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Home My WebLink AboutC13-167 Grand River - Missouri HeightsAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND GRAND RIVER CONSTRUCTION FOR MISSOURI HEIGHTS/El JEBEL OVERLAY PROJECT THIS AGREEMENT is dated as of this 3% day of K , 2013, by and between Eagle County, Colorado, and a body corporate and politic, acting"by and through its Board of County Commissioners (hereinafter called "Owner "), and Grand River Construction, a Colorado corporation with its principal place of business at 817 Colorado Avenue, Suite 101, Glenwood Springs, CO 81601 (hereinafter called Contractor "). Owner and Contractor, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 - WORK Contractor shall provide materials and complete all work as specified or indicated in the Contract Documents ( "Work "). The Work is generally described as the asphalt overlay of the following roads located in Missouri Heights /El Jebel: Sam Grange Court, Lynns Court, Mountain View Road, Green Meadow Drive, Milburn Court and Fender Lane as specified in Exhibits A and B, which are attached hereto and incorporated herein by this reference. The Work includes construction zone traffic control, materials sampling, testing, inspection and the special provisions contained in Exhibit B. In the event of any conflict or inconsistency between the terms of Exhibits A or B and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall control. ARTICLE 2 - OWNER'S REPRESENTATIVE The Project is under the authority of the Eagle County Road & Bridge Department, the Director of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. ARTICLE 3 - CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before November 30, 2013. 3.2 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Three Hundred dollars ($300.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. t �s f 4.2 Owner shall pay Contractor for the materials and performance of the Work in accordance with the rates set forth in Exhibit A funds as follows: PROGRESSIVE PAYMENTS UPON COMPLETION OF EACH AREA AS SPECIFIED IN EXHIBIT "A." Total compensation under this Agreement shall not exceed five hundred twenty three thousand four hundred fifty eight dollars and fifty five cents ($523,458.55) without an amendment to this Agreement executed in accordance with the terms set forth herein. 4.3 Pursuant to the provisions §24 -91- 103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless agreed to in writing by the parties and is accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy- granting provision in the Agreement. 4.4 The Board of County Commissioners for Eagle County is a governmental entity. All obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. FARINUSAMi ' _ I I i u i ► 101 5.1 Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. 5.2 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payments, as provided below. All progress payments will be on the basis of the progress of the Work. 5.2.1 Request for progress payments and retainage of funds shall occur in compliance with Paragraph 19 of the General Conditions attached hereto and C.R.S. §24 -91 -103. The Owner shall authorize monthly progress payments of properly requested amounts of at least ninety five percent of the calculated value of the work completed. The withheld percentage of the Contract Price may be retained until the Work is completed satisfactorily and finally accepted by County as provided for herein. 5.3 FINAL PAYMENT: Except as provided by Section 5.3 of this Agreement, within sixty (60) days of completion and acceptance of the Work by County in accordance with Section 17 of this Agreement and Paragraphs 20 and 21 of the General Conditions, County shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with C.R.S. §38 -26 -107. Final payment shall be made in accordance with the requirements of the aforesaid statute. 5.4 County may withhold from any payments due to Contractor, to such extent as may be necessary to protect ECAT from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Scope of Work in accordance with this Agreement. Agreement Page 2 5.5. Contractor shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following termination, which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. 6.5 In performing the work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions. insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Exhibits A and B 7.3 General Conditions (Pages 1 to 10, inclusive). 7.4 Specifications and Drawings (if any) 7.5 Notice of Award and, if any, Notice to Proceed. 7.6 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.7 Performance and other Bonds. 7.8 The parties acknowledge and agree that the terms and conditions of this Agreement (7. 1), Exhibits A and B (7.2) and the General Conditions (7.3) attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 - BONDS Not later than five business days following the execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. ARTICLE 9 - MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. Agreement Page 4 9.5 INTEGRATION: This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 9.6 NOTICE: Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: County: With a copy to: Board of County Commissioners, Eagle County Road & Bridge Eagle County, Colorado P. O. Box 250 P. O. Box 850 Eagle, CO 81631 Eagle, CO 81631 Telephoner (970) 328 -3540 Telephone: (970) 328 -8605 Fax: (970) 328 -3546 Fax: (970) 328 -7207 Contractor: &AMFi rz,w e-ewAr , C /v o W A DO p o. ,3DX 23 & S p4 S GO S /GOZ q30 - el ks- ;?S_8 q10- q u5- 1018 ( F ) Mailed notices will -be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and Fax notices will be,deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. 9.7 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17:5 -101, et seq., regarding Illegal Aliens - Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E -verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http : /lwww.dhs.gov /xpreyprot/pro rg ams /gc 1185221678150.shtm C. The Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) 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. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8 -17.5- 102(5). F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. Agreement Page 6 Contractor acknowledges that the Work is a public Work financed in whole or in part by funds of the state of Colorado and/or the Owner, and pursuant to section Title 8 -17- 101, C.R.S. (1973). Colorado labor shall be employed to perform the Work in the extent of not less than eighty percent (80 %) of each type or class of labor in the several classifications of skilled and common labor employed in the Work. For purposes of this provision, "Colorado labor" means "any person who is a resident of the state of Colorado at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. / /Remainder of Page Intentionally Left Blank// IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of 5 2013. EAGLE COUNTY, COLORADO By and through its Board of County Commissioners ATTEST A-5^�. �kc,- A By: Clerk of the B County Commissioners , Chairman GRAND RIVER CONSTRUCTION By: Q� Its: STATE OF COLORADO ss: County of Eagle The foregoing instrument was acknowledged before me this S 1 , day of /t,49 y 2013. My commission expires: Z - Z-8 - ZO.( s gas Agreement Page 8 Project Name: 2013 Overlay Project Date: 8- May -13 V Overlay Project budget: �}Y&W VIA\r--ey EXHIBIT 'W* EAGLE COUNTY 2013 OVERLAY PROJECTS ZKOWDE01110% Location Description OTY Unit Unit price Amount Missourl Overlay Sam Grange Ct, $2.00 $6,002.00 Heights / El with 3" (in two lifts) of HBP - 568 ton $10,000.00 Materials sampling. testing,. and inspection. Jebel SX. PG 58-28 $10,000.00 $10,000.00 $77.00 $43,736.00 5 Overlay Lynns Ct, with 3" (in $35.00 $175.00 1 Manhole adjustment two lifts) of HBP -SX, PG 58- 230 ton $45.00 28 $77.00 $17,710.00 Overlay Mountain View Rd. with 3" (in two lifts) of HBP - 1576 ton SX, PG 58-28 $77.00 $121,352.00 Overlay Green Meadow Dr. with 3" (in two lifts) of HBP - 1530, ton SX, PG 58-28 $77.00 $117,810.00 Overlay Milburn Ct. with 3" (in two lifts) of HBP -SX, PG 632 ton 58-28 $77.00 $48,664.00 Overlay Fender Ln. with 3" (in two lifts) of HBP -SX, PG 416 ton 58-28 q $77.00 $32,032.00 Install Tencate Mirafi (Tru Pave) fiberglass paving mat per manufacturer's installation guidelines and 30,011 Sq. Yd, special provisions stated in EXHIBIT ' "B ". $3.35 $100,536.8,r Non Emusified asphalt 1 cement binder PG 58-28 5.402 gal (see exhibit "B") $2.85 $15,395.70 Emulsified asphalt tack CSS- 41 1- 3.001 gal TOTAL FOR PROJECT #1 1$523,458.55 Five Hundred Twenty-Three Thousand Four Hundred Fifty Eight and 55/100 Dollars in (see exhibit 8 ) $2.00 $6,002.00 Construction zone traffic control 1 Lump sum $10 $10,000.00 Materials sampling. testing,. and inspection. 1 Lump sum $10,000.00 $10,000.00 Valve box adjustment 5 Lump sum $35.00 $175.00 1 Manhole adjustment 1 Lump sum $45.00 $45.00 TOTAL FOR PROJECT #1 1$523,458.55 Five Hundred Twenty-Three Thousand Four Hundred Fifty Eight and 55/100 Dollars PROJECT NOTES: 1. Manhole and valve box adjustment "lump sum" shall be the cost to adjust the quantities listed. 2. Final manhole and valvebox counts may vary from what is listed. 3. Installation of interlayer must be performed by trained installers. 4. First lift of HPB shall be a 1" levelling course. 5. Fender In. paving shall be from Upper Cattle Creek Rd. west to Sierra Vista intersection. 6. Material quantities may be adjusted depending on bid results. 2013 OVERLAY PROJECT - SPECIAL PROVISIONS #1. A 1" leveling course shall be applied to roads specified in EXHIBIT "A" using CSS -1h emulsion for a tack coat. The rate of application shall be .1 gal. / sq. yd. #2. Spray top of leveling course with .18 gal per square yard of AC 10 PG 58 -28 asphalt cement binder and Install Tencate Mirafi (Tru Pave) fiberglass paving mat on top of leveling course immediately after binder is applied with a distributor truck. The asphalt binder shall be applied at a temperature of between 350 and 400 degrees F. #3. The spray application shall be four inches wider than the width of the fabric. #4. All wrinkles or "dry folds" in the Tru Pave fabric over 1" must be cut and laid down flat. #5. A 2" top lift shall be applied to roads specified in EXHIBIT "A ". #6. All roads in EXHIBIT "A" shall receive Tru Pave material. #7. The hot mix asphalt shall be no less than 260 degrees F behind the paver as it is applied. ROAD & BRIDGE DEPARTMENT GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Owner. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, quality, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 10. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. 11. Contractor shall keep the premises /work site and surrounding area free from accumulation of debris and trash related to the Work. 12. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. Contractor shall also furnish other bonds as are required by the supplementary conditions. All bonds shall be in forms satisfactory to Owner, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by 'an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of the preceding paragraph, Contractor shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to Owner. 13. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor's Work is damaged by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: 14.1 The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment, and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter. 14.2 Insurance coverage shall be as follows: 14.2.1 Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado. 14.2.2 Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; and Claims for damage because of bodily injury, sickness, disease, or death of any person other than his employees; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from; and Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the Agreement; and Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under the Agreement performed for the Contractor by subcontractors; and Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Insurance covering claims for damages to persons or property required above shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $2,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $2,000,000 Aggregate: $4,000,000 14.2.3 Comprehensive Automobile Insurance for any, owned, hired and non - owned vehicles used in the performance of this Agreement shall be carried in the amount of $1,000,000 for bodily injury and property damage, each occurrence (or each accident). 14.3 All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage forms of policies, as the case may be. 14.4 The Contractor shall in addition, and in the amounts required under the above, obtain protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Owner with respect to all operations under the construction contract by the Contractor or his subcontractors, including omissions and supervisory acts by the Owner. 14.5 Builder's Risk Insurance: Insofar as the Work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by Owner, Contractor shall procure and maintain, for the duration of the Work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contract price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this contract which is considered not to exceed one hundred percent (100 %) of the amount of this contract and authorized extras. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the Owner to do Work on the projects. 14.6 Comprehensive Risk Policy Option: In lieu of the several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the Owner, may be permissible. 14.7 Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all subcontractors, and any and all others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or persons whom the Owner deems to have an' insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or' damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. 14.8 Certificates of Insurance Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain provisions naming the Owner as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given the Owner. Contractor and his subcontractors shall not permit any of his subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the Owner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner's rights hereunder. 15. Owner in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under this Agreement by the Contractor, its agents, representatives, employees, or subcontractors. Owner, at its option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of his subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his own policy. 17. Contractor agrees to indemnify, hold harmless and, not excluding the Owner's right to participate, defend Owner, its associated or affiliated entities, its elected officials, employees, agents and volunteers and any jurisdiction or agency issuing permits for any Work under this Agreement, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the Work or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to confirm to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, Contractor agrees to waive all rights of subrogation against Owner, its elected officials, employees, agents and volunteers for losses arising from the work performed by Contractor for Owner. 18. After execution of the Agreement, changes in the Work may be accomplished by Change Order or by order for a minor change in the Work. Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions. a. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made. b. A Change Order shall be a written order to the Contractor signed by Owner to change the Work. C. Owner will have authority to order minor changes in the Work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly. 19. Progress Payments: If the project is subject to progress payments, not more often than once a month, Contractor shall submit to Owner an application for payment filled out and signed by Contractor covering the work completed as of the date of the application, and accompanied by such supporting documentation as Owner may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at. another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner's title to the material and equipment, and protect Owner's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Owner will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. Owner shall, within twenty days of recommendation of payment, pay Contractor the amount recommended. 20. Final Payment: Upon written notice from Contractor that the work is complete, Owner will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as'are necessary to remedy such deficiencies. Defects are those identified by an Eagle County Official(s) and shall be judged on quality by that Official(s). After Contractor has completed all such corrections to the satisfaction of Owner, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents or as -built drawings covering all of the Work, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any lien. 21. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38 -26 -107. 22. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens "). 23. Contractor's obligation to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the contract documents or, a release of Contractor's obligation to perform the Work in accordance with the contract documents. 24. If Contractor fails to correct Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop the Work until the correction is made. 25. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 26. Contractor warrants to Owner that: (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work will be free from defects not inherent in the quality required or permitted; defects are those identified by an Eagle County Official(s) and shall be judged on quality by that Official(s) and (3) the Work will conform to the requirements of the Agreement. 27. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one year after the date of completion, or such longer period of time as may be set forth in the Agreement (including the Bid), prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site, and replace it with nondefective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 28. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 29. The performance of the Work may be terminated at any time in whole, or from time to time in part, by Owner for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ( "Notice of Termination ") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner's property). Among other things, Contractor shall, except as otherwise directed or approved by Owner: a. stop the Work on the date and to the extent specified in the Notice of Termination; b. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; C. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. 30. In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost incurred after the effective date of the Notice of Termination shall be treated as a reimbursable cost unless it relates to carrying out the unterminated portion of the Work or taking closeout measures. 31. The parties hereto understand and agree that Owner is relying on, and does not waive or intend to waive by any provision of the Contract Documents, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act et. seq., as from time to time amended, or otherwise available to the Owner, its affiliated entities, successor, or assigns, or its elected officials, employees, agents and volunteers. SPECIFICATIONS 0 DRAWINGS OP ID: IT AAt74(:>R_ ©° �r CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 06106113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER 970 - 945 -9111 Neil 1 576 g Agency, Inc. 970- 945 -2350 PO Box 1 Glenwood Springs, CO 81602 John Neil CONTACT NAME: Iryna Trau er PHONE 970 - 945 -9111 Al ac No Ext c No) 970 - 945 -2350 aooR itrauger@neii PRODUCER CUSTOMER ID #: GRAND-1 INSURERS AFFORDING COVERAGE NAIC # INSURED Grand River Construction Co. PO Box 1236 Glenwood Springs, CO 81602 INSURER A: Pmnacol Assurance 2X6854414 INSURER 8 : Employers Mutual Casualty Co. 04!01/14 INSURERC:Allianz Global Corporate & S e 22837 INSURER D: $ 100,00 INSURER E: $ 5,00 INSURER F: $ 1 COVERAGES CERTIFICATE NUMBER: 2 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT 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 CONTRACT OR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County, Colorado PO Box 250 POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FK OCCUR X X 2X6854414 04/01/13 04!01/14 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP /OP AGG $ 2,000,00 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS 2X6854414 04/01113 04101/14 COMBINED SINGLE LIMIT (Ea accident) $ 1 ,000,00 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 2X6854414 04101/13 04!01/14 EACH OCCURRENCE $ 7,000,00 AGGREGATE $ 7.000,00 DEDUCTIBLE RETENTION $ 10,000 $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y i❑NN OFFICERIMEMBER EXCLUDE D? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X 4041776 04/01/13 04101114 X WC STATU- OTH- TORY L IMITS E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 C Equipment Floater MZ198472417 04/01113 04/01/14 I LSdlRtd 150,00 Deduct 10,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Holder is included as Additional Insured under General Liability in respect to ongoing & completed operations performed by insured on behalf of holder as required by written contract per form CG7174.3. Waiver of Subrogation applies on General Liability &Worker's compensation as required by written contract RE: Missouri Hei hts /El Jebel Overlay Pro'ect. SEE NOTE> lac GTlcit%ATC ur%i nco f_Aldf`PI I ATIf11d EAGLE -9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County, Colorado PO Box 250 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle, CO 81631 AUTHORIZED REPRESENTATIVE I�� lr La�4!GQLr� ©1988 -2009 ACORD CORPORATION. All rights reserveu. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 'NOTEPAD: HOLDER CODE EAGLE -9 GRAND -1 PAGE 2 ' INSURED'S NAME Grand River Construction Co. OP ID: IT DATE 06/06/13 Builder's Risk coverage added to policy #MZI98472417 in the amount of 600,000 with $10 00Wdeductible for the duration of the paving job for issouri Heights/El Jebel Overlay Project. 7501 E Lowry Blvd PIMMAACOL Denver, 80230 -7006 Phone: (3030 3) 361 -4400 / (800) 873 -7242 ASSURANCE Fax: (303) 361 -5000 / (888) 329 -2251 www.pinnacol.com INSURED: Grand River Construction Co P O Box 1236 Glenwood Springs, CO 81602 ENDORSEMENT:. Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4041776 AGENT: Neil- Garing Agency, Inc. PO Box 1576 Glenwood Springs, CO 81602 (970) 945 -9111 We have the right to recover our payments from anyone liable for any injury covered by this policy. We will not enforce our right against the person or organization named in the schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the schedule. To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date: April 1, 2013 Expires on April 1, 2014 Pinnacol Assurance has issued this endorsement April 1, 2013. Michelle Mena Underwriter Pinnacol Assurance ` 7501 E Lowry Blvd ` Deriver. CO 80230 Page 1 of 1 - ISA - 04!01!2013 14:29:33 4041776 - Updated: 05/09/2007 359-8 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - CONSTRUCTION CONTRACTS INCLUDING COMPLETED OPERATIONS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; 2. The acts or omissions of those acting on your behalf, in the performance of: a. your ongoing operations for the additional insured; or b. "Your work" for the additional insured and included in the "products — completed operations hazard ". B. Wdh respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury," "property damage" and "personal and advertising injury" arising out of the rendering of, or failure to render, any professional, architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. C. The limits of insurance applicable to the additional insured are those specified in the Declarations of this policy or in the written contract or written agreement, whichever is lower. D. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether that insurance is primary, excess, contingent or on any other basis, unless you and the additional insured have specifically agreed in a written contract or written agreement that this insurance be primary. When coverage is provided on a primary basis we will not seek contribution from any other insurance available to the additional insured if a written contract or written agreement requires that this insurance be noncontributory. E. All other terms and conditions of this policy remain unchanged. CG7174.3(1 -08) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is deleted and replaced by the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". CG7555(11 -04) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 PERFORMANCE BOND Bond # S391122 KNOW ALL MEN BY THESE PRESENTS: That Grand River Co nstruction Co (Name of Contractor) P.O. Box 1236, Glenwood Springs, CO 81602 (Address of Contractor) a Corporation hereinafter called Principal, (corporation, Partnership or Individual) and EmDlovers Mutual Casualtv Comnan (Name of Surety) P.O. Box 712, Des Moines, IA 50306 (Address of Surety) Hereinafter called Surety, are jointly and severally held and firmly bound unto Eagle County Road & Bridge (Name of Owner) P.O. Box 250, Eagle, CO 81631 (Address of Owner) hereinafter called OWNER, in the penal sum of FIVE HUNDRED TWENTY -THREE THOUSAND FOUR HUNDRED FIFTY -EIGHT AND 55 /100THS DOLLARS, ($523,458.55 ) in lawful money of the United States, for the payment of which sum well and and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 31 day of May 2013 a copy of which is hereto attached and made a part hereof for the construction of: 2013 Overlay Project NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Page 1 of 2 XDP PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. Additionally, the Surety agrees to be bound by and fully comply with all of the provisions of the Contract that is the subject of this BOND. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 1 counterparts, each one (number) of which shall be deemed an original, this 3 day of June 2013 ATTEST: Strand River Construction Co Pr' By (Principal) Secretary (SEAL) Wit ss ago Principal P.O. Box 1236 (Address) Glenwood Springs, CO 81602 P.O. Box 1236 (Address) Glenwood Springs, CO 81602 Employers Mutual Casualty Company ATTEST: surety By �. Witness as to Surety Ashley K. An Attomey -in -Fact er on 2742 Crossroads. Blvd P.O. Box 712 (Address) (Address) Grand Junction, CO 81506 Des Moines, IA 50306 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT'is located. (Accompany this bond with Attorney -in- fact's authority from the Surety to execute bond, certified to include the date of the bond.) Page 2 of 2 PAYMENT BOND Bond # S391122 KNOW ALL MEN BY THESE PRESENTS: That Grand River Construction Co (Name of Contractor) P.O. Box 1236, Glenwood Springs, CO 81602 (Address of Contractor) Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and Employers Mutual Casualty Company (Name of Surety) P.O. Box 712, Des Moines, IA 50306 (Address of Surety) Hereinafter called Surety, are jointly and severally held and firmly bound unto Eagle County Road & Bridge (Name of Owner) P.O. Box 250, Eagle, CO 81631 (Address of Owner) hereinafter called OWNER, in the penal sum of FIVE HUNDRED TWENTY -THREE THOUSAND FO UR HUNDRED FIFTY -EIGHT AND 55 /100THS DOLLARS, ($523,458.55 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS .OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 31 day of May 2013 a copy of which is hereto attached and made a part hereof for the construction of: 2013 Overlay Project NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Page 1 of 2 XDP PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. Additionally, the Surety agrees to be bound by and fully comply with all of the provisions of the Contract that is the subject of this BOND. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in of which shall be deemed an original, this 3 day of ATTEST: counterparts, each one (number) June 2013 Grand River Construction Co rincipai) Secretary (S as to Principal P.O. Box 1236 (Address) Glenwood Springs, CO 81602 Principal By P.O. Box 1236 (Address) Glenwood Springs, CO 81602 Employers Mutual Casualty Company ATTEST: Witness as t Surety 2742 Crossroads Blvd (Address) Grand Junction, CO 81506 Surety By Ashley K. Andle s n Attomey -in -Fact P.O. Box 712 (Address) Des Moines IA 50306 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. (Accompany this bond with Attorney -in- fact's authority from the Surety to execute bond, certified to include the date of the bond.) Page 2 of 2 /EMCInsu Companies,. P.O. Box 712 Des Moines, Iowa 50306 -0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint: TIMOTHY J. BLANCHARD, ANDREW P. WALTERS, ASHLEY K. ANDERSON, JONATHAN B. LAND, INDIVIDUALLY, GRAND JUNCTION, COLORADO its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2015 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of- Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of- attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of June, 2010. Seals CO INSU . O .`' `�'ZY g '�. Q O pPOR y . G % tn: %O. _ j _ 2= SEAL;;; Z 1863 _0 1953 �% ..z. IOWA "SO IV,F'., oil? C � ,% ` ` Op C' O% � p - SG fF _�D r F ' � 40 9l F . - :W: SEAL =<= :1i SEAL;, �: SEAL IOWA O RTF{ �ON 'yOINES• MUTUAI h o�MUTUq A sa 9 m o P u► LAUREL A. GLOSS COMMISSION NO. 183662 MY COMMISSION EXPIRES /NEs. �3 IOWN 3 — 144 / -!, Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 Michael Freel Assistant Secretary On this 22nd day of June, AD 2010 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and /or Assistant Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. c qpc� a 6L& Notary Public in and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of June, 2010, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 3 day of June 2013 �/' Vice President