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HomeMy WebLinkAboutC14-251 Knupp, LLC AgreementAGREEMENT FOR THE 2014 GRAVEL PROJECT BETWEEN EAGLE COUNTY, COLORADO AND KNUPP, LLC n THIS AGREEMENT is dated as of the day of , 2014, by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "County), and Knupp, LLC, a Colorado limited liability company (hereinafter called "Vendor"). County and Vendor, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 — PRODUCT AND SERVICES Vendor shall supply and deliver 3/" CDOT specification road base as more specifically provided in Vendor's bid, which is attached hereto as Exhibit A and incorporated by this reference. The 3/" CDOT specification road base is hereinafter referred to as the "Product" and delivery of the Product is hereinafter referred to as the "Services". County has no obligation to purchase any amount of the Product. During the term of this Agreement, County may contact the Vendor from time to time, to schedule delivery of the Product. Vendor shall have the Product available and shall be able to perform the Services as requested and as set forth in Exhibit A. Product and Services will be purchased by County at County's sole discretion. ARTICLE 2 - COUNTY'S REPRESENTATIVE The Eagle County Road & Bridge Director, or his designee shall be the County's representative for this Agreement. ARTICLE 3 - CONTRACT TIME 3.1 Vendor will make the Product and Services available in the quantities and locations identified in Exhibit A from June 30, 2014 through September 30, 2014. 3.2 Liquidated Damages: County and Vendor recognize that time is of the essence of this Agreement and that County will suffer financial loss if the Product and Services are not available as specified in this Agreement. They also recognize the delays, expense, and difficulties involved in proving at a legal or arbitration preceding the actual loss suffered by County if the Product and Services 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 Product and Services are not available as set forth in Exhibit A. 3.3 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Vendor of a written notice of termination specifying the date upon which termination becomes effective. In such event, Vendor shall be compensated for all Product delivered and Services satisfactorily performed and accepted by County prior to the date of termination. Any guarantees or M 2-q warranties with respect to the Product delivered and Services performed shall survive termination. ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. 4.2 For the Product and Services provided hereunder, County will pay Vendor the amounts provided in Exhibit A. The unit price for the Product and Services as set forth in Exhibit A will not change without a signed amendment to the Agreement. 4.3 Payment will be made for Product accepted by County and will be paid within thirty (30) days of receipt of a proper and accurate invoice from Vendor. The invoice shall include the quantities of and location of the Product and Services provided to County under this Agreement. Upon request, Vendor shall provide County with such other supporting information as County may request. 4.4 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. 4.5 The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Vendor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any matter or degree with the performance of Vendor's services and Vendor shall not employ any person having such known interests. 4.6 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 31without an appropriation therefore 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 Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). ARTICLE 5 - VENDOR'S REPRESENTATIONS In order to induce County to enter into this Agreement Vendor makes the following representations: 5.1 Vendor shall supply and deliver 3/" CDOT spec road base as requested by County from time to time during the period commencing June 30, 2014 and ending September 30, 2014 and as provided in Exhibit A. 5.2 Vendor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of under this Agreement. OA 5.3 Vendor has made, or caused to be made, examinations, investigations, 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 Vendor for such purposes. 5.4 Vendor will be responsible for delivery to and supply of the Product to County in a professional and competent manner and in accordance with the standard of care, skill and diligence applicable similar vendors supplying similar Product. 5.5 Intentionally Omitted. 5.6 All guarantees and warranties related to the Product furnished to Vendor by any manufacturer or supplier, if any, are for the benefit of County. 5.7 Vendor assumes all risk of loss with respect to the Product until the Product is delivered to County, at which time County shall assume all risk of loss with respect to the Product. Ownership shall pass to County after Vendor has delivered the Product and County has inspected and accepted the Product. 5.8 Within a reasonable time after receipt of written notice, Vendor shall correct at its own expense, without cost to County any defects in the Product or delivery. 5.9 Guarantees and warranties, if any, shall not be construed to modify or limit any rights or actions County may otherwise have Vendor in law or in equity. ARTICLE 6 - MISCELLANEOUS 6.1 No assignment by a party hereto of any rights under, or interests in this Agreement 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 this Agreement. 6.2 County and Vendor 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 Agreement. 6.3 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. 6.4 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 6.5 This Agreement may be amended upon mutual agreement, in writing, signed by both parties. 6.6 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: Board of County Commissioners, Eagle County, Colorado P. O. Box 850 Eagle, CO 81631 Telephone: (970) 328-8605 Fax: (970) 328-7207 Vendor: Knupp LLC PO Box 168 Rifle, CO 81650 Telephone: 970-274-1045 Fax: 970-625-5342 With a copy to: Eagle County Road & Bridge P. O. Box 250 Eagle, CO 81631 Telephone: (970) 328-3540 Fax: (970) 328-3546 Mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and fax notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. 6.7 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement and Exhibits A and B hereto. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 - JURISDICTION AND VENUE: This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. ARTICLE 8 - PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES• As used in this Article 8, the term undocumented individual will refer to those individuals from foreign countries not legally within 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 Contract. By execution of this Contract, Vendor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Contract and that Vendor will participate in the E -verify Program or other Department of Labor 4 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. 8.1. Vendor shall not: (i) Knowingly employ or contract with an undocumented individual to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Vendor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. 8.2. Vendor 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/gc 1185221678150 shtm 8.3. The Vendor 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. 8.4. If the Vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, the Vendor shall be required to: (i) Notify the subcontractor and the County within three days that the 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 the Vendor 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 undocumented individual. 8.5. The 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. § 8-17.5-102(5). 8.6. If a Vendor 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 Vendor shall be liable for actual and consequential damages to the County as required by law. 8.7. The County will notify the office of the Colorado Secretary of State if Vendor violates this provision of this Contract and the County terminates the Contract for such breach. ARTICLE 9 — INDEPENDENT CONTRACTOR It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Vendor or County and Vendor's employees. To the extent applicable, Vendor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Vendor shall be, or shall be deemed to be, the employee, agent or servant of County. Vendor shall be solely and entirely responsible for the means and methods to carry out any services that may be required under this Agreement and for Vendor's acts and for the acts of its officers, agents, employees, and servants during the performance of this Agreement. Neither Vendor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 10 —INSURANCE REQUIREMENTS 10.1 At all times during the term of this Agreement, Vendor shall maintain insurance on its own behalf in the following minimum amounts: 10.1.1 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; 10. 1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 10. 1.3 Comprehensive liability and property damage insurance issued to and covering Vendor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 10.2 Vendor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit B. IN TNESS WHEREOF, the parties have executed this Agreement this day of 2014. IV ATTEST By: Clerk of the Board of County Commissioners STATE OF COLORADO COUNTY OF EAGLE EAGLE COUNTY, COLORADO By and through its Board of County Commissioners VENDOR: KNUPP, LLC, a Colorado limited liability company By: Title: 01VA" TRACY J. PETERSON NOTARY PUBLIC STATE OF COLORADO ss: NOTARY ID 20144004406 W COANAISSION EXPIRES JANUARY 31, 2018 The foregoing instrument was acknowledged before me by �A , as O w of Knupp, LLC, a Colorado limited liability company thi��, day of 52014. My commission expires: Notary Pu is PROPOSAL FORM THIS PROPOSAL FORM MUST BE SUBMITTED WITH YOUR BID TO: Eagle County, Colorado 500 Broadway Post Office Box 850 Eagle, CO 81631 Re: 2014 Gravel Project The undersigned, having examined the Instructions to Bidders and any and all documents related to the above referenced project: (a) agree to comply with all conditions, requirements, and instructions of the bid documents as stated or implied therein; (b) Acknowledges the right of Eagle County, Colorado in its sole discretion to reject any or all bids submitted, and that an award may be made even though not the lowest cost; (c) Acknowledges and agrees that the discretion of Eagle County, Colorado in selection of the successful bidder or bidders shall be final, not subject to review or attack; and (d) Acknowledges that this bid is made with full knowledge of the foregoing and full agreement thereto. By submission of this bid, and signature below, the respondent acknowledges that he has the authority to sign this Proposal Form and bind the company named below. The bidder further acknowledges 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. Company Name: RA -or L 4 C Title of Proposer: � Signature of Proposer: INSTRUCTIONS TO BIDDERS DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the Contract Documents (e.g., the contract form) have the meanings assigned to them therein. The term "Successful Bidder" means the lowest, qualified, responsible bidder to whom County, (hereinafter "Owner") (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement of Invitation may be obtained from Road & Bridge Director. 2.2 Complete sets of the Bidding Documents shall be used in preparing bids; Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining bids on work, and does not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS 3.1 To demonstrate qualifications to perform the work, each bidder must be prepared to submit, within five (5) days of Owner's request, written evidence, such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the project is located. Each bid must contain evidence of the bidder's qualification to do business in Colorado, or a covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 Before submitting a bid, each bidder must (a) examine the Contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress, or performance of the work; (c) familiarize himself with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2 Before submitting his bid, each bidder will, at his own expense, make such investigations and tests as the bidder may deem necessary to determine his bid for performance of the work in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.3 Bidder must complete and sign the proposal form and submit it with other required bid documents. 4.4 Intentionally omitted. 4.5 The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement of this Article 4, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of this work. INTERPRETATIONS 5.1 All questions about the meaning or intent of the Contract Documents shall be submitted to the Road & Bridge Director in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by the Road & Bridge Director as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of bids will not be answered. Only questions answered by Formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. BID SECURITY 6.1 Bid security shall be made payable to Owner in an amount of five percent (5%) of the bidder's maximum bid price, and in the form of a certified or bank check, or a bid bond issued by a surety authorized to do business in the state of Colorado. 6.2 The bid security of the successful bidder will be retained until such bidder has executed the Agreement, whereupon it will be returned; if the successful bidder fails to execute and deliver the Agreement within fifteen (15) days of the Notice of Award, Owner may annul the Notice of Award and the bid security of the bidder will be forfeited. The bid security of any bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the thirty-first (31St) day after the bid opening. Bid security of other bidders will be returned within seven ,(7) days of the bid opening. 7. CONTRACT TIME 7.1 The date by which the work is to be completed (the Contract Time) is set forth in the bid form and will be included in the Agreement. 8. LIQUIDATED DAMAGES 8.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 9. Intentionally Omitted. 10. Intentionally Omitted. 11. 13ID FORM 11.1 The Bid Form is attached hereto; additional copies may be obtained from the Road & Bridge Director. 11.2 Bid Forms must be completed in ink or by typewriter. 11.3 Bids by corporations, must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary, or an assistance secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name, and signed by a partner whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 11.7 The address and telephone numbers to which communications regarding the bid are to be directed must be shown. 11.8 Respondent shall also complete and submit the attached proposal form. 12. SUBMISSION OF BIDS 12.1 Bids shall be submitted not later than at the time and place indicated in the Invitation to Bid, and shall be included in an opaque, sealed envelope, marked with the project title, and name and address of the bidder, and accompanied by the bid security and other required documents. If the bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that bid must be executed), and delivered the place where bids are to be submitted, at any time prior to the opening of bids. 13.2 If, within twenty-four (24) hours after bids are opened, any bidder files a fully signed written notice with Owner, and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his bid, that bidder may withdraw his bid, and the bid security will be returned. Thereafter, that bidder will be disqualified from further bidding on the work. 14. OPENING OF BIDS 14.1 When bids are opened publicly, they will be read aloud, and an abstract of the amounts of the bids will be made available after the opening bids. 15. BIDS TO REMAIN OPEN 15.1 All bids shall remain open for thirty (30) days after the day of the bid opening, but Owner may, in his sole discretion, release any bid and return the bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities, and to negotiate contract terms with the successful bidder, and the right to disregard all nonconforming, non-responsive, or conditional bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures, and the correct sum thereof, will be resolved in favor of the correct sum. 16.2 In evaluating bids, Owner shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the bid forms. It is the owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the bid form, but Owner may accept them in any order or combination. 16.3 Owner reserves the right to award Project 1 and Project 2 to one successful bidder. or may alternatively award Project 1 and Project 2 to different bidders as Owners determines in its sole discretion. 16.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any bid, and to establish the responsibility, qualifications, and financial ability of the bidders, proposed subcontractors, and other persons and Organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 Owner reserves the right to reject the bid of any bidder who does not pass any such evaluation to Owner's satisfaction. 16.6 If the contract is to be awarded, it will be awarded to the lowest bidder whose evaluation by Owner indicates to owner that the award will be the best interests of the project and to the County; Owner may accept a bid other than the lowest responsive bid if it determines that doing so is in the best interests of the project and the County. 17. SIGNING OF AGREEMENT 17.1 When Owner gives a Notice of Award to the successful bidder, it will be accompanied by at least four (4) unsigned counterparts of the Agreement and all other contract documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver at least four (4) counterparts of the Agreement to Owner with all contract documents attached. Within ten (10) days thereafter, Owner will deliver a fully signed counterpart to Contractor. BID FORN7 PROJECT IDENTIFICATION: EAGLE COUNTY 2014 GRAVEL PROJECT THIS BID IS SUBMITTED TO: Board of County Commissioners Eagle County 500 Broadway Eagle, Colorado 81631 Mailing: Eagle County Road & Bridge Department Attn: Gordon Adams, Director P. O. Box 250 Eagle, CO 81631 Physical: 3289 Cooley Mesa Road Gypsum, Colorado 81637 1. The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all work as specified or indicated in the Contract Documents for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with 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 other documents required by the Contract Documents within fifteen (15) 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 Number (No addenda to Date) (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement of Invitation to Bid and the Instructions to Bidders; (b) BIDDER has examined the site and locality where the work is to be performed, the legal requirements (federal, state, and local laws, 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 of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has 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 collusion to obtain for himself any advantage over any other bidder or over OWNER. 4. BIDDER will complete the work for the following lump sum and unit prices: PLEASE USE EXHIBIT "A" FOR BID PRICES 5. BIDDER agrees that work will be completed on or before September 30, 2014. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The following 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 shall be addressed to the address of BIDDER indicated below: KN a pF 44,0. C��6�� Phone Number 70 - 2 7 / 0, 01 A Partnership IM (Firm Name) Business Address: Phone Number: A Corporation (General Partner) By: 81,iAPP l -4c - (Corporation Name) Go/,O/jo (State of Corporation) (SEAL) By: r-4- ar- l�rt uRa (Name of Person Authorized to Sign) (9,uN k (Title) (CORPORATE SEAL) Attest: Business Address: P, 0 , 3 0x j6 9 Phone Number: % 0 'a -� t/ / 0 t15 I, 1 KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Knupp, LLC Box 168. Rifle. CO 81650 as Principal, and Western Surety Company as Surety, are hereby held and firmly bound unto Eaqle Countv. Colorado as OWNER in the penal sum of Five Percent (5%) of Total Amount Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 3rd day of June 2014 The Condition of the above obligation is such that whereas the Principal has submitted to Eagle County, Colorado a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the 2014 Gravel Project NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. Page 1 of 2 XDP The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Knupp LLC 0 Western, Surety Company Surety By tier, . Ashley K. Anderson IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Page 2 of 2 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 62045598 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the lacus of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Ashley K_ Anderson its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Knupp, LLC Obligee: County of Eagle Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in •the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of September _3rd 2014 but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its corporate seal to be affixed this day of —____ June 2014 WS SUR Y COMPANY Paul T ruflat, Vice President Sm%TE OF SOUTH DAKOTA l ss COUr1TY OF N INNEHAHA 1 On this _ 3rd _ day of _ June in the year 2014 before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTEI�y SURETY CO IPA y and acknowledged said instrument to be the voluntary act and deed o said corp tion. S S. PETRIK S s SEAL NOTARY PUBLICSE L ss' S SOUTH DAKOTA s Notary Public - South Dakota s s +hhh�nhh!�sy yy hS Sy0hh 55 yh yy + My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 3rd day of June 2014 WES R SURE Y COMPANY Form F5306-8-2012 Paul T ruflat, Vice President ACKNOWLEDGMENT OF SURETY STATE OF Colorado ) ss (Attorney -in -Fact) Bond No. 62045598 �YYI COUNTY OF A4 A-- � / On this '&V'"— day of / �'�� , , before me, a notary public in and for said County, personally appeared Ashley K Anderson to me personally known and being by me duly sworn, did say, that he/she is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said Ashley K Anderson acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at (2;!xBnpi—; (c kiCt7'M&,t &444 - , the day and year last above written. My commissio expires oila 2 76RO1' Form 106-9-2013 ANITA C. KELLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 919924014665 My Cc ftio E*m Jrwmy 22.2017 EXHIBIT "A" EAGLE COUNTY 2014 GRAVEL PROJECT Project #1 Location DP_Rrrintinn nTv I Project #2 Location Descrintinn TOTAL COST I g®, 6 5—o nTV 1 1.04, 1 1—:4 e v _ Deliver and apply with a Colorado River Road Deliver and apply with a 17 3o �6, sz)o Upper Cattle minimum of 6 bottom dump 5,000 ton Creek Road trailers, 3/4" CDOT spec base from �� �3 (County Road end of pavement 5,000 ton #13, El Jebel) (3'97mile marker) to TOTAL COST intersection of Basalt Mtn. Rd. (5.67 mile marker). Project #2 Location Descrintinn TOTAL COST I g®, 6 5—o nTV 1 1.04, 1 1—:4 e v _ Contractor name: (please print) 1V u PP L L, C Notes: 1. Material shall be delivered using a minimum of 6 bottom dump trailers. 2. Quantities may be adjusted depending on final bid totals. 3. Contractor may bid one or both projects. 4. Contractor shall bid the price of gravel including delivery. 5. Material must be available beginning June 30th and ending September 30th, 2014 Deliver and apply with a Colorado River Road minimum of 6 bottom dump trailers, 3/4" CDOT spec 17 3o �6, sz)o (County Road #301) base from 16.5 mile marker 5,000 ton (end of pavement) to 17.5 mile marker TOTAL COST Contractor name: (please print) 1V u PP L L, C Notes: 1. Material shall be delivered using a minimum of 6 bottom dump trailers. 2. Quantities may be adjusted depending on final bid totals. 3. Contractor may bid one or both projects. 4. Contractor shall bid the price of gravel including delivery. 5. Material must be available beginning June 30th and ending September 30th, 2014 wien1w: ia-Isyo I%Nurr AGURU. CERTIFICATE OF LIABILITY INSURANCE FDATE(MWDDIYYYY) GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY n 6/10/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HUB International Ins Svcs Inc 2742 Crossroads Blvd Grand Junction, CO 81506 NAME: Anita Keller HON Ext :970 254-3306 FAX Arc No : 866 908-6374 a DRESS: anita.keller@hubinternational.com INSURERS AFFORDING COVERAGE NAIC # 888 2455-8011 INSURED Knupp,LLC INSURERA: Employers Mutual Casualty Compa 21415 INSURER B: Pinnacol Assurance Company 41190 INSURER C: Box 168 INSURER D: Rifle, CO 81650 INSURER E: PERSONAL& ADV INJURY $1,000,000 INSURER F: CA Resident License #0757776 ---- --- --- "'—"'--"' RCYI0IUN NUMGt K: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _NS R_ ADDLSUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDY/YYYY POLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY n 4X6308815 /01/2014 04/01/201 EACH OCCURRENCE $1000 000 PREMISES a o�nDance $100,000 MED EXP (Any one person) $5,000 CLAIMS -MADE OCCUR X PDDed:5O0 PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,QOO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO - J T LOC PRODUCTS-COMPIOPAGG $2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIREDAUTOS X NON -OWNED AUTOS 4X6308815 4/01/2014 04/01/201 Ee aBC deD SINGLE LIMIT 1,000,000 BODILYINJURY(Parperson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident)$ A B X UMBRELLA LIAB LIAB X OCCUR CLAIMS -MADE NIA 4X630881504/01/2014 4130894 4/01/2014 04101/2011 04/01/201 EACH OCCURRENCE $1,000,000EXCESS AGGREGATE $1 000 000 DED X RETENTION $1 0,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERJEXECUTIVEYIN OFFICERIMEMBER EXCLUDED? ❑ $ WC STATU- OTH- X FIR E.L. EACH ACCIDENT $1,000,000 If yes, dDry in (Mandatory describe under E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required) This section intentionally left blank i`C DTI GI/"ATG LIAI RGA Eagle County Road & Bridge PO Box 250 Eagle, CO 81631-0250 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _1�! 1ast5-ZU1U ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)^_w , 1 of 1 The ACORD name and logo are registered marks of ACORD