HomeMy WebLinkAboutC16-152 Ewing Trucking and Construction LLCAGREEMENT FOR THE SUPPLY AND DELIVERY OF GRAVEL BETWEEN
EAGLE COUNTY, COLORADO
AND
EWING TRUCKING AND CONSTRUCTION. LLC
THIS AGREEMENT ("Agreement") is effective as of the tday ot ,/lhFl , 2016 by and
between Ewing Trucking and Construction, LLC, a Colorado limited liability company (hereinafter "Vendor") and
Eagle County, Colorado, a body corporate and politic (hereinafter "County'').
RECITALS
WHEREAS, County desires to purchase road base/gravel for its various County roads from Vendor; and
WHEREAS, Vendor agrees to supply and deliver to County 3/o" CDOT specification road base/gravel (the
"Materials") as more specifically provided in Vendor's bid; and
WHEREAS, Vendor is authorized to do business in the State of Colorado and has the time, skill, expertise, and
experience necessary to provide the Materials and/or materials as set forth below in paragraph I hereof; and
WHEREAS, this Agreement shall govern the relationship between Vendor and County in corurection with the
procurement and delivery of Materials.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Vendor and County agree as
follows:
l. Materials. Vendor shall supply and deliver 3/i' CDOT specification road base for Projects #1,#2,#3,#5,
#7 and #8 of the Eagle County 2016 Gravel Project and as requested by County from time to time during the period
commencing April 18, 2016 and ending September 30,2016 and as more specifically provided in Vendor's bid,
which is attached hereto as Exhibit A and incorporated herein by reference. The %" CDOT specification road base
is hereinafter referred to as the "Materials" and delivery of the Materials is hereinafter referred to as the "Services."
During the term of this Agreement, County may contact the Vendor from time to time, to schedule delivery of the
Materials. Vendor shall have the Materials available and shall be able to perform the Services as requested and as
set forth in Exhibit A. County has no obligation to purchase any specified amount of the Materials. Materials will
be purchased by County at County's sole discretion. The Materials and Services shall be provided in accordance
with the provisions and conditions of this Agreement.
a. Vendor agrees to furnish and deliver the Materials from April 18,2016 through September 30,
2016 and in accordance with the schedule established in Exhibit A. If no date is specified in Exhibit A, then Vendor
agrees to furnish the Materials in a timely and expeditious manner. By signing below, Vendor represents that it has
the expertise and personnel necessary to properly and timely provide the Materials.
b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit
A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement
shall prevail.
e)Cou' rrty Attorney's Offl ce
Fa gie Cc r"i r-ity fl )mrni's$ionersr OfflcQC16-152
c. County shall have the right to inspect all Materials. Inspection and acceptance shall not be
unreasonably delayed or refused. In the event County does not accept the Materials for any reason in its sole
discretion, then vendor shall upon county's request and at no charge to county:
take the Materials back;
exchange the Materials; or
repair the Materials.
d. Liquidated Damages: County and Vendor recognize that time is of the essence of this Agreement
and that County will suffer financial loss if the Materials are not available as specified in paragraph L They also
recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss
suffered by County if the Materials are not available on time. Accordingly, instead of requiring such proof, County
and Vendor agree that as liquidated damages for delay (but not as a penalty) Vendor shall pay County Three
Hundred dollars ($300.00) for each day the Materials are not available as set forth in Exhibit A.
2. Countv's Representative. The Eagle County Road & Bridge Director, or his designee shall be Vendor's
contact with respect to this Agreement.
3. Term of the Agreement. This Agreement shall commenae upon the date first written above, and subject to
the provisions of paragraph 10 hereof, shall continue in full force and effect through the 30th day of September,
2016.
4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties.
No additional Materials shall be provided by Vendor unless and until Vendor has obtained written authorization and
acknowledgement by County for such additional Materials in accordance with County's internal policies.
Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied
acceptance of alterations or additions to the Materials, and no claim that County has been unjustly enriched by any
Materials, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the
compensation payable hereunder. In the event that written authorization and acknowledgment by County for such
additional Materials is not timely executed and issued in strict accordance with this Agreement, Vendor's rights with
respect to such additional Materials shall be deemed waived and such failure shall result in non-payment for such
additional Materials.
5. Compensation. County shall compensate Vendor for the Materials in a sum computed and payable as set
forth in Exhibit A. The Materials under this Agreement shall not exceed $320,848.39.
a. Payment will be made for Materials satisfactorily delivered and accepted by County within thirty
(30) days of receipt of a proper and accurate invoice from Vendor. All invoices shall include detail regarding the
Materials and such other detail as County may request.
b. If, at any time during the term or after termination or expiration of this Agreement, County
reasonably determines that any payment made by County to Vendor was improper becauSe the Materials for which
payment was made were not provided as set forth in this Agreement, then upon written notice of such determination
and request for reimbursement from County, Vendor shall forthwith return such payment(s) to County. Upon
termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be
returned to County.
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Eagle County Materials and Materials Agreemant 5/14
c. County will not withhold any taxes from monies paid to the Vendor hereunder and Vendor agrees
to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to
the terms of this Agreement.
d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after
December 3l of any year, without an appropriation therefor by County in accordance with a budget adopted by the
Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes, the Local
Govemment Budget Law (C.R.S. 29-l-l0l et. seq.) and the TABOR Amendment (Colorado Constitution, Article X,
Sec.20).
6. Insurance. Vendor agrees to provide and maintain at Vendor's sole cost and expense, the following
insurance coverage with limits of liability not less than those stated below:
Types oflnsurance.
Workers' Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $ I ,000,000 each accident combined
bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned
vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personaVadvertising injury, products/completed operations, broad form property damage with limits of liability not
less than $ I ,000,000 per occurrence and $ I ,000,000 aggregate limits.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be endorsed to include
Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and
volunteers as additional insureds. A certificate ofinsurance consistent with the foregoing requirements is attached
hereto as Exhibit B.
ll.
termination hereof.
The insurance provisions of this Agreement shall survive expiration or
ln. The parties hereto understand and agree that the County is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and
protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise
available to County, its affrliated entities, successors or assigns, its elected officials, employees, agents and
volunteers.
iv. Vendor is not entitled to workers' compensation benefits except as
provided by the Vendor, nor to unemployment insurance benefits unless unemployment compensation coverage is
provided by Vendor or some other entity. The Vendor is obligated to pay all federal and state income tax on any
moneys paid pursuant to this Agreement.
7. Indemnification. The Vendor shall indemnifu and hold harmless County, and any of its officers, agents and
employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any
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Eagle County Materials and Materials Agreement 5/14
such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any
performance or nonperformance by Vendor or any of its subcontractors hereunder; and Vendor shall reimburse
County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to
claims by third parties against the County to the extent that County is liable to such third party for such claims
without regard to the involvement of the Vendor. This paragraph shall survive expiration or termination hereof.
8. Documents. Vendor shall execute any bill of sale or other documents required by County to transfer title
of the Materials to County. Vendor shall provide copies of any instruction or operations manuals and shall further
provide copies of any manufacturers warranties associated with the Materials.
9. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally
delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx
or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv)
when sent via facsimile so long as the sendingparty can provide facsimile machine or other confirmation showing
the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with
confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days
prior written notice of such change to the other party.
Eagle County, Colorado
Attention: Road & Bridge Department
Post Office Box 250
Eagle, CO 81631
Telephone: 97 0 -328-3 5 40
Facsimile: 97 0-328-3546
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-38-8685
Facsimile: 970-328-8699
E-Mail : atty @eaglecounty. us
VENDOR:
Ewing Trucking and Construction, LLC
28 2od Street Un1t2l2
Post Office Box 2303
Edwards, CO.81632
Telephone: 97 0-926-27 7 0
Facsimile: 97 0-926-47 36
E-mail: bart@ewinstrucking.com
10. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason,
with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Vendor.
Upon termination of this Agreement, Vendor shall immediately provide County with all documents as defined in
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Eagle County Materials and Materials Agreement 5/14
paragraph 8 hereof, in such format as County shall direct and shall return all County owned materials and documents
in the possession of Vendor, if any. County shall pay Vendor for Materials satisfactorily inspected and accepted to
the date of termination.
I l. Venue. Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this
Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be
governed by the laws of the State of Colorado.
12. Execution by Countemarts: Electronic Sisnatures. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same
instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following
two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or
facsimile delivery of a fully executed copy of the signafure page; (ii) the image of the signature of an authorized
signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-10l to l2l.
13. Other Contract Requirements and Vendor Representations.
a. Vendor has familiarized itself with the intended purpose and use of the Materials to be provided
hereunder, the intended use of such Materials by County, and with all local conditions, federal, state and local laws,
ordinances, rules and regulations that in any manner affect cost, progress, or Materials.
b. Vendor will make, or cause to be made, examinations, investigations, and tests as he deems
necessary for the performance of this Agreement.
c. The fact that the County has accepted or approved the Materials shall not relieve Vendor of any of
its responsibilities. Vendor represents and warrants that it has the expertise and personnel necessary to properly
perform the terms of this Agreement. Vendor shall provide appropriate supervision to its employees to ensure the
performance in accordance with this Agreement. Vendor will provide the Materials in a skillful, professional and
competent manner and in accordance with the standard of care applicable to vendors supplying similar Materials.
d. Vendor warrants merchantability and fitness of the Materials for its intended use and purpose.
e. Vendor hereby represents and warrants that the Materials will be new and guarantees all Materials
against defects for a period of one (l) year from the date the Materials is accepted by County, or such longer period
as may be provided by the law or as otherwise agreed to by the parties.
f. All guarantees and warranties of Materials furnished to Vendor by any manufacturer or supplier
are for the benefit of County. If any manufacturer or supplier of any Materials furnishes a guarantee or warrantee
for a period longer than one (l) year, then Vendor's guarantee or warrantee shall extend for a like period as to such
Materials.
g. Vendor warrants that title to all Materials shall pass to County either by incorporation into the
County facility or upon receipt by Vendor of payment from County (whichever occurs first) free and clear of all
liens, claims, security interests or encumbrances. Vendor further warrants that Vendor (or any other person
performing Wo.$ purchased all Materials free and clear of all liens, claims, security interests or encumbrances.
Notwithstanding the foregoing, Vendor assumes all risk of loss with respect to the Materials until County has
inspected and approved the same.
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Eagle County Materials and Materials Agreement 5/14
h. Within a reasonable time after receipt of written notice, Vendor shall correct at its own expense,
without cost to County, and without intemrption to County:
t. Any defects in Materials which existed prior to or during the period of any guarantee or
warranty provided in this Agreement; and
ii. Any damage to any property caused by such defects or the repairing of such defects.
i. Guarantees and warranties shall not be construed to modifu or limit any rights or actions County
may otherwise have against Vendor in law or in equity.
j. Vendor agrees to work in an expeditious manner, within the sound exercise of its judgment and
professional standards, in the performance of this Agreement. Time is of the essence witl respect to this
Agreement.
k. This Agreement constitutes an agreement for performance by Contractor as an independent
Contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a
relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between
County and Vendor except that of independent Vendor. Vendor shall have no authority to bind County.
l. Vendor represents and warrants that at all times in the performance of the Agreement, Vendor
shall comply with any and all applicable laws, codes, rules and regulations.
m. This Agreement contains the entire agreement between the parties with respect to the subject
matter hereof and supersedes all other agreements or understanding between the parties with respect thereto.
n. Vendor shall not assign any portion of this Agreement without the prior written consent of the
county. Any attempt to assign this Agreement without such consent shall be void.
o. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations
hereunder are reserved solely for the parties, and not to any third party.
p. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver
thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach.
q' The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability ofany other provision hereof.
r. The signatories to this Agreement aver to their knowledge no employee of the County has any
personal or beneficial interest whatsoever in the Materials described in this Agreement. The Vendor has no
beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the
Agreement and vendor shall not employ any person having such known interests.
s. The Vendor, ifa natural person eighteen (18) years ofage or older, hereby swears and affirms
under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this
Agreement.
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Eagle County Materials and Materials Agreanent 5/14
14. Prohibitions on Government Contracts.
As used in this Section 14, the term undocumented individual will refer to those individuals from foreign
countries not legally in the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Vendor has any employees or
subcontractors, Vendor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this
Agreement, Vendor certifies that it does not knowingly employ or contract with an undocumented individual who
will perform under this Agreement and that Vendor 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 Services under this Agreement.
Vendor shall not:
i. Knowingly employ or contract with an undocumented individual to perform Services
under this Agreement; or
ii. Enter into a subcontract that fails to certify to Vendor that the subcontractor shall not
knowingly employ or contract with an undocumented individual to perform work under the public contract for
services.
b. Vendor has confirmed the employment eligibility of all employees who are newly hired for
employrnent to perform Services under this Agreement through participation in the E-Verifu 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://www.dhs. gov/xorevprot/programs/gc_l 1 8522 I 678 I 50.shtm
c. Vendor shall not use either the E-verify program or other Department Program procedures to
undertake pre-employment screening ofjob applicants while the public contract for services is being performed.
d. If Vendor obtains actual knowledge that a subcontractor performing work under the public
contract for services knowingly employs or contracts with an undocumented individual, Vendor shall be required to:
Notifu the subcontractor and County within three (3) days that Vendor has actual
knowledge that the subcontractor is employing or contracting with an undocumented individual; 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 undocumented individual; except that Vendor shall not terminate the contract with the
subcontractor ifduring such three (3) days the subcontractor provides information to establish that the subcontractor
has not knowingly employed or contracted with an undocumented individual.
e. Vendor 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.s-102(5).
f. If Vendor violates these prohibitions, County may terminate the Agreement for breach of contract.
If the Agreement is so terminated specifically for breach of this provision of this Agreement, Vendor shall be liable
for actual and consequential damages to County as required by law.
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Eagle County Materials and Materials Agreement 5/14
g. County will notif, the Colorado Secretary of State if Vendor violates this provision of this
Agreement and County terminates the Agreement for such breach.
IREST OF PAGE INTENTIONALLY LEFT BLANKI
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Eagle County Materials and Materials Agreanent 5/14
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
By:
VENDOR:
EWING TRUCKING AND CONSTRUCTION, LLC
ritre: fl nwa6z"(
before me
(name
W day ofthis by
its
of
')- ))-4v.
st"t" "r &loErk/O
county a]fuil;-l
The foregoing
NOTARYPLIBLIC
Print Name:
My commission expires:
)
)
was acknowledged
(itle) of
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
of
ooi'l"T !(1{tu-"
9
Eagle County Materials and Materials Agreement 5/14
Attest:
Teak J. Simonton. Clerk to the Board
y'r, ) , 2016
acknowledged),
NOTARY PUBLIC
STATE OF COLORADO
NOTARY rO # 20084025854
PROPOSAL FORIU
THTS PROPOSAL FOR}{ MUST BE SUBI\TITTED WITH YOUR BID
TO: Eagle County, Colorado
500 Broadway
Post Office Box 850
Eagle, CO 81631
Re: 2016 GravelProject
The undersigned, having examined the Instructions to Bidders and any and all documents related
to the above referenced project:
(a) Agree to comply rvith all conditions, requirements, and instructions of the bid
documents as stated or implied therein;
(b) Acknorvledges the right of Eagle County, Colorado in its sole discretion to reject any
or all bids submitted, and that an arvard may be made even though not the lorvest
cost;
(c) Acknorvlcdges and agrees that the diseretion of Eagle County, Colorado in selection
of the successful bidder or bidders shall be final, not subject to revierv or attack; and
(d) Acknowledges that this bid is made rvith full knorvledge of the foregoing and full
agreement thereto.
By subrnission of this bid, and signature belorv, the bidder acknorvledges that he has the
authority to sign this Proposal Form and bind the company named below. The bidder further
acknorvledges that Eagle County, Colorado has the right to make any inquiry or investigation it
deems appropriate to substantiate or supplement information contained in the bid and related
documents, and authorizes release to Eagle County of any and all information sought in such
inquiry or investigation.
companyName: f +,frhJtil#t&l! + 6q*?P-(BtErp*> r;-c
Titfeof Proposer: I]nAru*ee
Signature ofProposer:
BID FORM
PROJECT IDENTIFICATION: EAGLE COTINTY 2016 GRAVEL PROJECT, as identified
on Exhibit A, attached hereto and incorporated herein.
THIS BID IS SUBMITTED TO: EAGLE COI.JNTY ROAD & BRIDGE DEPARTMENT
Mailing:Eagle County Road & Bridge Department
Attn: John Harris, District Supervisor
P. O. Box 250
Eagle, CO 81631
Eagle County Road & Bridge Department
Attn: John Hanis District Supervisor
3289 Cooley Mesa Road
Gypsum, Colorado 81637
Physical:
l. The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter
into an Agreement rvith OWNER in the form included in the Coniract Documents
to complete all work as specified or indicated in the Contract Documents for the
contract price and rvithin the contract time indicated in this bid and in accordance
rvith the Contract Documents
2. BIDDER accepts allof the terms and conditions of the Instructions to Bidders,
including rvithout limitation those dealing rvith the disposition of bid security. This
bid will remain open for thirty (30) days after the day of bid opening. BIDDER will
sign the Agreement and submit the contract security and otherdocuments
required by the contract Documents within fifteen ( l5) days after the date of
OWNER'S Notice of Award.
3. In submitting this bid, BIDDER represents, as more fully set forth in the
Agreement, that:
(a) BIDDER has examined copies of all the Contract Documents and of the
following addenda:
Date
(No addenda to Date)
Number
(Receipt of allofwhich is hereby acknowledged) and also copies of the
Advertisernent of Invitation to Bid and the [nstructions to Bidders;
(b) BIDDER has examined the site and locarity where the work is to be
performed, the legal requirements (federal, state, and local larvs,
ordinances, rules, and regulations), and the conditions affecting cost,
progress, or performance of the work, and has made such independent
investigations as BIDDER deems necessary;
(c) This bid is genuine, and not made in the interest of, or on behalf o[, any
undisclosed person, firm, or corporation, and is not submitted in
conformity rvith any agreement or rutes of any group, association,
organization, or corporation; BIDDER tras not, directly or indirectly,
induced nor solicited any other bidder to submit a false or sham bid;
BIDDER has not solicited nor induced any person, firm, or corporation to
refrain from bidding; and BIDDER has not sought by cottusion to obtain for
himself any advantage over any other bidder or ou"iOWNgR.
4. BIDDER rvill complete the Services for the follorving lump sum and unit prices:
PLEASE USE EXHIBIT 33A'' TOR BID PRICES
5. BIDDER agrees to provide the Product and Services available in the quantities and
locations identified in Exhibit A from April 18,2016 through September 30,20t6.
BIDDER_accepts the provisions of the Agreement as to tiquidated damages in the
event of failure to complete the Services on time.
6. The follorving documents are attached to and made a condition of this bid:
(a) Required bid security in the form of a certified or bank check or bid bond.
7. Communication concerning this bid shallbe addressed to the address of BIDDER
indicated below:
4,rs,tob -f4r:pl lrt)a frp9 f.oostreocf tic,io LL/
PhoneNumber t7O: $flf- a_'trC "
suBMrrrED oN lYl ft( gol^ . lf ,roru.
If BIDDER is:
.An Individual
By:(sEAL)
(lndividual's Name)
Doing business as:
Busincss address:
Phone Number:
A Partnership
By:(sEAL)
(Firm Name)
(General Partner)
Business Address:
Phone Number:
A Corporation
sv, &Ea n$74q 4$#-,fr-r,l.a h,>Srrp al to'r L Lt
(Coqporation Name)
)owno*.. . "(State of Corporation)
(Narne of Pgtson Authorized to Sign)
n ft^Y+6rt
Business Address:
Phone Number:
A Joint Venture
By:
(Name)
(Address)
(Address)
(Each joint venture must sign. The manner of signing for each
individual, partnership, and corporation that is a party to thejoint
venture should be in the manner indicated above)
By:
(coRPoRATE SEAL)
BID BONI)AMCO Insunnce Compery
Nationwidc Mutuel lnsurrncc Comprny
Allicd Propcrty & Cesurlty Insurencc Comprny
I | 00 Loc$t Sl., Dcpt 2fi16 Dcs Moin$, lA 5039l-2006
(866) 3r7-r)457
CONTRACTORT
Ewing Trucking & Conslruction, LLC
P. O Box 2303
Edwards, CO 81632
S{IRETY:
Nationwide Mutual Insurance Company
1100 Locust St., I),ept. 20(b
Des Moines, lA 50391-2006
OWNER:
Eagle County
P. O Box 250
Eagle, CO 81631
BONI) AMOUNT: 5% of Amount Bkl" Five Percent of Amount Bid*
PROJECT:
2016 Eagle County Gravel Ptojeci - Haul and suppty approximately 20,000 Tons of 3/4 Road Base to various
localions in Eagle, Eagle Coung. CO.
The Confizctror and Surety are bound to the Owner in the amount sct forth abovg for the pymcnt of which lhc Contractor
and Surcty bind lhemselves, thcir hein, exccutots, administsators, sucrces!ilrrs and assigns, jointly and sevcrally, rs provided
hcrcin. Thc conditions ofthis Bond are such lhat iflhe Ornrer accepts thc bid of the Contractor within thc timc spccificd in
the bid documenc, or within such time pcriod as may be agrced to by the Ovmer and Coobactor, and thc Contractor cithcr
(l) enters inlo a conhact wilh lhc Owner in accordance with lhc tcrms of such bid, and givcs mch bond or bonds ss may bc
spccificd in thc bidding or Conbact Docum€otl with a surcty admincd in thc jurisdicion of thc Projccr and othcrwisc
acceptrblc to tbe Owncr, for the faithful pcrformanco of such Contract and for the promfl payment of labr and malerial
fumish€d in thc proseurtion thercof on (2) pays to thc Ovmcr lhe difference, no( to cxcccd thc amount ofthis Bm4
betweer the amount specified ir said bid urd such larger amount for which the Oumer mry in good faith contrect with
anothcr party to perform thc wo* covcrcd by said bi4 then lhis obligation shall bc null and voi4 othenrisc to rcnrain in
full force and effecl The Surcty hercby waives any notice of an agrcement between thc Owner and Contractor to cxtcnd
the tirnc in which lhe Owncr mry acept thc bid. Waivcr of notice by thc Surcty shall not rpply to any extcosion cxcccding
sixty (60) days in aggregatc bcyond thc tim€ for ecepbnce of bids specified in the bid doctmcnts, and lhc Oumer ard
Cootractor shall oblain the Surct5r's consent for rn extension beyond sixty (60) days.
Ifthis Bond is issued in connec'tion with a subcontractor's bid to a Conbaclor, the tcrm Contractor in this Bond shall bc
deemed o be a Subcontractor and lhe tcrm Orvncr shsll be decmcd to bc Conhactor.
When lhis Bond hss b€ca fumished o comply with a statuory or othcr tcgal rcquircment in thc losatioa ofthe Prrojcc! any
provision *n this Bond conflic{,ing with said ttrtutory or hgrl rcquircmcnt slull bc dccmcd dcleted hercfmm and pmvisions
conforming !o such st8tutory or other lcgrl rcquircnrcntshall be decmed incorporated hersin. When so ftmishe4 thc intcnt
is that thir bond shall be construcd as a staurtory bond rnd not as a oolnmon taw bond.
Sigred and sealed this I lth day of March, 2016
Mictelle R. Mills , Aftomey{n-Fad
(WIness)
Nationwide Mutual
Thb documcot coofcrrr to Arncrhro tnstitutc of Arci|tcctr Docancnt A310,2010 cdithl
Power of Attorney
KI{OW ALL MEN 8Y THESE PRESENTS T}|AT:
heElnatler rol€rted to severally as the qoornpanf and cotlecllvely as he 'Companles,' sach does hereby make, consltUde and epolnt:
Nationwue Mun al Insurance Company, an Oh{o €orpoatlon
Farmland Mulual lnsurarrc€ C,ompany, an bvra corporalion
Natlonwide Agribuslness Ingurance Conpany, an tolva corporalbn
AMCO lrcurance Company, an hwa coporatbn
Albd Ptopery and Casualty Insuranoe Compary. an lorva corporation
Depo$tors Insurance Gompany, an lowa corporaton
,J**raq 4f
and b blrd fie Company th€rsby, as tully ahd to tha sam€ exlent as lf such lmEurents wsr€ Cgned by th€ duly authorlzod ofllcers ol the Company: ard all ac,ts of said
Ano.n€y pursuanl to ths anhority ghen a.e here0y.alifled and conftmed.
Thk power of albrney ts mads and erscuted puFuarrt to end by auttrority d lhe folloulng rGsolr.llon rbly adopted by t|e boerd ot dlrectqs d rhe Conpany:
'RESOLVED, thatlhe ptesldentt or anyvb€pr69ldsntbe, andeash heribyF, auho|tr€d and enrpomledto aFpolnanorneF,idadcdthoCompe]|},,andb auhorize
them 10 ers€ulo atd delimt on behatl of tte CotrFany any and 8ll bonds, foms, appllcalbni m€morandums, undertaklngs, recognizances, trandors, cantactt 0t
Indemnity, poffd€s, contracBguaranteelrg fielldelltyotpanmsholding poCttonsotpublb orFtvatBlrusl, and other mlllngsobfigatoryln natr€ thaihebusinessol
the Gompanymayr€quhe; ardto rnodlfyorrercfte, wlth orwllhout@Use, anysuch BFpolntmenlor Buho.ltf provided, houover,thaihoauforlygrant€d heebyshdl
an no way llmlt lh€ authority of othet duly auhoriz€d sg€ils to slgn end countErdgn any of said documenB on bshalf ol the Company.'
'RESOLVED FURTH€H, fiat such attorneyeJn-facl shalN havelull poliler and authoriiylo erecue and ds$verany and all such documenE and lo blndthe Company
$tbl€ct bthst€rms and lmhatlons otthepower otadonEylssuedb ttrom, and b attlxbe seal cf theGomparrythcreto;provld€d,however.ttlat sald sealsllailnotb6
necessary for the vaqclty 0f any such documsns,'
Thls power ot albmey ts slgned and s€ald under and bythe followlng by/terys duly a&pled by lhe board ol ditectors ot th€ Company.
TINA M. POS'T
GRAND JUNCTION CO
eachlnth€|tlndiv|dualcapacity-|tslrueand|ew|dattoneyJIr|8ct.wih|uN|porvgerdautho.itybslgn.sea|,andexecuteonhsbe}ullarryanda||mdud
and c*hor obligatory insfiuments of Gimllar naturo, {n ponaltlos nfi erceedlng tho sum of
oNE MTLL|ON FIVE HUNDRED THOUSANI' ANI, NO/t0O UOLLARS I rs{n,ilmJ0
dlrcctbn ol saH @mpanleE.
$udyrtlr
NoteblScd-brt
Ccnnksln Nsnhcr lSl?ES
My Cnndnloo Erpks Mrrcl, i.|. UllT
CEBTIFICATE March 24, zo17
JAMES B. LUMMIS
MICIIELLE R, MILLS
This Powerof Attorney Expire
BDJ l(03-14) m
BRIAN IIIIRE
XATIIERYN B. CLICI(
Erccuthn ol ln3wmanl$ Any vlce pcCdent any-assislant secr€tary or any asslstanl tr€asurer sha[ hare ths pow€r and authority lo slgn or anest all appfov€d
dodlm6nE,-lnsrufn€nts, confiacbt or otherpepers hc@n€&{onvvift lheoperadon d tha buGlnessof theco'Ipany In addltlonb tho chahanol th€ boa.4ihg chlof
er6ctlivs^otflcer,pr€std€nt tleasu,E.or$ecrdary;proybsd.hos|Bve..bo$lgnatul€otanyof tlEmmayhpdnled,ergrawd.orstarnpedonany4proreddocunrern,
oontract, hstrumBnt, o. othil papers of dre Company.
lN,WlTlESs WHEHEOF, tire Company has caused fils lmrumen to be $ealed anqdufi etnsed by ttr€ slgnaure ol hs ofltcer fie
J*dayol Esblnttl, zotc . . ,/l
#eBi./f,Br^ffiffi"*chb|oPer8tn9o||lce'ofNathnv|c|eAgrIrrrshess|nswanoeCompany(w iw im:$f.H'*HfF#Ti'""Tffi3ff11"H"iffi'"iil,"tl,srffi,n#Jxil3,tr:trTr#;
ACKNOVYLEDGIIE}IT
t-F-dtt^ -f's-\l. srArEoF owAcouNwoFprol*: sg
lfi'ofilr'SZ if?-*il,. Onthbl3idayof Feb?uary.2g14.beto{€m€cametheabd/s-nam€dofficerbr t}nOonrpardesab€ald,tD
Z.i.DEAr,i,t Lf:trAl..ll me perconalty hno$tn b b€ th€ otffce. descfted ln and who.cxecut€d rh€ precedlrq lirsilument, and he\$s*f t'**us" iiF&tl-:.!*:".1#id;ljji'trf#l$F"'Jffi'tlffi;SLi33?#f,:'fiffi:?[*#n-rlv saUcorporale seab and his slgnalrrc were duly atfhed ar|d gubscr[ied lDsald InstunBntbytir arnnofyanO
L Foben W lhmet lll, Se.reBry { q|e Companles, do hereby cenity lhatthe foregolng b a lull, lrue and corest coPy d the olglnil pona ot anomey keued bylhecompa4t: lhatf|s tasoltdon Incltdedther€in is E lru€andcorrect transcdpttromthe-ndnulesot lhe meedngF oltheboarasddreaoaanbfresame has n&been nrr6ted
or amend€d ln any manne,; thal sald Teran€ WllllarE was on tho deto oi tie erecurlon of the loregolng power o, alE ney th€ duly eleaed ofticar ol $e Compantes, and
thecorpoleta-so8hend h's slgnatuto as o{fcar werg duly alllrd and subscrb€d tot}€ sald hSrum€ntby the auttlrltyotsaid boatd d drEdors;andthe lorgoi]rg porrrer ol
anornsy ls sdll In fdl lorce and c{trct
l,lobry R bth
My Gommlsslon Explles
r* jl$*o"vlN WITNESS WHEREOFT I tnw hereuruo subscribed my namo as Secntary, and alfired the co.psate s€als of saH Companhs
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--^'ORD'ACOR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDTYYYI')
72 / L5 /2015
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 CONSTTTUTE A CONTBACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
|MPoRTANT:|fthecerti'icateho|derisanADD|T|oNAL|NsURED,thepo|icy(ies1mustu
the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Moody-Valley Insurance Agency, Inc.
760 Horizon Dr, Suite 302
Grand Junction CO 81506
kxili?"'Tonya Raymond
l'I3\1 ,.,. ( 970 ) 248-8300 i l# "^,.
(eiot242-rss4
traymond@moodyins . comE-MAIL
ADDRFSS
INSURER(S) AFFORDING COVERAGE NAIC #
rNsuRERACincinnati Insurance Companies
INSURED
Ewing Trucking and Construction, LLC.
PO Box 2303
Edwards CO 8L632
tNsuFEB B :Pinnacol Assurance 41 190
INSUNER C :
INSURER D:
INSURER E:
INSIJRFN F
COVERAGES TENUMBER:15-17 with forms REVISION NUMBER:
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 REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR IV]AY 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,
NSRITR TYPE OF INSURANCE \D Ot
POLICY NUMBEF
POLICY EFF(MM/DD/YYYY-)POLICY EXPIMM/DD/YW LIMITS
A
x I coMMERCtAL GENERAL LtABtLtTY
f----1I lCIA|MS-MADE lX loccuFt--x EPPOl7 197 I
Additional Insured status
applies only to the
extent provided in
forn cA233CO 05/11.
L/r/2016 l/L/20L7
EACH OCCURRENCE $ 1,000,000
\MAUE IUHtsNIEU
IEMISES fEa occurr€9 100,000
MEO EXP (Any one person)g 5,000
PERSONAL & ADV INJURY $ 1,000,000
GE
x
{,1 AGGREGATE LIMIT APPLIES PER
I colrcv I I ji6"f !j roc
GENEBAL AGGREGATE s 2 ,000, 000
PRODUCTS . COMP/OP AGG 6 2,000,000
Pollution Liability $ 1, 000,000
A
AU'IOMOBILE LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
SCHEDULED
AUTOS
NON-OWNEO
AUTOS
x E8A0 t.7 1 97 1 I/L/20L6 L/r/2077
gMtrINEU SINULE LIMI I 1,000, 000
x BODILY INJUFY (Per person)
BODILY INJURY (Per accident)
FFo-FEFil DAMACE--
Medical oavments $ s, ooo
A
x UMBRELLALTAB I X loccun
EXCESSLTAB I lcLcrvs_Meoe
EPPo171971 t/L/20L6 L/r/20t't
EACH OCCURRENCE s 2.ooo.ooo
AGGFEGATE $ 2.OOO.OOO
oeo I X lRereNrors 1o.ooo
B
ANO EMPLOYERS' LIABILIry
ANy pRopRrEroR/'ARTNER/EXEcu'ut !!
OFFICEB/MEMBER FXCLUDED? I
(Mandatory in NH)
ll ves. describe under
DESCFIPTION OF OPERATIoNS below
N/A
r455742 L/L/20L6 L/L/20L7
v lrtrH I lUl
^lar^TrrrE lc.
E.L, EACH ACCIDENT $ 1. OOO - OOO
E.L. DISEASE . EA EMPLOYE $ 1.OOO.OOO
E,L. DISEASE. POLICY LIMI]$ 1. O00. ooo
A Cargo EPPol7l971 L/t/2076 L/L/20L1 Single Conveyance I 500,000
DEscRlPTloNoFoPERAT|oNs/LocATloNs/VEHlcLEs (AcoRDlol,AdditionalRemarkaschcdule,maybeattachedltmorespac€isrequired)Eagle county, its associated or affiliated entities, its successors and assigns, elected officials,empLoyees, agents and volunteers are Additional Insureds under the conmercial General Liability andAutomobile Liability policies of insurance.
TE HOLDER CANCELLA'
Eagle County Government
500 Broadway
Eagle, CO 81531
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCOROANCE WITH THE POLTCY PROVISIONS.
AUTHORIZED REPRESENTATIVE
fonya Raymond,/TONRAY "v-
ACORD 25 (2O14lO1l
lNSO25 lzoranrr
O 1988-201 4 ACORD CORPORATTON. Ail rights reserved.
The ACORD name and logo are registered marks of ACORD
