appoint ***-*******FLORIETTA ACOSTA; DONALD E. APPLEBY; GLORIA C. BLACKBURN; DILYNN GUERN; SUSAN J. LATTARULO; TIFFANY MCGONIGLE; KEVIN W. MCMAHON; FRANK C. PENN; J. R. RICHARDS; JAMES S. ROSULEK; MARK SWEIGART; Denver, Colorado***'*~*****'*******'E*-~-~'*'**************_-.~.,~.,~.____-___~.~*.~-,,.~~.,~,~.~~*,~*~.~.~-,F,~. its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this Sth day of November 2007 STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of ' ~,~~`o~ Rar~y~o~ SJ~P~CE CpMpq~o ~ ~' CORPORATE '" f ~ SEAL ~ SEAL T ~~~ a-~~ y >K ~~lF ~ ~~ ~~f` 19Z ~~~~ STEPHANIE DALEY-WATSON, SECRETARY awns Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF THE AMERICAN INSTITUTE OF ARCHITECTS ;~ Bond No. 6479436 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Elam Construction, Inc. 556 Struthers Avenue Grand Junction, CO 81501-3826 OWNER (Name and Address): Board of County Commissioners Eagle County, State of Colorado 500 Broadway Eagle, CO 81631 SURETY (Name and Principal Place of Business): Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 CONSTRUCTION CONTRACT Date: Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Description (Name and Location): Improvements to Cooley Mesa Road BOND Date (Not earlier than Construction Contract Date); Amount: $3,280,901.65 Three Million Two undyed Eighty Thousand Nine Hundred One Dollars and 65/100 Modifications to this Bond: ®None ^ See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Elam Construction, Inc. Signature: Name and Title: 'Stephen J. Kaspar, CEO (Any additional signatures appear on page 3) SURETY Company: (Corporate Seal) Safeco Ins rance Company of America Signature: ~ t Name and e ~ a y McGonigl rn y-in-Fact (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 303-722-7776 OWNER'S REPRESENTATIVE (Architect, Engineer or other party) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1884 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 Bond No. 6479436 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner for the performance of 1heConstructionConfract, which is incorporated herein by reference. Z if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this bond, except to participate in conferences as provided in Subparagraph 3.1. 3 It there is no Owner Default, the Surety's obligation under this Bond shalt arise after: 3.1 The O+vner has notiticd the Contractor and the Surety at its address described in Paragraph 70 betotiv that the O+vner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not Cater than fifteen days after receipt of such notice to doscuss methods of performing the Construc• Lion Contract. tf the Owner, the Contractor and the Surety agree, the Contractor shall be aQrnved a reason- able time to perform the Construction Contract, but such a» agreement shah not waive the O+vner's right, if any, subsequently to declare a Contractor Default; and 3 2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- claredearlier than hventy days after the Contractor and the Surely have received notice as provided in Sub- paragraph 3.7; and S.3 The O+vner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in ac~or~ dance with the terms of the Contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex• pence take one of the following actions: A.i Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itseif, through its agents or through inde• pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract. arrange for a comract to be pre- pared for execution b}• the Owner and the contractor selected with the Owner's contvrrence, to be secured with performance and payment bands executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the O+vner the amount of damages as described in Paragraph 6 in ex- cess ofthe Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which ie may be l;able to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .x Deny liability in whole or in part and notify the Owner tieing reasons therefor. S it the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notite from the O+vner to the Surety demanding that the Surety perform its obligations under this Bond, and the O+vne: shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or dse Surety has denied 1+ability. in whole ar in part, -vihout further notice the Owner shalt be entitled to enforce any remedy available to the O+.°ner. ti After the O+vner has terminated the Contractor's right to complete the Construction Contract, and if the 5uret}' elects to act under Subparagraph 4,'t, 4.2, or d.3 above, then the responsibilities of the Surety to the t?+vner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shalt not be greater than those of the O+vner under the Construction Contracl. To the limit othee amount of this bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of detective worl<and completion of the Construc- tion Contract; 6.2 Additional legal, design pro#essional and delay Costs resuitinp horn the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Uquidated damages. or if no liquidated damages are specified in the Construction Contracl, actual dam- ages Caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obGgationsof the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or see off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any persons or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in wfiich the work or past of the work is located and shall be instituted within t+vo years after Contractor Default or within two }-ears aftea the Contractor teased working or-vithin two years after the Surety refuses or tails to perform its obligations under this Bond, whichever oc- curs fi:st. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 200D8 A312-19t14 2 THIRD PRINTING. MARCH 1987 Bond No. 6479436 able to sureties as a defense in the jurisdiction of the suit shalt be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shalt be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after ail proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. t2.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 3 THIRD PRINTING • MARCH 1987 Bond 6479436 PAYMENT BOND Conforms with The American Institute of Architects AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY: Elam Construction, Inc. 556 Struthers Avenue Grand Junction, CO 81501-3826 Safeco Insurance Company of America Safeco Plaza, Seattle, WA 98185 OWNER (Name and Address): Board of County Commissioners Eagle County, State of Colorado 500 Broadway Eagle, CO 81631 CONSTRUCTION CONTRACT Date: Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Description (Name and Location): Improvements to Cooley Mesa Road BAND Date (Not earlier than Construction Contract Date): Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Modifications to this Bond: ~ None ~ See Page 3 CONTRACTOR AS PRINCIPAL Company: Elam Construction, Inc. Signature• Name and Title: Stephen J . Kaspar, CEO SURETY Safeco Insurance Company of America Signature: Name anal (FOR INFORMATION ONLY-Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 303-722-7776 1 The Contractor and the Surety, jointly and severally, bind from claims, demands, liens or suits by any person or entity themselves, their heirs, executors, administrators, successors and whose claim, demand, lien or suit is for the payment for labor, assigns to the Owner to pay for labor, materials and equipment materials or equipment furnished for use in the performance of famished for use in the performance of the Construction Contract, the Construction Contract, provided the Owner has promptly which is incorporated herein by reference. notified the Contractor and the Surety (at the address 2 With respect to the Owner, this obligation shall be null and described in Paragraph 12) of any claims, demands, liens or void if the Contractor: suits and tendered defense of such claims, demands, liens or 2.1 Promptly makes payment, directly or indirectly, for all suits to the Contractor and the Surety, and provided there is no sums due Claimants, and Owner Default. 2.2 Defends, indemnifies and holds harmless the Owner 3 With respect to Claimants, this obligation shall be null Page 1 of 3 S-2149GE 012008 XDP and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whale or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof; to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety`s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the contractor that are unrelated to the Bond No. 6479436 Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (Z) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Construction contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or- comply with the other terms thereof. S-2149GE 012008 Page 2 of 3 r MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Bond No. 6479436 Sub paragraph 4.3 is added as follows: 4.3 Claimant has furnished to Surety proof of claim duly sworn to by Claimant, along with adequate supporting documentation which proves the amount claimed is due and payable. Paragraph 5 is amended as follows: 5 If a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature• Name and Title: Address: Signature• Name and Title: Address: S-2149GE 012008 Page 3 of 3 S ~ ~ ~ ~ ®e SAFECO Insurance Company PO aox 34526 ~ Seattle, WA 98124-1528 MAINTENANCE BOND Bond 6479436 KNOW ALL BY THESE PRESENTS, That we, Elam Construction, Inc. 556 Struthers Avenue Grand Junction CO 81501-3826 as Principal, and SAFECO INSURANCE COMPANY OF AMERICA a corporation organized under the laws of the State of IMashington and duly authorized to do business in the State of CO , as Surety, are held and firmly bound unto Board of County Commissioners Ea I~ a County, State of Colorado 500 Broadway, Eagle, CO 81631 as Obligee, in the penal sum of Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 ($ 3,280,901.65 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the Board of County Commissioners Eagle County, State of Colorado dated for Improvements to Cooley Mesa Road WHEREAS, said Contract has been completed, and was approved on day of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of Two (2) years} following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this day of Elam Co ruction, Inc. (Seat) By' (Seal) Stephen J. Kaspar, CEO (Seal) INSURANCE COMPANY OF AMERICA By C_AfzARtCA CF4 /If00 Attorney-in-Fact FRP POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 No. 2120 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does each hereby appoint **********FLORIETTA ACOSTA; DONALD E. APPLEBY; GLORIA C. BLACKBURN; DILYNN GUERN; SUSAN J. LATTARULO; TIFFANY MCGONIGLE; KEVIN W. MCMAHON; FRANK C. PENN; J. R. RICHARDS; JAMES S. ROSULEK; MARK SWEIGART; Denver, Colorado***____~..~-,~*,.*~.*.~*~.~*.~~-,~.-~.*,~:.~»,~.*~.**-~~,~.,~.*.~«-~..,~.*.~**~__~~-,E.,~,~. its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5th day of November 2007 STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of ' ~~~' COAlpyy` ~~C~ C~MP9 ~c~l oo~,~~r~ o''. S~~ do SEAL ~ SEAL ~` ~+~~ ~f-~-~ s, x d~r 1953 p~ '~ 192y 1 STEPHANIE DALEY-WATSON, SECRETARY FOP ~~~~` ~1~aWas~~~~ SafecoNJ end the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 6479436 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Elam Construction, Inc. 556 Struthers Avenue Grand Junction, CO 81501-3826 OWNER (Name and Address): Board of County Commissioners Eagle County, State of Colorado 500 Broadway Eagle, CO 81631 SURETY (Name and Principal Place of Business): Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 CONSTRUCTION CONTRACT Date: Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Description (Name and Location): Improvements to Cooley Mesa Road BOND Date (Not earlier than Construction Contract Date): Amount: $3,280,901.65 Three Million Two undyed Eighty Thousand Nine Hundred One Dollars and 65/100 Modifications to this Bond: ®None ^ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Elam Constructio Inc Signature• Name and Title: Stephen J. Kaspar, CEO (Any additional signatures appear on page 3) (Corporate Seal) Safeco Insu nce Company of America (~(~ . Signature: . ~ ' ' Name nd Tit :Ti y cGonigle, r ey in-Fact (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party) HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 303-722-7776 AU\ DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 THIRD PRINTING • MARCH 1987 Bond No. 6479436 4 The Canttattor and the Surety. jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner for the performance of thet;.onstruction Contract, which is irstorporated herein by reference. 2 if the Contractor performs the Construction Contract, the Surety and the Contractor shah have no obligation antler this Band, except to participate in conferences as provided in Subparagraph 3.1. 3 if there is no Owner Default, the Surety's obligation ender this Bond ahatt arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Defacrlt and has requested and attempted to arrange a eonference with the Contractor and the Surety to be held not Later than fifteen days oiler receipt of such notice to discuss methods of performing the Construc- tion Contract. if the Owner, the Contractor and the Surety agree, the Contractor shall be allrnved a reason- able time to perform the Construction Contract, but such an agreement shalt not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's tight to complete the contract. Such Contractor Default shad not be de- daredearlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.7; and 3~.3 The (ywnet has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contratror selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner, 4 When the Owner has satisfied the conditions od Para- graph 3, the Surety shall promptly and at the Surety's ex- pense lefts one of the following aetions: ~.f Arrange for the Contractor, with consent of the Ownet, to perform and compiete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde• pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors aeceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and pa}hrsenl bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contrast, and pay to the Owner the amount of damages as described in Paragraph 6 in ex~ cess of the Balance of tits Contract Price incurred by the Owner resulting tram the Contractor's default: or 4.4 Waive its right to perform and complete, arrange tot completion, or obtain a nets contractor and with reasonable promptness under the circumstances: .7 After investigation, determine the amount fur vrhich it may be Fable to the OKmer and, as soon as practicable afar the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notiiy the Oovner citing reasons therefor. S It the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shag be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Otivner to the Surety demanding that the Surety p>rrform its obligations under this Bond, and the Owner shat) be entitled to enforce any remedy available to the (htner. If the Surety proceeds as provided in Subparagraph 4,4, and the O+vner refuses the payment tendered or the Surety has .denied liability, in whole or in part. -wihout further notice the Owner shalt be entitled to enforce any remedy available to the O~°ner. ti After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surely elects to act under Subparagraph 4,7, 4.2, or 4.3 above. then the responsibilities of the Suety to the O+vner shall not be greater Ihan those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shalt not be greater than those of the O+vner under the Construction Contrac 1. To the limit of the amount of this bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure• ty is obligated without duplication for: 6.1 The responsibilities of the Contractor tar correc- tion ofdetective work and Completion of the Construc- tion trontractj 6.2 Additional legal, design professional and delay costs resulting front the Contractor's Default, and rr- sutting from the actions or lettuce to act of the Surety under Paragraph ~0; and 6,3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shalt not be liable to the Owner or others for obligationsof the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contraq Price shall not be reduced or set off on savant of any Bach unrelated obligations. t+to right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successor. 8 The Surety hereby waives notice of any change. includ- ing changes of time, to the Construction Contract yr to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this bond maybe instituted in any coon of competent jurisdiction in the location in a~llich thework or part of thetivork is located and shall be instituted within t-vo years after Contractor Default or within Nvo }°ears after the Contractor erased working or within t>,vo years after the Surety refuses or tails to perform its obligations urscter this Bond. whichever oc- curs first. If the provisions of this Paragraph are void or prohibited bylaw, the minimum period of limitation avait- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 7984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 as~z-~9s4 z THIRD PRINTING. MARCH 1987 Bond No. 6479436 able to sureties as a defense in the jurisdiction of the suit shalt be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 1i When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. i2 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after aU proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.19t34 3 THIRD PRINTING • MARCH 1987 Bond 6479436 PAYMENT BOND Conforms with The American Institute of Architects AIA Document A312 Any singular reference to Contractor, Surety,_ Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY: Elam Construction, Inc. 556 Struthers Avenue Grand Junction, CO 81501-3826 Safeco Insurance Company of America Safeco Plaza, Seattle, WA 98185 OWNER (Name and Address): Board of County Commissioners Eagle County, State of Colorado 500 Broadway Eagle, CO 81631 CONSTRUCTION CONTRACT Date: Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Description (Name and Location): Improvements to Cooley Mesa Road BOND Date (Not earlier than Construction Contract Date): Amount: $3,280,901.65 Three Million Two Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 Modifications to this Bond: ~ None ~ See Page 3 CONTRACTOR AS PRINCIPAL Company: Elam Construction, Inc. Signature: Name and Title: Stephen J. Kaspar, CEO SURETY Safeco Insurance Company of America Signature: ~ -VIVY~t Name and Ti : ff n I McGonigle, 5EAL OF (FOR INFORMATION ONLY-Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 303-722-7776 , 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment famished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, duectly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null Page 1 of 3 S-2149GE 012008 XDP and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have famished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice famished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the contractor that are unrelated to the Bond No. 6479436 Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Construction contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract:. The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or- comply with the other terms thereof. S-2149GE 012008 Page 2 of 3 Bond No. 6479436 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Sub paragraph 4.3 is added as follows: 4.3 Claimant has furnished to Surety proof of claim duly sworn to by Claimant, along with adequate supporting documentation which proves the amount claimed is due and payable. Paragraph 5 is amended as follows: 5 If a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make an;angements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: S-2149GE 012008 Page 3 of 3 SAFECO Insurance Company ~~ S A F E C O° PO Box 34528 ~ Seattle, WA 9$724.1528 MAINTENANCE BONA Bond 6479436 KNOW ALL BY THESE PRESENTS, That we, Elam Construction, Inc. 556 Struthers Avenue Grand Junction CO 81501-3826 as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation organized under the laws of the State of IAlashington and duly authorized to do business in the State of CO as Surety, are held and finely bound unto Board of County Commissioners Eagle County, State of Colorado 500 Broadway, Eagle, CO 81631 as Obligee, in the penal sum of Three Million Two,Hundred Eighty Thousand Nine Hundred One Dollars and 65/100 ($ 3,280,901.65 ) to which payment wail and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the Board of County Commissioners Eagle County, State of Colorado dated for Improvements to Cooley Mesa Road WHEREAS, said Contract has been completed, and was approved on day of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of Two~2) year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this day of Elam Co struction, Inc. (Seal) By' (Seal) Stephen J. Kaspar, CEO (Seal) INSURANCE By R11Rd~/CO FF7 eras Attorney-in-Fact FRP POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 No. 2120 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does each hereby appoint **********FLORIETTA ACOSTA; DONALD E. APPLEBY; GLORIA C. BLACKBURN; DILYNN GUERN; SUSAN J. LATTARULO; TIFFANY MCGONIGLE; KEVIN W. MCMAHON; FRANK C. PENN; J. R. RICHARDS; JAMES S. ROSULEK; MARK SWEIGART; Denver, Colorado~*,~****~~***~*~*~*******~,~****~~*-~•~*«~*.~~-..**~~~**~**~**~ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5th day of November 2007 STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of ' ~~~' ~M°9y` ACE CQMpA a~ ~oc~oRar~ o~ ~SJ~ do ~ ~ CORPORATE '" ~ SEAL ~ SEAL T ~~~Pa~~~ ~f-t~ y x ~~tF ~ SAS ~~ ~,~f` l g2 ~~~~ STEPHANIE DALEY-WATSON, SECRETARY awe Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. S-0974lDS 4/05 WEB PDF Client#: 51835 BELAMCON ACORN CERTIFICATE OF LIABILITY INSURANCE oti;5 8°'""""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 720 South Colorado Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600N Denver, CO 80246 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER a Travelers Property Casualty Company 36161 Elam Construction, Inc. INSURER B: Travelers Insurance 39357 556 Struthers Avenue INSURER C: Grand Junction, CO 81501-3826 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MlDD POLICY EXPIRATION DATE M/DD LIMA p GENERAL LIABILITY C0325D667ATIL 12/03/07 10/01/08 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ~. o0 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $5 ~()0 Add'I Ins End PERSONAL & ADV INJURY $1 OOO OOO CG D2 46 OS 05 GENERAL AGGREGATE $2 OOO 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 OOO 000 POLICY X PRO LOC JECT A AUT OMOBILE LIABILITY 810325D667ATIL 12/03/07 10/01/08 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,0()0,0()0 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accdent) $ PROPERTY DAMAGE (Per accident) $ GARAGE LU\BILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ AUTO ONLY: AGG $ B EXCESSJUMBRELLA LIABILITY CUP325D667ATIL 12/03/07 1 O/O1 /08 EACH OCCURRENCE $$ OOO OOO X OCCUR ~ CLAIMS MADE AGGREGATE $$ OOO 000 DEDUCTIBLE $ X RETENTION $ 1 O OOO $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L DISEASE -POLICY LIMIT $ OTHER DESCRIPT10N OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECUIL PROVISIONS Per Project Aggregate Endorsement only applies when required by written contract Project Description: Cooley Mesa Rd (See Attached Descriptions) Eagle County P.O. Box 500 Eagle, CO 81631 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Rn* DAYS WRITTEN :E TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 3 #S573155/M565287 8SROB O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #S573155/M565287 DESCRIPTIONS (Continued from Page 1 ~ The following are Additional Insureds as respects General Liability only if required by written contract and coverage applies only as respects ongoing operations pertormed by the Insured for the Additional Insureds. All coverage terms, conditions and exclusions of the policy apply. Additional Insureds: Eagle County The General Liability coverage is Primary and Non Contributory per the policy terms & conditions only if required by written contract. The General Liability policy includes a Waiver of Subrogation in favor of the Additional Insureds only if required by written contract. The Additional Insured endorsement which is referenced above under "Type of Insurance-General Liability" is attached. This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. "The following cancellation conditions always apply: -10 days for non-payment of premium - If policy shown,l0 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance AMS 25.3 (2001/08) 3 of 3 #S573155/M565287 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for "bodily injury", "properly damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or.organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III --Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, ~ shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: r CG D2 46 08 05 Page 1 of 2 a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notifir us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnify of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "properly damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D2 46 08 05 Page 2 of 2 N Client#: 51835 BELAMCON ACORN CERTIFICATE OF LIABILITY INSURANCE °"Y"'' oti,5 8 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 720 South Colorado Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600N Denver, CO 80246 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casualty Company 36161 Elam Construction, Inc. INSURER B: Travelers Insurance 39357 556 Struthers Avenue INSURER C: Grand Junction, CO 81501-3826 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LTR p~R TYPE OF INSURANCE POLICY NUMBER DATE M/DD DATE M/DD LIMITS A GENERAL LIABILITY C0325D667ATIL 1?J03/07 10/01/08 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $,300 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $5 000 Add'I Ins End PERSONAL & ADV INJURY $1 O00 O00 CG D2 46 OS 05 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 OOO OOO POLICY )( PRO LOC JECT A AUTOMOBILE uABILJTY 810325D667ATIL 12/03/07 10/01/08 COMBINED SINGLE LIMIT (ES accident) $1 ~~~~~~~~ X ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-0WNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ AUTO ONLY: AGG $ B EXCESSJUMBRELLA LUIBILITY CUP325D667ATIL 12/03/07 10/01/0$ EACH OCCURRENCE $8 OOO OOO X OCCUR ~ CLAIMS MADE AGGREGATE $$ OOO OOO DEDUCTIBLE $ X RETENTION $ 1 O 000 $ WC STATU- OTH- WORKERS COMPENSATION AND , EMPLOYERS' LUlBILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED9 E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Per Project Aggregate Endorsement only applies when required by written contract Project Description: Cooley Mesa Rd (See Attached Descriptions) Carter & Burgess, Inc. 70717th Street, Suite 2300 Littleton, CO 80127 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~n* DAYS WRITTEN :E TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 3 #S573157/M565287 SSROB O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 3 #S573157/M565287 DESCR1PTlONS (Continued from Page '1) The following are Additional Insureds as respects General Liability only if required by written contract and coverage applies only as respects ongoing operations performed by the Insured for the Additional Insureds. All coverage terms, conditions and exclusions of the policy apply. Additional Insureds: Carter & Burgess, Inc The General Liability coverage is Primary and Non Contributory per the policy terms & conditions only if required by written contract. The General Liability policy includes a Waiver of Subrogation in favor of the Additional Insureds only if required by written contract. The Additional Insured endorsement which is referenced above under "Type of Insurance-General Liability" is attached. This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. 'The following cancellation conditions always apply: -10 days for non-payment of premium - If policy shown, l0 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance AMS 25.3 (2001/08) 3 of 3 #S573157/M565287 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a) Onfy with respect to liability for "bodily injury", "property damage" or "personal injury'; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or.organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III -Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, ~ shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: CG D2 46 08 05 Page 1 of 2 r a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: 1. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D2 46 08 05 Page 2 of 2 his certificate is executed by Liberty Mutual Insurance Gmup as respects such insurance as is afforded by those companies. BM0068 Certifcate of Insurance This certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policies listed below. This is to certify that (Name and address of Insured) ELAM CONSTRUCTION INC AND ELAM PAVING INC 556 STRUTHERS AVENUE GRAND JUNCTION, CO 81501 is, at ttte issue date of this ceifcate, insu is not altered by anv rertuirement, term or Ex iration T e Continuous* Extended X Policy Term Workers Compensation 07/01/2007/07/01/2008 I WC7-19118482-017 General Liability Claims Made Occurrence Retro Date Automobile Liability Owned Non-Owned Hired ~~ their terms, exclusions and condifions and Limits of Liabili Coverage afforded under WC law of Employers Liability the fouowing states: Bodily Injury By Accident co $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person General Aggregate-Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Per Occurrence Personal and Advertising Injury Per Person / Other Liability Other Liability Each Accident -Single Limit - B. I. and P. D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence THIS INSURED'S GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES ARE NOT WITH LIBERTY MUTUAL. - RE: COOLEY MESA ROAD. WC WAIVER OF SUBROGATION: CARTER & BURGESS, INC., THE OWNER, THE ENGINEER AND THEIIt SUBCONSULTANTS, EMPLOYEES, OFFICERS AND DIRECTORS (PER W0000313 ENDORSEMENT). C O M M E N T S Notice of cancellation: (not applicable unless a number of days is entered below) . Before the stated expiration date the company will not cancel or reduce the insurance afforded order the above poFicies until az least 30 days notice of such cancellation has been mailed to: Office : ENGLEWOOD, CO Phone: 303-799-0818 Certificate Holder: CARTER & BURGESS, INC. 707 17TH STREET SUITE 2300 DENVER, CO 80127 r MELISSA SAPP Date Issued: 02/13/2008 Prepazed By: DH his certificate is executed by Liberty Mutual Insurance Group as respects such insurance as is afforded by those companies. BM0068 Certificate of Insarance I7tis certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend, or alter the coverage tfforded by the policies listed below. Thls is to certify that (Name and address of Insured) ELAM CONSTRUCTION INC AND ELAM PAVING INC 556 STRUTHERS AVENUE GRAND JUNCTION, CO 81501 is, at the issue date of this certiacate, test is not altered by anY requirement, term or E iration T e Continuous* Extended X Policy Term Workers Compensation General Liability Claims Made Occurrence Retro Date Bodily Injury and Property Damage Liability ~ Per Personal and Advertising Injury ~ Per Person / Libel ran to all their terms, exclusions and conditions and Other Liability Automobile Liability Owned Non-Owned Hired Other Liability Each Accident -Single Limit - B. I. and P. D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence THIS INSURED'S GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES ARE NOT WITH LIBERTY MUTUAL. - RE: COOLEY MESA ROAD. WC WAIVER OF SUBROGATION: EAGLE COUNTY, THE OWNER, THE ENGINEER AND THEIR SUBCONSULTANTS, EMPLOYEES, OFFICERS AND DIRECTORS (PER W0000313 ENDORSEMENT). C O M M E N T S rvonce or canceuanon: Inot epputaote umess a ¢umoer of nays is enrerea oetowl . rserore me stereo exp¢anon ¢ate me company wtu not wncet or ttpttce me tmwautx auuruw uuucr rue awvc policies tmtil at least 30 days notice of such cancellation has been mailed to: Office : ENGLEWOOD, CO Phone: 303-799-0818 Certificate Holder: EAGLE COUNTY PO BOX 500 EAGLE, CO 81631 under the policy(ies) listed below. The insurance afforded by the listed pot pact or other document with respect to which this certificate maybe issued. Products/Completed Operations Aggregate 07/01/2007 / 07/01/2008 WC7-191-418482-017 Coverage afforded ender WC law of Employers Liability the following states: Bodily Injury By Accident co $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person General Aggregate-Other than Prod/Completed Operations ~~ ~, ~ ~:. -~ !a MELISSA SAPP Date Issued: 02/13/2008 Prepazed By: DH 1 t BID FORM To: Board of County Commissioners PROJECT: Eagle County Improvements to Cooley Mesa Road ' 500 Broadway Eagle, CO 81631 Attn: Rick LTilom THE UNDERSIGNED BIDDER, having familiarized himself with the Work required ' by the Contract Documents, the site where the Work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the Work, ' HEREBX PROPOSES AND AGREES, if this Bid is accepted, to enter into Agreement in the form attached, to perform all Work, including the assumption of all obligations, duties and ' responsibilities necessary to the successful completion of the Agreement and the fiunishing of materials and equipment required to be incorporated in and form a permanent part of the Work, tools, equipment, supplies, transportation, facilities, labor, superintendence and services required ' to perform the Work; and Bond, insurance and submittals; all as indicated or specified in the Contract Documents to be performed or fiunished by Contractor in accordance with the lump sum and unit prices shown in the attached bid schedules with Total Bid Prices shown below ' (Contractor must submit on Base Bid Schedules I -III and Bid Alternate Schedule I to be considered). t A. TOTAL BASE~/BID /PRICE -Schedule I_:/ ~~ QQ` y ~J / 'Ne~/~lYJ. TN-d ~{L,,,~~~G=.~•54~i ~+<4 a v' ~?r 'f/(~~ D~ll~ (w ~G.C.G~~ _ ®~~)• /'7 rt ~-j rrf J ' B. TOTAL BASE BID PRICE -Schedule II: C. TOTAL BASE BIpD PRICE -Schedule III: ~.-il~~/off .~'.t~y.,r.~~'rc~T~/~f~ %~..o ~' ~f j er'+~ Dollars ($ / po~~ .S6 D. TOTAL BID ALTERNATE IPRICE - Schedule I ,,yy Twv/yJ ~//~-~ ~ ~~~ ./.,,~Si~~ ~ti ~« -~. ,%..~~~ ~ ~D611ars ($ .2. S~/f G,~). /S ~~~~~~ T,,.- ~ ~~ .,.~~%'ff, Srx s 2r r ~ ~~ -,~s Dollars ($ 72. Ds~ ). o0 BID FORM Page 1 of 9 SCHEDULE I BID PROPOSAL -BASE BID Item No. Descri tion Units Estimated Quantity Unit Price Total 201 CLEARING AND GRUBBING LS 1 $ 22,250.00 $ 22,250.00 202 REMOVAL OF PIPE LF 132 $ 22.50 $ 2,970.00 202 REMOVAL OF END SECTION EA 0 $ $ 0.00 202 REMOVAL OF SIDEWALK SY 105 $ 24.00 $ 2,520.00 202 REMOVAL OF CURB AND GUTTER LF 252 $ 10.00 $ 2.520.00 202 REMOVAL OF CONCRETE PAVEMENT SY 0 ;. `~ O.i)0 202 REMOVAL OF ASPHALT MAT SY 12,075 $ 1.55 $ 18,716.25 202 REMOVAL OF ASPHALT MAT (PLANING) SY 715 $ 13.50 $ 9,652.50 202 REMOVAL OF GROUND SIGN EA 0 w $ 0.00 203 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 14,150 $ 11.50 $ 162,725.00 203 OVEREXCAVATION CY 1,000 $ 58.00 $ 58,000.00 203 GEOTECHNICAL TEST EA 20 $ 2,385.00 $ 47,700.00 203 POTHOLING HR 40 $ 195.00 $ 7,800.00 203 PROOF ROLLING HR 20 $ 142.00 $ 2,840.00 207 TOPSOIL CY 2,980 $ 7.50 $ 22,350.00 208 EROSION LOG (12 INCH) LF 290 $ 4.50 $ 1,305.00 208 SILT FENCE LF 3,946 $ 1.00 $ 3,946.00 208 STORM DRAIN INLET PROTECTION EA 21 $ 165.00 $ 3,465.00 208 CONCRETE WASHOUT STRUCTURE EA 1 $ 2,050.00 $ 2,050.00 208 STABILIZED CONSTRUCTION ENTRANCE EA 1 $ 1,500.00 $ 1,500.00 208 EROSION CONTROL SUPERVISOR DAY 80 $ 20.00 $ 1,600.00 210 RESET LIGHT STANDARD EA 4 $ 13,000.00 $ 52,000.00 210 RESET SIGN PANEL EA 12 $ 38.50 $ 462.00 210 RESET VEHICLE DETECTION SYSTEM LS 0 $ $ Q00 210 ADJUST MANHOLE EA 3 $ 1,100.00 $ 3,300.00 210 ADJUST VALVE BOX EA 5 $ 275.00 $ 1,375.00 210 CONNECT TO EXISTING STRUCTURE EA 4 $ 1,100.00 $ 4,400.00 210 CONNECT TO EXISTING 60" CMP PIPE EA 1 $ 2,750.00 $ 2,750.00 212 SEEDING (NATIVE) ACRE 5.54 $ 900.00 $ 4,986.00 213 MULCHING (WEED FREE) ACRE 5.54 $ 725.00 $ 4,016.50 304 AGGREGATE BASE COURSE (CLASS 6) TON 10,583 $ 24.00 $ 253,992.00 403 HOT MIX ASPHALT (PATCHING) (ASPHALT) TON 3 $ 275.00 $ 825.00 403 HOT MIX ASPHALT (GRADING SX) (75)(PG 58-28) TON 7,717 $ 68.50 $ 528,614.50 BID SCHEDULE Add. #2 - 01/25/2008 SCHEDULE I BID PROPOSAL -BASE BID Item No. Description Units Estimated Quantity Unit Price Total 411 EMULSIFIED ASPHALT (SLOW-SETTING) GAL 2,328 $ 3.00 $ 6,984.00 412 CONCRETE PAVEMENT (6 INCH) SY 138 $ 55.00 $ 7,590.00 420 GEOTEXTILE (EROSION CONTROL) (CLASS A) SY 90 $ 31.00 $ 2,790.00 506 RIPRAP (9") CY 40 $ 115.00 $ 4,600.00 601 CONCRETE CLASS B CY 0 $ ' $ 0.00 602 REINFORCING STEEL LB 0 S $ 0.00 603 48" REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 0 a S 0.00 603 48" REINFORCED CONCRETE END SECTION EA 0 $ 5 0,04 603 18 INCH STEEL END SECTION EA 4 $ 275.00 $ 1,100.00 603 24 INCH STEEL END SECTION EA 4 $ 330.00 $ 1,320.00 603 18 INCH PLASTIC PIPE LF 652 $ 60.50 $ 39,446.00 603 24 INCH PLASTIC PIPE LF 1,882 $ 72.00 $ 135,504.00 604 INLET TYPE R L 5 (5 FOOT) EA 12 $ 7,200.00 $ 86,400.00 604 INLET TYPE R L 5 (10 FOOT) EA 1 $ 9,200.00 $ 9,200.00 604 INLET TYPE R L 10 (5 FOOT) EA 2 $ 10,000.00 $ 20,000.00 606 GUARDRAIL TYPE 3 (6-3 POST SPACING) LF 400 $ 16.75 $ 6,700.00 606 END ANCHORAGE TYPE 3D F~1 2 $ 800.00 $ 1,600.00 606 END ANCHORAGE (NONFLARED) EA 2 $ 2,200.00 $ 4,400.00 608 CONCRETE SIDEWALK (4 INCH) SY 427 $ 46.00 $ 19,642.00 608 CONCRETE CURB RAMP (TYPE 1A) SY 58 $ 200.00 $ 11,600.00 608 CONCRETE CURB RAMP (TYPE 2A) SY 70 $ 200.00 $ 14,000.00 608 CONCRETE CURB RAMP (SPECIAL) SY 12 $ 200.00 $ 2,400.00 608 4' SCUPPER EA 2 $ 2,500.00 $ 5,000.00 609 CONCRETE CURB AND GUTTER TYPE 2 (SECTION I-B) LF 600 $ 15.50 $ 9,300.00 609 CONCRETE CURB AND GUTTER TYPE 2 (SECTION II-B) LF 7,055 $ 20.00 $ 141,100.00 609 GUTTER TYPE 2 (4 FOOT) LF 0 ~ $ 0.00 609 GUTTER TYPE 2 (6 FOOT) LF 114 $ 45.10 $ 5,141.40 610 MEDIAN COVER MATERIAL (CONCRETE) SF 0 $ $ 0.00 610 LANDSCAPING COBBLE STONE SY 0 $ $ 0.00 613 4 INCH ELECTRICAL CONDUIT (PLASTIC) (SCHEDULE 80) LF 1,460 $ 10.25 $ 14,965.00 614 SIGN PANEL (CLASS I) SF 0 S $ 0.00 614 TIMBER SIGN POST 6x6 INCH LF 24 $ 50.00 $ 1,200.00 614 STEEL SIGN POST (W 8X18) LF 34 $ 60.00 $ 2,040.00 BID SCHEDULE Add. H2 - 01/25/2008 SCHEDULE I BID PROPOSAL -BASE BID Item No. Description Units Estimated Quantity Unlt Price Total 614 STEEL SIGN POST (W 10X22) LF 88 $ 70.00 $ 6,160.00 614 STEEL SIGN POST SUPPORT (2.5 In ROUND SCH. 80)(SLIPBASE) LF 0 $` S 0.00 614 CONCRETE FOOTING (TYPE 3) EA 2 $ 1,650.00 $ 3,300.00 614 CONCRETE FOOTING (TYPE 5) EA 4 $ 2,200.00 $ 8,800.00 625 CONSTRUCTION SURVEYING LS 1 $ 28,600.00 $ 28,600.00 626 MOBILI2;4TION LS 1 $ 121,000.00 $ 121,000.00 627 EPOXY PAVEMENT MARKING (PERMANENT) GAL 49 $ 165.00 $ 8,085.00 627 PREFORMED THERMOPLASTIC PAVEMENT MARKING (WORD-SYMBOL) SF 535 $ 17.00 $ 9,095.00 630 TRAFFIC CONTROL LS 1 $ 148,500.00 $ 148,500.00 F/A MINOR CONTRACT REVISIONS F/A 1 $ 90,000.00 $ 90,000.00 F/A VEHICLE DETECTION SYSTEM WIRING F/A 0 ~ ~ 0.00 TOTAL SCHEDULE I $ 2,208,193.15 Signature Title A/c-~ ///st,~ Gcc• .~~/ BID SCHEDULE Add. lt2 - 01/25/2008 SCHEDULE II BID PROPOSAL -BASE BID Item No. Descri on Units Estimated Quantity Unlt Price Total 201 CLEARING AND GRUBBING LS 0 S S ~ On 202 REMOVAL OF PIPE LF 0 ~ 5 O.pO 202 REMOVAL OF END SECTION EA 0 s ~ 0 00 202 REMOVAL OF SIDEWALK SY 0 $ 5 0.00 202 REMOVAL OF CURB AND GUTTER LF 0 $ S o 00 202 REMOVAL OF CONCRETE PAVEMENT SY 0 '-Q ~ 0.00 202 REMOVAL OF ASPHALT MAT SY 0 ~ 5 0.00 202 REMOVAL OF ASPHALT MAT (PLANING) SY 0 ~ D.00' 202 REMOVAL OF GROUND SIGN EA 0 ~ :~ D.00 203 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 0 S S O.t)0 203 OVEREXCAVATION CY 0 S 9 0:(70 203 GEOTECHNICAL TEST EA 0 5 S 0.00 203 POTHOLING HR 0 S S D.00 203 PROOF ROLLING HR 0 5 $ 0.00 207 TOPSOIL CY 0 S $ 0.00 208 EROSION LOG (12 INCH) LF 0 S S O.OCi 208 SILT FENCE LF 0 5 5 0.00 208 STORM DRAIN INLET PROTECTION EA 0 S a 0,00 208 CONCRETE WASHOUT STRUCTURE EA 0 5 ~ 0.00 208 STABILIZED CONSTRUCTION ENTRANCE EA 0 $ S n no 208 EROSION CONTROL SUPERVISOR DAY 0 S S 0.00 210 RESET LIGHT STANDARD EA 0 $ $ 0.00 210 RESET SIGN PANEL EA 1 $ 39.00 $ 39.00 210 RESET VEHICLE DETECTION SYSTEM LS 0 S $ 0.00 210 ADJUST MANHOLE EA 0 S S 0.0t? 210 ADJUST VALVE BOX EA 0 S S 0.001 210 CONNECT TO EXISTING STRUCTURE EA 0 $ ~ 0.00 210 CONNECT TO EXISTING 60" CMP PIPE EA 0 $ S 0':00 212 SEEDING (NATIVE) ACRE 0 ~ ~ 0.00 213 MULCHING (WEED FREE) ACRE 0 $ ' $ 0.00 304 AGGREGATE BASE COURSE (CLASS 6) TON 0 ~ S O:QO 403 HOT MIX ASPHALT (PATCHING) (ASPHALT) TON 0 ~ ~i 0.00 403 HOT MIX ASPHALT (GRADING SX} (75)(PG 58-28) TON 728 $ 74.00 $ 53,872.00 BID SCHEDULE Add. #2 -01/25/2008 SCHEDULE II BID PROPOSAL -BASE BID Item No. Descri tion Units Estimated Quarrtity Unlt Price Toil 411 EMULSIFIED ASPHALT (SLOWSETTING) GAL 165 $ 3.00 $ 495.00 412 CONCRETE PAVEMENT (6 INCH) SY 0 $ $ o co 420 GEOTEXTILE (EROSION CONTROL) (CLASS A) SY 0 S S O.OCi 508 RIPRAP (9") CY 0 S S i;_Dii 601 CONCRETE CLASS B CY 0 ~ $ o On 602 REINFORCING STEEL LB 0 .~ 0.00 603 48" REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 0 $ 5 0.00 603 48" REINFORCED CONCRETE END SECTION EA 0 ~ o as 603 18 INCH STEEL END SECTION EA 0 5 S 0.00 603 24 INCH STEEL END SECTION EA 0 S S o r;o 603 18 INCH PLASTIC PIPE LF 0 $ $ o 00 603 24 INCH PLASTIC PIPE LF 0 S $ C 00 604 INLET TYPE R L 5 (5 FOOT) EA 0 $ $ 0.00 604 INLET TYPE R L 5 (10 FOOT) EA 0 S S o 00 604 INLET TYPE R L 10 (5 FOOT) EA 0 $ $ o.oo 606 GUARDRAIL TYPE 3 (6-3 POST SPACING) LF 0 S $ i) 00 606 END ANCHORAGE TYPE 3D EA 0 S S r, o0 606 END ANCHORAGE (NONFLARED) EA 0 $ ~ o 00 608 CONCRETE SIDEWALK (4 INCH) SY 0 S S 0.~0 608 CONCRETE CURB RAMP (TYPE 1A) SY 0 S $ 0.00 608 CONCRETE CURB RAMP (TYPE 2A) SY 0 S $ o !~ 608 CONCRETE CURB RAMP (SPECIAL) SY 0 $ $ 0.00 608 4' SCUPPER EA 0 S ~ G o;~ 609 CONCRETE CURB AND GUTTER TYPE 2 (SECTION I-B) LF 0 S S 0.00 609 CONCRETE CURB AND GUTTER TYPE 2 (SECTION II-B) LF 0 S S OAO 609 GUTTER TYPE 2 (4 FOOT) LF 0 S $ O Ot} 609 GUTTER TYPE 2 (6 FOOT) LF 0 ~ ~ 0 X10 610 MEDIAN COVER MATERIAL (CONCRETE) SF 0 $ $ 0.00 610 LANDSCAPING COBBLE STONE SY 0 $ $ 0.00 613 4 INCH ELECTRICAL CONDUIT (PLASTIC) (SCHEDULE 80) LF 0 $ $ 0.00 614 SIGN PANEL (CLASS I) SF 0 $ $ 0.00 614 TIMBER SIGN POST 6x6 INCH LF 42 $ 50.00 $ 2.100.00 614 STEEL SIGN POST (W 8X18) LF 0 $ $ 0.00 BID SCHEDULE Add. #2 - 01/25/2008 SCHEDULE II BID PROPOSAL -BASE BID Item No. Descri tion Units Estimated Quarrtity Unit Price Total 614 STEEL SIGN POST (W 10X22) LF 0 S S O.Ou 614 STEEL SIGN POST SUPPORT (2.5 In ROUND SCH. 80)(SLIPBASE) LF 0 ~ S 0.00 614 CONCRETE FOOTING (TYPE 3) EA D S S 0.00 614 CONCRETE FOOTING (TYPE 5) EA 0 S S 0.00 625 CONSTRUCTION SURVEYING LS 1 $ 5,550.00 5 5,550.00 626 MOBILIZ4TION LS 0 S S 0.00 627 EPOXY PAVEMENT MARKING (PERMANENT) GAL 0 5 0.00 627 PREFORMED THERMOPLASTIC PAVEMENT MARKING (WORD-SYMBOL) SF 0 5 O UO 630 TRAFFIC CONTROL LS 0 S 0.00 F/A MINOR CONTRACT REVISIONS F/A 1 $ 10,000.00 S 10,000.00 F/A VEHICLE DETECTION SYSTEM WIRING F/A 0 S S 0 00 TOTAL SCHEDULE 11 $ 72,056.00 Signature Tide /'~~'~~Z /~/!-,r, K tires BID SCHEDULE Add. #2 - OIi25/2008 SCHEDULE 111 BID PROPOSAL -BASE BID Item No. Descri tion Units Estimated Quantity Unlt Price Total 201 CLEARING AND GRUBBING LS 1 $ 13,250.00 $ 13,250.00 202 REMOVAL OF PIPE LF 0 S 0>00 202 REMOVAL OF END SECTION EA 1 $ 555.00 $ 555.00 202 REMOVAL OF SIDEWALK SY 28 $ 30.00 $ 840.00 202 REMOVAL OF CURB AND GUTTER LF 1,776 $ 5.50 $ 9,768.00 202 REMOVAL OF CONCRETE PAVEMEN-f SY 111 $ 24.00 $ 2,664.00 202 REMOVAL OF ASPHALT MAT SY 3,200 $ 3.00 $ 9,600.00 202 REMOVAL OF ASPHALT MAT (PLANING) SY 0 5 S 0.00 202 REMOVAL OF GROUND SIGN EA 3 $ 85.00 $ 255.00 203 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 840 $ 42.50 $ 35,700.00 203 OVEREXCAVATION CY 1,000 $ 56.25 $ 56,250.00 203 GEOTECHNICAL TEST EA 20 $ 2,385.00 $ 47,700.00 203 POTHOLING HR 10 $ 195.00 $ 1,950.00 203 PROOF ROLLING HR 10 $ 142.00 $ 1,420.00 207 TOPSOIL CY 228 $ 11.50 $ 2,622.00 208 EROSION LOG (12 INCH) LF 0 $ ~ 0 00 208 SILT FENCE LF 554 $ 1.00 $ 554.00 208 STORM DRAIN INLET PROTECTION EA 5 $ 305.00 $ 1,525.00 208 CONCRETE WASHOUT STRUCTURE EA 1 $ 2,042.00 $ 2.042.00 208 STABILIZED CONSTRUCTION ENTRANCE EA 0 S S 0.00 208 EROSION CONTROL SUPERVISOR DAY 0 $ '"' $ OAO 210 RESET LIGHT STANDARD EA 8 $ 13,000.00 $ 104,000.00 210 RESET SIGN PANEL EA 7 $ 39.00 $ 273.00 210 RESET VEHICLE DETECTION SYSTEM LS 1 $ 13,750.00 $ 13,750.00 210 ADJUST MANHOLE EA 2 $ 1,100.00 $ 2,200.00 210 ADJUST VALVE BOX EA 0 $ $ _ 0.00 210 CONNECT TO EXISTING STRUCTURE EA 1 $ 1,100.00 $ 1,100.00 210 CONNECT TO EXISTING 60" CMP PIPE EA 0 $ $ 0.00 212 SEEDING (NATIVE) ACRE 0.42 $ 900.00 $ 378.00 213 MULCHING (WEED FREE) ACRE 0.42 $ 725.00 $ 304.50 304 AGGREGATE BASE COURSE (CLASS 6) TON 2,804 $ 25.50 $ 71,502.00 403 HOT MIX ASPHALT (PATCHING) (ASPH,4LT) TON 128 $ 135.00 $ 17,280.00 403 HOT MIX ASPHALT (GRADING SX) (75)(PG 58-28) TON 2,224 $ 74.00 $ 164,576.00 BID SCHEDULE Add. #2 - 01/25/2008 SCHEDULE III BID PROPOSAL -BASE BID Item No. Descrl tlon Units Estimated Quantity Unlt Price Total 411 EMULSIFIED ASPHALT (SLOW-SETTING) GAL 488 $ 2.75 $ 1,342.00 412 CONCRETE PAVEMENT (6 INCH) SY 119 $ 55.50 $ 6,604,50 420 GEOTEXTILE (EROSION CONTROL) (CLASS A) SY 64 $ 31.00 $ 1,984.00 506 RIPRAP (9") CY 38 $ 115.00 $ 4,370.00 601 CONCRETE CLASS B CY 3 $ 1,100.00 $ 3,300.00 602 REINFORCING STEEL LB 94 $ 22.25 $ 2,091.50 603 48" REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 50 $ 112.00 $ 5,600.00 603 48" REINFORCED CONCRETE END SECTION EA 1 $ 2,775.00 $ 2,775.00 603 18 INCH STEEL END SECTION E_A 2 $ 275.00 $ 550.00 603 24 INCH STEEL END SECTION E=A 0 $ $ O f~0 603 18 INCH PLASTIC PIPE LF 364 $ 62.00 $ 22,568,00 603 24 INCH PLASTIC PIPE LF 0 $ $ u.U0 604 INLET TYPE R L 5 (5 FOOT) E=A 5 $ 7,250.00 $ 36,250.00 604 INLET TYPE R L 5 (10 FOOT) EA 1 $ 9,200.00 $ 9,200.00 604 INLET TYPE R L 10 (5 FOOT) EA 0 $ $ U.(10 606 GUARDRAIL TYPE 3 (6-3 POST SPACING) LF 0 $ $ 0.00 606 END ANCHORAGE TYPE 3D EA 0 $ $ 0 00 606 END ANCHORAGE (NONFLARED) E_A 0 $ $ 0.00 608 CONCRETE SIDEWALK (4 INCH) SY 67 $ 45.50 $ 3,048.50 608 CONCRETE CURB RAMP (TYPE 1A) SY 0 $ $ 0.00 608 CONCRETE CURB RAMP (TYPE 2A) SY 42 $ 200.00 $ 8,400.00 608 CONCRETE CURB RAMP (SPECIAL) SY 0 $ $ 0:00 608 4' SCUPPER E=A 0 $ $ 0.00 609 CONCRETE CURB AND GUTTER TYPE. 2 (SECTION I-B) LF 1,816 $ 15.50 $ 26,148.00 609 CONCRETE CURB AND GUTTER TYPE= 2 (SECTION II-B) LF 1,510 $ 20.00 $ 30,200.00 609 GUTTER TYPE 2 (4 FOOT) LF 74 $ 45.50 $ 3.367.00 609 GUTTER TYPE 2 (6 FOOT) LF 0 $ $ 0 00 610 MEDIAN COVER MATERIAL (CONCRETE) SF 823 $ 8.00 $ 6,584.00 610 LANDSCAPING COBBLE STONE SY 167 $ 45.50 $ 7,598.50 613 4 INCH ELECTRICAL CONDUIT (PLASI"IC) (SCHEDULE 80) LF 1,620 $ 10.50 $ 17,010.00 614 SIGN PANEL (CLASS I) SF 9 $ 20.00 $ 180.00 614 TIMBER SIGN POST 6x6 INCH LF 48 $ 39.00 $ 1,872.00 614 STEEL SIGN POST (W 8X18) LF 0 $ $ ' 0.00 BID SCHEDULE Add. #2 - 01/25/2008 SCHEDULE III BID PROPOSAL -BASE BID Item No. Descrl tion Units Estimated Quantity Unlt Price Total 614 STEEL SIGN POST (W 10X22) LF 0 $ $ D DO 614 STEEL SIGN POST SUPPORT (2.5 In ROUND SCH. 80)(SLIPBASE) LF 24 $ 66.50 $ 1,596.D0 614 CONCRETE FOOTING (TYPE 3) EA 0 ~ ,~ o nn 614 CONCRETE FOOTING (TYPE 5) EA 0 S S 0.00 625 CONSTRUCTION SURVEYING LS 1 $ 27,750.00 $ 27,750.00 626 MOBILIZATION LS 1 $ 53,200.00 $ 53,200.00 627 EPOXY PAVEMENT MARKING (PERMANENT) GAL 9 $ 175.00 1,575.00 627 PREFORMED THERMOPLASTIC PAVEMENT MARKING (WORD-SYMBOL) SF 190 $ 17.00 3,230.00 630 TRAFFIC CONTROL LS 1 $ 83,200.00 83,200.00 F/A MINOR CONTRACT REVISIONS F/A 1 $ 50,000.00 $ 50,000.00 F/A VEHICLE DETECTION SYSTEM WIRING F/A 1 $ 15,000.00 $ 15,000.00 TOTAL SCHEDULE III $ 1,000,652.50 Signature Title ~`~G'i. ~~~~ a~ ~.~ BID SCHEDULE Add. #2 - 01/25/2008 SCHEDULE I BID PROPOSAL -BID ALTERNATE I Item No. Description Units Estimated Quantlty Unit Price Total 201 CLEARING AND GRUBBING LS 1 $ 22,000.00 $ 22,000.00 202 REMOVAL OF PIPE LF 132 $ 22.00 $ 2,904.00 202 REMOVAL OF END SECTION EA 0 ~ S o ao 202 REMOVAL OF SIDEWALK SY 105 $ 25.00 $ 2,625.00 202 REMOVAL OF CURB AND GUTTER LF 252 $ 10.00 $ 2,520.00 202 REMOVAL OF CONCRETE PAVEMENT SY 0 S $ O UO 202 REMOVAL OF ASPHALT MAT SY 12,075 $ 1.55 $ 18,716.25 202 REMOVAL OF ASPHALT MAT (PLANING) SY 715 $ 13.50 $ 9,652.50 202 REMOVAL OF GROUND SIGN EA 0 5 $ u.00 203 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 16,363 $ 22.00 $ 359,986.00 203 OVEREXCAVATION CY 1,000 $ 58.00 $ 58,000.00 203 GEOTECHNICAL TEST EA 20 $ 2,500.00 $ 50,000.00 203 POTHOLING HR 40 $ 195.00 $ 7,800.00 203 PROOF ROLLING HR 20 $ 142.00 $ 2,840.00 207 TOPSOIL CY 2,980 $ 7.50 $ 22,350.00 208 EROSION LOG (12 INCH) LF 290 $ 4.50 $ 1,305.00 208 SILT FENCE LF 3,946 $ 1.00 $ 3,946.00 208 STORM DRAIN INLET PROTECTION EA 21 $ 165.00 $ 3,465.00 208 CONCRETE WASHOUT STRUCTURE EA 1 $ 2,050.00 $ 2,050.00 208 STABILIZED CONSTRUCTION ENTRANCE EA 1 $ 1,500.00 $ 1,500.00 208 EROSION CONTROL SUPERVISOR DAY 80 $ 20.00 $ 1,600.00 210 RESET LIGHT STANDARD EA 4 $ 13,000.00 $ 52,000.00 210 RESET SIGN PANEL EA 12 $ 38.50 $ 462.00 210 RESET VEHICLE DETECTION SYSTEM LS 0 S S 0.00 210 ADJUST MANHOLE EA 3 $ 1,100.00 $ 3,300.00 210 ADJUST VALVE BOX EA 5 $ 275.00 $ 1,375.00 210 CONNECT TO EXISTING STRUCTURE EA 4 $ 1,100.00 $ 4,400.00 210 CONNECT TO EXISTING 60" CMP PIPE EA 1 $ 2,750.00 $ 2,750.00 212 SEEDING (NATIVE) ACRE 5.54 $ 900.00 $ 4,986.00 213 MULCHING (WEED FREE) ACRE 5.54 $ 725.00 $ 4,016.50 304 AGGREGATE BASE COURSE (CLASS 6) TON 95 $ 31.50 $ 2,992.50 403 HOT MIX ASPHALT (PATCHING) (ASPHALT) TON 3 $ 275.00 $ 825.00 403 HOT MIX ASPHALT (GRADING SX) (75)(PG 58-28) TON 11,544 $ 68.00 $ 784,992.00 BID SCHEDULE Add. #2 - 01/25/2008 SCHEDULE 1 BID PROPOSAL -BID ALTERNATE I Item No. Descrl tion Units Estimated Quantity Unit Price Total 411 EMULSIFIED ASPHALT (SLOW-SETTING) GAL 3,498 $ 3.00 $ 10,494.00 412 CONCRETE PAVEMENT (6 INCH) SY 138 $ 55.00 $ 7,590.00 420 GEOTEXTILE (EROSION CONTROL) (CLASS A) SY 90 $ 31.00 $ 2,790.00 506 RIPRAP (9") CY 40 $ 115.00 $ 4,600.00 601 CONCRETE CLASS B CY 0 $ $ O.t~0 602 REINFORCING STEEL LB 0 $ ~ ~'~.!in 603 48" REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 0 S $ 0.00 603 48" REINFORCED CONCRETE END SECTION EA 0 $ $ 0.~0 603 18 INCH STEEL END SECTION EA 4 $ 275.00 $ 1,100.00 603 24 INCH STEEL END SECTION EA 4 $ 330.00 $ 1,320.00 603 18 INCH PLASTIC PIPE LF 652 $ 60.50 $ 39,446.00 603 24 INCH PLASTIC PIPE LF 1,882 $ 72.00 $ 135,504.00 604 INLET TYPE R L 5 (5 FOOT) EA 12 $ 7,200.00 $ 86,400.00 604 INLET TYPE R L 5 (10 FOOT) EA 1 $ 9,200.00 $ 9,200.00 604 INLET TYPE R L 10 (5 FOOT) EA 2 $ 10,000.00 $ 20,000.00 606 GUARDRAIL TYPE 3 (6-3 POST SPACING) LF 400 $ 16.75 $ 6,700.00 606 END ANCHORAGE TYPE 3D EA 2 $ 800.00 $ 1,600.00 606 END ANCHORAGE (NONFLARED) EA 2 $ 2,200.00 $ 4,400.00 608 CONCRETE SIDEWALK (4 INCH) SY 427 $ 46.00 $ 19,642.00 608 CONCRETE CURB RAMP (TYPE 1A) SY 58 $ 200.00 $ 11,600.00 608 CONCRETE CURB RAMP (TYPE 2A) SY 70 $ 200.00 $ 14,000.00 608 CONCRETE CURB RAMP (SPECIAL) SY 12 $ 200.00 $ 2,400.00 608 4' SCUPPER EA 2 $ 2,500.00 $ 5,000.00 609 CONCRETE CURB AND GUTTER TYPE 2 (SECTION I-B) LF 600 $ 15.50 $ 9,300.00 609 CONCRETE CURB AND GUTTER TYPE 2 (SECTION II-B) LF 7,055 $ 20.00 $ 141,100.00 609 GUTTER TYPE 2 (4 FOOT) LF 0 ~ S 0:00 609 GUTTER TYPE 2 (6 FOOT) LF 114 $ 45.10 ~ 5,141.40 610 MEDIAN COVER MATERIAL (CONCRETE) SF 0 S S 0.00 610 LANDSCAPING COBBLE STONE SY 0 $ $ 0.00 613 4 INCH ELECTRICAL CONDUIT (PLASTIC) (SCHEDULE 80) LF 1,460 $ 10.25 $ 14,965.00 614 SIGN PANEL (CLASS I) SF 0 $ ' $ 0.00 614 TIMBER SIGN POST 6x6 INCH LF 24 $ 50.00 $ 1,200.00 614 STEEL SIGN POST (W 8X18) LF 34 $ 60.00 $ 2,040.00 BID SCHEDULE Add. #2 - 01/25/2008 SCHEDULE 1 BID PROPOSAL -BID ALTERNATE I Item No. Descrl Uon Units Estimated Quantity Unlt Prlc® Total 614 STEEL SIGN POST (W 10X22) LF 88 $ 70.00 $ 6,160.00 614 STEEL SIGN POST SUPPORT (2.5 In ROUND SCH. 80)(SLIPBASE) LF 0 5 $ 0 00 614 CONCRETE FOOTING (TYPE 3) EA 2 $ 1,650.00 $ 3,300.00 614 CONCRETE FOOTING (TYPE 5) EA 4 $ 2,200.00 $ 8,800.00 625 CONSTRUCTION SURVEYING LS 1 $ 28,600.00 $ 28,600.00 626 MOBILIZATION LS 1 $ 121,000.00 $ 121,000.00 627 EPOXY PAVEMENT MARKING (PERMANENT) GAL 49 $ 165.00 8,085.00 627 PREFORMED THERMOPLASTIC PAVEMENT MARKING (WORD-SYMBOL) SF 535 $ 17.00 9,095.00 630 TRAFFIC CONTROL LS 1 $ 148,500.00 148,500.00 F/A MINOR CONTRACT REVISIONS F/A 1 $ 90,000.00 $ 90.000.00 F/A VEHICLE DETECTION SYSTEM WIRING F/A 0 ~ $ 0 Ci0 TOTAL SCHEDULE 1(BID ALTERNATE) $ 2,416,431.15 Signature Title ,~ra~___y~4-~ G ~. -- BID SCHEDULE Add. #2 - O l /?5/2008 R.~~~~~ Jl~~ ~ ~ 20~~ STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch 4201 East Arkansas Avenue, 4"' Floor Denver, Colorado 80222 Telephone: (303) 757-9736 Facsimile: (303) 757-9868 ~^ I I ~~ June 19, 2007 NOTIFICATION OF PREOUALIFICATION ELAM CONSTRUCTION INCORPORATED 556 Struthers Avenue Grand Junction, CO 81501 Limit: $Unlimited Vendor ID: 091A `~ x Reference is made to your application for registration as a qualified bidder on Colorado Highway work, ~"~" dated June 14, 2007. Your file has been reviewed and determined to be complete. Based on the information contained in your application your firm is approved to submit bids on any project, subject to the ability of your firm to provide the required bond(s). Your firms Vendor ID is indicated above and must be shown on your bid proposal. Bids from a general contractor will be received subject to any limitation stated above, and with due consideration to the amount of work presently under contract, past performance on highway contracts, and the contractor's financial status at the time of bidding. It is fiuther understood that the bidder has available the organization and equipment adequate for any project on which a bid is submitted; that the contractor's organization and equipment will be available to undertake the work on which bids are currently made, promptly after award of contract; and that the work will be carried on expeditiously and under proper supervision. This notice supersedes all previous notices. This prequalification will expire on June 30, 2008. You must file a new application 10 days prior that time to remain current. It is the contractor's sole responsibility to obtain and file the necessary forms each year prior to expiration. Forms are available on the Internet at http•//www dot state co.usBiddingBidForms.htm. If you need forms sent to you, they maybe requested at 303-757-9354. Sincerely, Richard E. Ott CDOT Awazd Officer (303) 757-9006 cc: K. Gonzales REO;ro I . , THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A31 D Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Elam Construction, Inc. 556 Struthers Avenue, Grand Junction, CO 81501-3826 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America Safeco 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 County, Colorado 500 Broadway, Eagle, CO 81631 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 05 /o ), for the payment of which sum well and truly to be-made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Improvements to Cooley Mesa Road NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of January 0 (Attest) ' Jason D. Cates, Secretary/Treasurer fitness) Kristine Kay O'Neill Elam Construction. Inc. 2008 (Principal) (Seal) Step aspar C (Title) feco Insurance Company of America G (Seal) (Title) U gle ,Attorney-in•Fact CONFORMS WITH AIA DOCUMENT A310 • BID BOND •AIA' • FEBRUARY 1870 ED • THE AMERICAN INSTITUTE OF ARCHITECTS,173b N.Y. AVE., N.W., WASHINQTON, O.C. 20008 `~HRHo hllb rogal & hobbs° HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 m 303-722-7776 ~ 303-722-8862 Safeco Insurance Company of America General Insurance Company of America POWER Safeco Plaza OF ATTORNEY seanle, WA 98185 KNOW ALL BY THESE PRESENTS: No. 2120 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does each hereby appoint **********FLORIETTA ACOSTA; DONALD E. APPLEBY; GLORIA C. BLACKBURN; DILYNN GUERN; SUSAN J. LATTARULO; TIFFANY MCGONIGLE; KEVIN W. MCMAHON; FRANK C. PENN; J. R. RICHARDS; JAMES 5. ROSULEK; MARK SWEIGART; Denver, Colorado**********-,~*~******~'*°*****'E,~*******'~***-.*~**-"~"""`--"-":;'*-~~~,~'**'~**`'*"H""y""~*~,-` its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5th day of November 2007 STEPHANIE DALEY•WATSON SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (t) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Cefifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 30th day of January 2008 ~~~~ CO/apgy` ~~~f COMpq ~ G°f~RATi" D,~ SJ~ '1,G CORPORATE '" SEAL ~ SEAL ~ ~~~ Ali af.~~ s x ~ ~~ `~ d~r 1953 u~ y~ !g$3 ~ STEPHANIE DALEY-WATSON, SECRETARY FOf tuASt+•~ ~fenf WaS~~°\ `~~ . Safeco® and the Safeco logo ere registered trademarks oT Safeco Corporation. S-0974/DS 4/05 WEB PDF ~- THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Elam Construction, Inc. 556 Struthers Avenue, Grand Junction, CO 81501-3826 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America Safeco Plaza, Seattle, WA 98185 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto Eagle County, Colorado 500 Broadway, Eagle, CO 81631 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($, °5 /e ), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Improvements to Cooley Mesa Road NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Gontract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of January 2008 Elam Construction. Inc. (Principal) (Seal) Step spar (Attest) CE Jason D. Cates, Secretary/Treasurer (Title) Safeco Insurance Company of America ~ (Surety) (Seal) '~~ (Witness) Kristine Kay O'Neill Tiff y c nigle ~ n~irn y-m-Fact CONFORMS WITH AIA DOCUMENT A310 • BID BOND •AIA' • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS,173b N.Y. AVE., N.W., WASHINGTON, D.C. 20008 ~HRH® hilb rogal & hobbs° HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 m 303-722-7776 ® 303-722-8862 Safeco Insurance Company of America POWER General Insurance Company of America Safeco Plaza OF ATTORNEY seattie, WA 98185 No. 2120 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does each hereby appoint **********FLORIETTA ACOSTA; DONALD E. APPLEBY; GLORIA C. BLACKBURN; DILYNN GUERN; SUSAN J. LATTARULO; TIFFANY MCGONIGLE; KEVIN W. MCMAHON; FRANK C. PENN; J. R. RICHARDS; JAMES S. ROSULEK; MARK SWEIGART; Denver,Colorado-..-.-;,°~*'°w:,**;._:-*****~-~**~*******"'*************'****"-'.a:"`-*'E**,~""o-*'~`"x~*'~,~E**~.-***-~ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5th day of November 2007 STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 30th day of January 2008 ~aN~ COAlpq~ ~~~E COMp ~ ~ CORPORATE '" ~ SEAL ~ SEAL ~ ~'~ ~af-~~ y J~rE. ~ w~~sM~~ ~~f~aWaSh~~~ STEPHANIE DALEY-WATSON, SECRETARY Safeco® end the Safeco logo ere registered Uademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF ;~ .i•..~ THE AMERICAN INSTITUTE OF ARCHITECTS AIA DocumentA3i0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Elam Construction, Inc. 556 Struthers Avenue, Grand Junction, CO 81501-3826 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America Safeco 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 County, Colorado 500 Broadway, Eagle, CO 81631 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Improvements to Cooley Mesa Road NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in sa(d bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of January '~ (Attest) ~ Jason D. Cates, Secretary/Treasurer c (Witness) Kristine Kay O'Neill CONFORMS WRH AIA DOCUMENT A310 • BID BOND •AIA' • FEBRUARY 1870 ED • INSTITUTE OF ARCHITECTS, 1736 N.Y. AVE., N.W., WASHINGTON, D.C. 20008 Elam Construction. Inc. 2008 Steph parPrinclpal) (Seal) CEO (Title) Safeco Insurance Company of America ,(,,~(S~urety) (Seal) `J1T ' `` Tiff y igle , me /trn y-in-Fait HRH hllb rogal & hobbs° HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 ® 303-722-7776 ® 303-722-8862 J• f v `~*'~_ POWER ''=~-"y~~` ! ~ OF ATTORNEY KNOW ALL BY THESE PRESENTS: Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 No. 2120 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does each hereby appoint *'*~'~'"~'~~`~FLORIETTA ACOSTA; DONALD E. APPLEBY; GLORIA C. BLACKBURN; DILYNN GUERN; SUSAN J. LATTARULO; TIFFANY MCGONIGLE; KEVIN W. MCMAHON; FRANK C. PENN; J. R. RICHARDS; JAMES S. ROSULEK; MARK SWEIGART; Denver, Colorado-~**'~.**.~~'*.****~-~'"***«*~*~.*****~"*.*"**~**'~.*~"~«~~~*"******`**+~`*""*'~'"**°E**,~'"***~~*"~,"~-„ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5th day of November zo07 STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: °Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate tftles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking ° Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. °On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.° I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I hav® hereunto set my hand and affixed the facsimile seal of said corporation this 30th day of January 2008 ~, ~Ay~, 4~~srE COMp'~ G ~ ~ ?~,0 M1~QRA'E `~~ x ~' ~~~~ SEAL € S E A L ~ ~.P~rctnci ~~-~r~~ d~~9gYR>S ti~~ ~~ r~~~~~ STEPHANIE DALEY-WATSON,SECRETARY e S-0974/DS 4/05 Sefeco® end the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF 1 1 The undersigned Bidder agrees to furnish the required- Bond and enter into Agreement within TEN (10) days after acceptance of this Bid, and further agrees to complete ail Work covered by the Bid, in accordance with specified requirements and in accordance with the following schedule (Bidder to enter number of days after date of Notice to Proceed for all of the following, unless number of days has akeady been entered): 1. Substantial Completion (Ready for Punchlist) 180 Days 2. Punchlist Complete 15 Days ' Work may commence on or after March 10, 2008 and must be substantially complete by September 12, 2008. ' 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 completed within the time specified above, plus any extensions thereof allowed in accordance with the ' General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the Owner if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, Owner ' and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner in accordance with the following: 1. Late Substantial Completion $ 500 Per Day (Ready for Punchlist) ' 2. Late Punchlist Completion $ 300 Per Day Receipt of copies of the following addenda is hereby acknowledged. Addendum No. Bidder's Signature Date Acknowledged ~~~~~ ~ / ~~ ~22~0~ ~°~~~ ~~ ~ ~2 ~~ ~' 1 ' Enclosed herewith is the re aired Bid Securit in the form of Cashier's Check/Bid Bond strike q Y~ ( one), in the amount of S" ~~ e f Q ~ ~ o •--,~ --. ,,. ~~ t . 4/ -°'°• Dollars ' ($ S ~a )which the undersigned Bidder agrees is to be forfeited to and become the property of owner, as liquidated damages, should this Bid be accepted and he fails to enter into Agreement in the form prescribed and to furnish the required Bonds within ten (10) days, but otherwise the Bid security will be returned upon Bidder signing the Agreement and delivering the Performance, Payment and Warranty Bond. ' BID FORM Page 2 of 9 n 1 1 I~~ In submitting this Bid, it is understood that Owner reserves the right to reject any and all Bids, and it is understood that this Bid may not be withdrawn during a period of sixty (60) days after the scheduled time for the receipt of Bids. The undersigned Bidder hereby certifies (a) that this Bid is genuine and is not made in the interest of, or in the behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; (b) that he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; (c) that he has not solicited or induced any person, firm, or corporation to refrain from bidding; and (d) that he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. BID FORM Page 3 of 9 The full names and addresses of parties interested in this Bid as principals are as follows: Name Address ~~ BID FORM Page 4 of 9 1 1 1 1 1 1 1 1 1 SIGNATURE OF BIDDER If an Individual: [signature] Print or type name: Doing business as: Date: If a Partnership: By: [signature] General Partner Print or type name: Date: If a Corporation: Elam Construction, Inc. ~a Col orado Corporation) By: Print or type name: Stephen J. Kaspar Title: CEo Date: January 30, 2008 (SEAL) ATTEST: Jason D. Cates Title: Secretary/Treasurer BID FORM Page 5 of 9 If Bidder is a joint venturer, all venturers or their authorized agents must sign below. Name of Joint Venture: If Joint Venture is: Ari Individual: [signature) Print or type name: Doing business as: Date: A Partnership: By: [signature] General Partner Print or type name: Date: A Corporation: (a Corporation) By: [signature] Print or type name: Title: Date: (SEAL) ATTEST: Title: BID FORM Page 6 of 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MATERIAL AND EQUIPMENT SUPPLIER LISTING The following information is submitted for each major supplier of material and each manufacturer and supplier of equipment for manufacturers and suppliers of major items of material, equipment and systems to be used in the Work if the Bidder is awarded the contract. be Specification Section No. 30~/~0~ ~b3 Material or Equipment Description A_6G ~Gd.~~~-~G ~Q~~ Manufacturer and Supplier The Surety who will be the surety on the Performance, Payment and Warranty Bond will BID FORM Page 7 of 9 Signature Stephen J. Raspar, CEO SUBCONTRACTOR LISTING The following information is submitted for each subcontractor that will be used in the Work if the Bidder is awarded the Agreement. Additional numbered pages shall be attached to this page as required. Each page shall be headed "SUBCONTRACTOR LISTING" and signed. All Work to be subcontracted over $ shall be listed. Amount of Name and Address Portion Subcontract / /^ of Subcontractor of/~/W~ ork /~lS.Sd.s, ~ CG ~in~'-e~~r%.IG3 ~ ~ i f~~ c Con ~i0 8?O ~ / ~ /Q•~. C7rc..ao/ f f CD ~/SoS Z ~~ ZZZ. ~ ~L+cS e ~ /rc . ~ ~~c~~. ~~/ 00 ~?a . ~30~ i9s~ ~~,/..-,o.-tl,, , Cb 8/632 l~h~s~5 ro-.h~ Z /S ~~~ . Ob ~ro.~ J ~e ti C ~o/J,~f ~/~G, ~G/7Grt ~ ~~i3~a.+e~~ /,3S D Q ~... J ~S~ ~.~~-.~vo/ Co ~oz~S Signature Stephen J. Kaspar, CEO BID FORM Page 8 of 9 STATE OF COLORADO CERTIFICATION STATEMENT REGARDING ILLEGAL ALIENS ' The Contractor, whose name and signature appear below, certifies and agrees as follows: ' 1) The Contractor shall comply with the provisions of CRS 8-17.5-101 et seq. 2) The Contractor shall not knowingly employ or contract with an illegal alien to perform work ' under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 3) The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any ' illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b}(1). 1 4) The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with ' any requirement of this provision or CRS 8-17.5-101 et seq., the County may require the Owner to terminate the above referenced Contract for breach and the Contractor shall be liable for actual and consequential damages to the County. ' 5) The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre- employment screening of job applicants while these services are being performed. ' 6) ff the Contractor obtains actual knowledge that a Subcontractor performing work under this conlract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: ' a. Notify the Subcontractor and the Owner within three days that the Contractor has actual knowledge that the Subeontractor is employing or contracting with an illegal alien; and ' b. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three ' days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. ' CERTIFIED and AGREED to this 30th aay of January , 200 8 . ' VENDOR: Elam Construction, Inc. ull Legal Name) BY: ' Si~na~~re of Authorized Representative Stephen T. Kaspar, CEO January 30, 2008 ' Date ' BID FORM Page 9 of 9