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HomeMy WebLinkAboutC13-165 Oldcastle for Highland MeadowsAGREEMENT BETtVEEN EAGLE COUNTY,COLORADO AND OLD CASTLE Sty GROUP,INC. FOR THE HIGHLAND MEADOtVSIWEST VAIL OVERLAY PROJECT THIS AGREEMENT is dated as of this JO day of ,2013,by and between Eagle County,Colorado,and a body corporate and politic,act’ing by and through its Board of County Commissioners (hereinafter called “Owner”),and Oldcastle SW Group,Inc.d/b/a B&B Excavating,a Colorado corporation with its principal place of business at 2273 River Road, Grand Junction,CO 81515 (hereinafter called Contractor”). Owner and Contractor,in consideration of the mutual covenants set forth,agree as follows: ARTICLE I -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 the Highland Meadows/West Vail area:Alpine Drive,Tahoe Drive,Sequoia Drive,Vermont Road and Vermont Court,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 tenns 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. 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 three hundred eleven thousand fifty six dollars and seventy five cents ($311,056.75)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. ARTICLES-PAYMENT PROCEDURES 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 afler 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 perfonriance 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 perfonning 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 ito 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 3 (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 TNTEGRATION: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.0.Box 250 P.O.Box$50 Eagle,CO $1631 Eagle,CO $1631 Telephone:(970)328-3540 Telephone:(970)328-8605 fax:(970)328-3546 fax:(970)328-7207 Contractor: Oldcastle SW Group,Inc.,dba B &B Excavating P0 Box 3609 Grand Junction,CO 81502 Telephone:970-243-4900 Fax:970-328-1735 Mailed notices will be deemed given three business days afler 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://www.dhs.gov/xprevprot/programs/gcl 1852216781 50.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. 9.8 COLORADO LABOR 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.F or 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. //Rcrnctinder of Page Intentionally Left Blank // IN WITNESS WHEREOF,the parties have executed this Agreement this Aay of __________,2013. EAGLE COUNTY,COLORADO By and through its Board of County Commissioners lerkheBoardY ___ County Commissioners OLDCASTLE SW GROUP,d/b/a B&B EXCAVATING By: ________________ Kyle Alpha Its:General Manager STATE OF COLORADO ))ss: County of Eagle ) The forgoing instrument was acknowledged before me by thist”r,dayofW\&j ,2013. DEBBIE WEAVER NOTARY PUBLIC My commission expires:ST OF COQRAD0 Notary Public Agreement Page 8 BID OPENING RECORD SHEET Date: — I Project Name:2013 Overlay Project 8-May-13 Bid Price -Jvitv-Ctnch —,-,., ,.——‘ ._/......‘— ——. t — _/L ./- Overlay Project budget: PROJECT #2 Overlay Tahoe Dr.with 3”(in two lifts)of HBP -SX,PG 58- 28 i2 Location Description QTY Unit Unit price Amount Highland Overlay Alpine Dr.with 3”(in Meadows /two lifts)of HBP -SX PG 58-837 ton q •West Vail 2$ 466 ton 1iSzo Overlay Sequoia Dr,with 3” (in two lifts)of HBP -SX,PG 133 ton q l3l17 i 58-28 Overlay Vermont Rd.with 3” (in two lifts)of HBP -SX,PG 811 ton 9%r;9 58-28 Overlay Vermont Ct,with 3” (in two lifts)of HBP -SX,PG 178 ton 58-28 Install Tencate Mirafi (TrLI Pave)fiberglass paving mat per manufacturers 14696 Sq Yd.i1)Ol!7°installation guidelines and special provisions stated in EXHIBIT “B” Non Emusified asphalt cement binder PG 58-28 2,645 gal I 99 o (see_exhibit_“B) Emulsified asphalt tack CSS 1469 °Qlh(see exhibit “B”)cJ Construction zone traffic 1 Lumpsum too.oQ ?I2.O(2control Materials sampling,testing,1 Lump sum %1o Z,&9,cand_inspection. Valve box adjustment 6 Lump sum I//00 Manhole adjustment 23 LLImp sum 13b oc 3,IZ.O’Z’ TOTAL FOR PROJECT #2 31k)05 ‘ 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 hft 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. EXHIBIT “B” 2013 OVERLAY PROJECT -SPECIAL PROVISIONS #1.A 1”leveling course shall be applied to roads specified in EXHIBIT “A”using CSS-lh emulsion for a tack coat.The rate of application shall be .1 gal.I 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 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 tor 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 mote often than once a month, Contractor shall submit to Owner an application for payment filled out and signed by Contractor coveting the work completed as of the date of the application,and accompanied by such suppotting documentation as Owner may reasonably requite.If payment is tequested on the basis of materials and equipment not incorporated in the work,but deliveted and suitably stored at the site ot at another location agreed to in wtiting,the application for payment shall also be accompanied by such data,satisfactory to Ownet,as will establish Owner’s title to the material and equipment,and protect Owner’s intetest therein,including applicable insutance.Each subsequent application fot payment shall include an affidavit of Conttactot stating that all ptevious ptogtess payments received on account of the work have been applied to discharge in full all of Contractot’s obligations reflected in prior applications for payment.The amount of tetainage with tespect to progtess payments will be as stipulated in the Agteement. Owner will,within ten days after teceipt of each application fot payment,either indicate in writing a tecommendation of payment,or teturn the application to Contractor indicating in writing its teasons for refusing to recommend payment. In the latter case,Contractor may make the necessary cotrections and resubmit the application.Owner shall,within twenty days of tecommendation of payment, pay Contractor the amount recommended. 20.Final Payment: Upon written notice ftom Conttactor that the wotk is complete,Ownet will make a final inspection with Contractor,and will notify Conttactot in wtiting of all particulars in which this inspection teveals that the work is incomplete or defective.Contractot shall immediately take such measutes 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 Conttactot has completed all such cottections 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 & DRAWl NGS PERFORMANCE BOND Bond Number:09121143 KNOW ALL MEN BY THESE PRESENTS,that we OLDCASTLE SW GROUP,INC.DBA B&B EXCAVATING 14955 HIGHWAY 6,EAGLE,CO 81631 as Principal (the Principal),and Fidelity and Deposit Company of Maryland,a corporation duly organized under the laws of the State of Maryland,as Surety (the Surety),are held and firmly bound unto Eagle County, PD Box 250,Eagle,CO 81631-0250 as Obligee (the Obligee),in the penal sum of Three Hundred And Eleven Thousand Fifty Six And 75/100 Dollars ($311,056.75), for the payment of which sum well and truly to be made,the Principal and the Surety,bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has by written agreement,dated________________,entered into a contract (the Contract)with the Obligee for Highland Meadows/West Vail Overlay Project which Contract is by reference made a part hereof. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall promptly and faithfully perform the Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1.Whenever the Principal shall be,and be declared by the Obligee to be in default under the Contract,the Obligee having performed the Obligees obligations thereunder,the Surety may promptly remedy the default,or shall promptly: 1.1 Complete the contract in accordance with its terms and conditions,or 1.2 Obtain a bid or bids from alternative contracts to complete the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder,or if the Obligee elects,upon determination by the Obligee and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and the Obligee,and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph of this bond.The term balance of the contract price,as used in this paragraph,shall mean the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto,less the amount properly paid by the Obligee to the Principal. 2.Notwithstanding any other provision of this bond or the Contract,or otherwise,the Surety is not responsible for and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to,or in any other respect be responsible to,the Obligee by way of indemnity,claims or otherwise,or to any public authority or to any other person,firm or corporation,for or on account of any fines or claims by any public authority or for bodily injuries or property damage to any person or thing,including,but not limited to,injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of any act of commission or omission by the Principal,the Principals agents,servants,employees,subcontractors or suppliers or any other person in connection with the performance of the Contract.This limitation applies regardless of when any such fine is assessed,claim is made,or injury,damage,release or threat of release occurs and without regard to any term of condition of the Contract. 3.The Surety hereby waives notice of any alteration or extension of time made by the Obligee. 4.Any suit under the bond must be instituted before the expiration of one (1)year from the date on which the Principal ceased to work on the Contract.If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5.No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs,executors,administrators or successors of the Obligee. 1 / Zi(p ____ Phillip Raj/ner Ass’t Secrtary Signed and sealed this th day of jyjy..,Qi WITNESS OR ATTEST: OLDCASTLE SW GROUP,INC. Principal By:________________ Namé Kyle Alpha Title:General Manager Fidelity and Deposit Company of Maryland Surety (Seal) PAYMENT BOND Bond Number:09121 143 KNOW ALL MEN BY THESE PRESENTS,that we OLDCASTLE SW GROUP,INC.DBA B&B EXCAVATING 14955 HIGHWAY 6,EAGLE,CO 81631 as Principal (the Principal),and Fidelity and Deposit Company of Maryland,a corporation duly organized under the laws of the State of Maryland,as Surety (the Surety),are held and firmly bound unto Eagle County, P0 Box 250,Eagle,CO 81631-0250 as Obligee (the Obligee),in the penal sum of Three Hundred And Eleven Thousand Fifty Six And 75/100 Dollars ($31 1,056.75), for the payment of which sum well and truly to be made,the Principal and the Surety,bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has by written agreement,dated________________,entered into a contract (the Contract)with the Obligee for Highland Meadows/West Vail Overlay Project which Contract is by reference made a part hereof. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall promptly make payment to all Claimants,as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1.A ‘Claimant”is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material,or both,used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2.The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant,who has not been paid in full before the expiration of a period of ninety (90)days after the date on which the last of such Claimant’s work or labor was done or performed,or materials were furnished by such Claimant,may sue on this bond for the use of such Claimant,prosecute the suit to final judgment for such sum or sums as may be justly due Claimant,and have execution thereon.The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3.No suit or action shall be commenced hereunder by any Claimant: (a)Unless Claimant,other than one having a direct contract with the Principal,shall have given written notice to the Principal and the Surety within ninety (90)days (or such lesser or greater time period as otherwise permitted by relevant law)after such Claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed.Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in separate envelopes addressed to the Principal and Surety. (b)Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. (c)After the expiration of one (1)year (or such lesser or greater time period as otherwise permitted by relevant law)from the date on which the Principal ceased work on the Contract.If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics’liens which may be filed of record against such improvement,whether or not a claim for the amount of such lien be presented under and against this bond. Signed and sealed this jb day of May, WITNESS OR ATTEST: Phillip R4’imer Ass’t Secletacy OLDCASTLE SW GROUP,INC. Principal Fidelity and Deposit Company of Maryland Surety (Seal) SURETY ACKNOWLEDGMENT STATE OF UTAH } COUNTY OF SALT LAKE } On this 28TH day of MAY,2013,before me personally came TINA DAVIS to me known,who,being by me duly sworn,did depose and say that she is an Attorney-In- Fact of FIDELITY AND DEPOSIT COMPANY Of MARYLAND the corporation described in and which executed the within instrument;that she knows the corporate seal of said corporation,that the seal affixed to the within instrument is such corporate seal,and that she signed the said instrument and affixed the said seal as Attorney-In-fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. ry b’ nNjm rOj y inm hi 01 h ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY Of MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York.the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland.and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the “Companies”).by THOMAS 0.MCCLELLAN,Vice President,in pursuance of authority granted by Article V.Section 8,of the By-Laws of said Companies.which are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Tina DAVIS,Lisa HALL,Lindsey PLATTNER and Jessica ARNOLD,all of Salt Lake City,Utah, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies.as fully and amply.to all intents and purposes.as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York.New York..the regularly elected officers of the COLONIAL AMERICAN CASUALTY ANI)SURETY COMPANY at its office in Owings Mills,Maryland..and the regularly elected officers of the Flt)ELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY,COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of May,A.D.2012. ATTEST: ZURICH AMERICAN INStIRANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND I)EPOSIT COMPANY OF MARYLAND /lit / Assistant Seeretan’Vice President Gre goes P.Murray Thoma.r 0.McClellan State of Maryland City of Baltimore On this 11th day of May,AD,2012,hetbre the subscriber,a Notary Public of the State of Maryland.duty commissioned and qualified.THOMAS 0. MCCLELLAN,Vice President,and GREGORY F.MURRAY,Assistant Secretary,of the Companies,to tue personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being h’me duty swom,deposeth and saith. that he/she is the said officer of the Company aftwesaid.and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies.and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed my Official Seal the day and year lit’st ahose written. ± 1ti tLt” Maria D.Adamski.Notar Public Mv Cotumission Expires:July 8.2015 POA-F 020-8022W EXTRACT FROM BY-LAWS OF THE COMPANIES ‘Article V.Section 8,Attorneys-in-Fact.The Chief Executive Officer,the President,or any Executive Vice President or Vice President may.by written instrument under the attested corporate seal,appoint attorneys-in-fact with authority to execute bonds,policies. recognizances.stipulations.undertakings,or other ]ike instruments on behalf of the Company.and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time.” CERTIFICATE I.the undersigned,Vice President of the ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V.Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certiticate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED:“That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may he affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company.” This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May,1994.and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May.1990. RESOLVED:“That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary.or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall he valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF.I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this2 day of NAY .20k1. James M.Carroll.Vice President PAYMENT BOND Bond Number:09121143 KNOW ALL MEN BY THESE PRESENTS,that we OLDCASTLE SW GROUP,INC.DBA B&B EXCAVATING 14955 HIGHWAY 6,EAGLE,CO 81631 as Principal (the Principal)and Fidelity and Deposit Company of Maryland a corporation duly organized under the laws of the State of Maryland,as Surety (the Surety),are held and firmly bound unto Eagle County, PD Box 250,Eagle,CO 81631-0250 as Obligee (the ‘Obligee’),in the penal sum of Three Hundred And Eleven Thousand Fifty Six And 75/100 Dollars ($311,056.75), for the payment of which sum well and truly to be made,the Principal and the Surety,bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has by written agreement,dated________________,entered into a contract (the Contract)with the Obligee for Highland Meadows/West Vail Overlay Project which Contract is by reference made a part hereof. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall promptly make payment to all Claimants,as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1.A “Claimant”is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material,or both,used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2.The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant,who has not been paid in full before the expiration of a period of ninety (90)days after the date on which the last of such Claimant’s work or labor was done or performed,or materials were furnished by such Claimant,may sue on this bond for the use of such Claimant,prosecute the suit to final judgment for such sum or sums as may be justly due Claimant,and have execution thereon.The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3.No suit or action shall be commenced hereunder by any Claimant: (a)Unless Claimant,other than one having a direct contract with the Principal,shall have given written notice to the Principal and the Surety within ninety (90)days (or such lesser or greater time period as otherwise permitted by relevant law)after such Claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed.Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in separate envelopes addressed to the Principal and Surety. (b)Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. (c)After the expiration of one (1)year (or such lesser or greater time period as otherwise permitted by relevant law)from the date on which the Principal ceased work on the Contract.If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4 The amount of this bond shall be ced by and to the extent of any payment or pa nts made in good faith hereunder inclusive of the payment by Surety or mechanics’liens which may be filed of record against such improvement,whether or not a claim for the amount of such lien be presented under and against this bond. Signed and sealed this am day of 22i WITNESS OR ATTEST: %f Phillip Rimer Ass’t Sec etacy Fidelity and Deposit Company of Maryland Surety OLDCASTLE SW GROUP,INC.Dl Principal a Title:General Manager (Seal) SURETY ACKNOWLEDGMENT STATE Of UTAH } COUNTY OF SALT LAKE }SS On this 28TH day of MAY,2013,before me personally came TINA DAVIS to me known,who,being by me duly sworn,did depose and say that she is an Attorney-In fact of FIDELITY AND DEPOSIT COMPANY Of MARYLAND the corporation described in and which executed the within instrument;that she knows the corporate seal of said corporation,that the seal affixed to the within instrument is such corporate seal,and that she signed the said instrument and affixed the said seal as Attorney-In-fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof lic F °Notary Pub.i. UA HALL )3 ,cminon ,umb’G’.3” jq r’Co9mIsIoI Expin. arch1l.2015 SLtecd Utah ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland.and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the Companies),by THOMAS 0.MCCLELLAN,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Tina DAVIS,Lisa HALL,Lindsey PLATTNER and Jessica ARNOLD,all of Salt Lake City,Utah, EACH its true and lawful agent and Attorney-in-fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies.as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills.Maryland..and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its oftIce in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY,COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of May,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY Of MARYLAND G)SU //7 %/ Assistant Secretary Vice President Gregory E.Murray Thomas 0.McClellan State of Maryland City of Baltimore On this 11th day of May,At).2012,before the subscriber,a Notary Public of the State of Maryland,duty commissioned and qualitied.THOMAS 0. MCCLELLAN,Vice President,and GREGORY E.MURRAY,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duty sworn,deposeth and saith. that he/she is the said officer of the Company aforesaid.and that the seats affixed to the preceding instrument are the Corporate Seats of said Companies.and that the said Corporate Seats and the signature as such officer were duty affixed and stibscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seat the day and year first above written. tL £ Maria D.Adamski,Notary Public My Comnsission Expires:July 8,2015 POA-F 020-8022W EXTRACT FROM BY-LAWS OF THE COMPANIES ‘Article V,Section 8,Attorneys-in-Fact.The Chief Executive Officer,the President,or any Executive Vice President or Vice President may,by written instrument under the attested corporate seal,appoint attorneys-in-fact with authority to execute bonds,policies. recognizances,stipulations.undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time.” CERTIFICATE I,the undersigned,Vice President of the ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate:and I do further certify that Article V.Section 8.of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may he signed by facsimile under and by atithority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED:‘That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall he valid and binding on the Company.” This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May,1994.and the following resolution of the Board of Directors of the FIDELITY ANI)DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED:“That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary.or Assistant Secretary of the Company.whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall he valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this2Ill day of MAY .201L. James M.Carroll.Vice President Certificate of Insurance THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORM..ION ONLY AND CONFERS NO RIGHTS UPON YOU TI-h RTIfICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXThND OR ALTER THE COVERAGE AFFORDED DY THE POLtCIES LISTED BELOW.POLtCY LIMITS ARE NO LESS THAN THOSE LISTED,ALTHOUGH POLICIES MAY iNCLUDE ADDITIOWAL SUBLIMIT/UMITS NOT LISTED BELOW. Liberty tP?Mutual® is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below.The insurance afforded by the listed policy(ies)in subject to all their terms,exclusions and Conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE D CONTINUOUS TYPE Of POLICY D EXTENDED POLICY NUMBER LIMIT OF LIABILITY POLICY TERM WA7-C8D-004095-022 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY WORKERS 9/1/2013 LAW OF THE FOLLOWING STATES COMPENSATION WC7C81-004095012 ALL STATES EXCLUDING Bodily Iniuryby Accident MONOPOLISTICS STATES AND $1 GOD,000 Each Acctdcr’ NY Bodily Injury By Disease $1,000,000 PnticyLtmWIBodilyInjuryByDisease $1,000,000 Each Perspi COMMERCIAL 1B2-C8 1 -004095-1 12 General Aggregate 9/1/2013GENERALLIABILITY $2,000,000 L21 OCCURRENCE Products I Completed Opnrations Aggregate $2,000,000 Q CLAIMS MADE Each Occurrence $2,000,000 Personal &Advertising Injury $2,000,000 PerPcruon/OrganizationRETRODATE 0hE DAMAGE $100,000 0tR PROJECT AGGREGATE Each Accident—Single Limit AUTOMOBILE 9/1/2013 AS2C8 1-004095-122 $2,000,000 B.t.And PD.Combined LIABILITY Esch Person tJ OWNED NON-OWNED Each Accident or Occurrence HIRED Each Accident or Occurrence OTHER Auto:Comp Dod $10000/Coil Ded $10,000 EVIDENCE OF COVERAGE ADDITIOPiAL COMMENTS Re:Eagle County is named as additional insured Highland Meadows /West Vail Overlay Project It the cetlificate eapiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before ttte certificate expiration date. NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS 1$ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WtLL NOT ClCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCEI.LATION HAS BEEN MAILED TO: This is to Certify that ldcastle SW Group,Inc.,dba B &B Excavating P0 Box 3609 [rand Junction,CO 81502 NAME AND ADDRESS OFINSURED h Eagle County P0 Box 250 Eagle,CO 81631 L J Liberty Mutual Insurance Group Judith Balazentis Pittsburgh /0387 AUTHORIZED REPRESENTATIVE 12 Federal Street,Ste.310 Pittsburgh PA 15212-5706 412-231-1331 -- OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10