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Home My WebLink AboutC96-066 Elam ConstructionL, x'96 *36�� AGREEMENT THIS AGREEMENT is dated as of the.4day of g6VAuz , in the year 1996 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Elam Construction, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Paving, Overlay, and Levelling Course on various Eagle County Roads ARTICLE 2 - ENGINEER The Project has been designed by the Eagle County Engineer (an employee of Eagle County), who is hereinafter called ENGINEER, and will assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. Agreement Page 1 ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before July 1, 1996, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before July 1, 1996. 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 Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration proceeding 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 Nine Hundred Fifty dollars ($950.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the work is substantially complete. ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: Estimated Item Description ty_ Unit Unit Price Amount 1. Hot Bituminous Pavement 1000 Ton $ 30.50 $ 30,500.00 (Grading CX) Brush Creek Road From Eagle Town Limits to M.M. 10 2. Hot Bituminous Pavement 1300 Ton $ 28.50 $ 37,050.00 (Grading CX) Gypsum Creek Road From Gypsum Town Limits to Daggett Lane Agreement Page 2 Item 3. 4. Description Estimated _Pty_Unit Hot Bituminous Pavement 1000 Ton (Grading CX) Cottonwood Pass Road From Gypsum Creek Road to Gypsum Creek Bridge Hot Bituminous Pavement (Grading CX) Colorado River Road From Deep Creek to Sweetwater Road (Various Locations) Hot Bituminous Pavement (Grading CX) Upper Kaibab Subdivision Various Locations 6. Hot Bituminous Pavement (Grading CX) Cooley Mesa Road From Eldon Wilson Road to end of pavement (various locations) 7. Hot Bituminous Pavement (Grading CX) Winslow Road From Berry Creek Road to Rawhide Road 8. Hot Bituminous Pavement (Grading CX) W. Lake Creek Road From Polar Star Drive to end of pavement (various locations) 2000 Ton 1000 Ton 1500 Ton 300 Ton 1000 Ton Unit Price Amount $ 28.50 $ 28,500.00 $ 30.00 $ 60,000.00 $ 29.00 $ 29,000.00 $ 28.50 $ 42,750.00 $ 32.00 $ 9.600.00 $ 32.00 $ 32,000.00 Agreement Page 3 Item Description 9. Hot Bituminous Pavement (Grading CX) Fairgrounds Road From main entrance to rear entrance 10. Emulsified Asphalt (CSS -1h or SS -1h) 11. Materials Sampling, Testing and Inspection 12. Construction Zone Traffic Control TOTAL Estimated Qty Unit ARTICLE 5 - PAYMENT PROCEDURES 350 Ton Unit Price Amount $ 28.50 $ 9.975.00 1175 Gal. $ 1.50 $ 1,762.50 1 Lump $5,250.00 $ 5,250.00 Sum 1 Lump $8.500.00 $ 8,500.00 Sum $294,887.50 CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payments as recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and Agreement Page 4 90% of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 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 Agreement Page 5 examinations, investigations, tests, reports, or similar data are, or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (Pages 1 to 8, inclusive). 7.2 Invitation to Bid consisting of 1 page. 7.3 Instructions to Bidders (Pages 1 to 7, inclusive). 7.4 Performance and other Bonds. 7.5 Notice of Award, Notice to Proceed. 7.6 General Conditions (Pages 1 to 46, inclusive). 7.7 Specifications bearing the title and consisting of 4 divisions and 4 pages, as listed in the table of contents thereof. 7.8 Drawings, consisting of 0 sheets. 7.9 Addenda numbers 0 to 0 , inclusive. 7.10 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages 0 to 0 , inclusive). 7.11 Any modification, including Change Orders, duly delivered after execution of Agreement. Agreement Page 6 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 a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 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. 8.3 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. 8.4 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. 8.5 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR, or by ENGINEER on their behalf. Agreement Page 7 This Agreement will be effective on 1996. OWNER: Eagle County Board of County Commissioners M George ATTEST Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Agreement CONTRACTOR: ELAM CONSTRUCTION INC. B,11�� , H rold F. Elam President (CORPORATE SEAL) VTTEST Assi ant Secretary Address for giving notices: 1225 South 7th Street Grand Junction CO 81501-7791 Page 8 'Continental Insurance, PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 (Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: Bond No. 138053390 That ELAM CONSTRUCTION, INC. (Here insert full name and address or legal title of the Contractor) 1225 South 7th Street, Grand Junction, Colorado 81501 FIREMEN'S INSURANCE COMPANY OF NEWARK, as Principal, hereinafter called Contractor, and NEW JERSEY, New York, New York as Surety, (Here insert full name and address or legal title of Surety) hereinafter called Surety, are held and firmly bound unto EAGLE COUNTY BOARn OF COUNTY COMMTSSTONERS (Here insert full name and address or legal title of Owner) P O Box 850, Eagle, Colorado 81631 as Obligee, hereinafter called Owner, in the amount of FOUR HUNDRED TWENTY FIVE THOUSAND SEVENRMF'n NINETY THREE AND N01100 - Dollars ($425,793-.^O ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. and Change Order No. 1 WHEREAS, Contractor has by written agreement dated Dated entered into a contract with Owner for 19% Eagl e r7nunty Pavi nqPrn4ant- r-nn.i Gt-i nq of Pavi nq, Overlay, and Levelling Course on Va i n is Eagl-e cn3ni-1z RnarJc, Eagl ta Crnmt-T, rnl nrarin* in accordance with drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2)Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, 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 hereof. The term "balance of the contract price," as used in this paraggraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Project No. E35 Signed and sealed this ATTEST: BY:jw�-- AssistartC MSecretary day of A.D. 19 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY _(Seal) / Surety) PA I / BY: BY• (Witness) Geste Moore (Title) Attorney -in -Fact Susan J. Rawson, Denver,Colorado BOND 4393C LMHITALBERT �men`� ®t NewaK NJ ® (Formerly The Talbert Corporation) , !783,0 P.O. Box 9364, Denver, CO 80209-0364 Phone: 303-722-7776 FAX 303-722-8862 LABOR AN V MAI MAL rA T rvttci-4 i D-UiNv Apnroved by The American Institute of Architects Bond No. 138053390 �. Document No. A-311 (Feb. 1970 Editic Note: This bond is issued simultaneously with another bond in favor of the owner conditioned for the. and faithful performance of the contract KNOW ALL MEN BY THESE PRESENTS: That ELAM CONSTRUCTION, INC. (Here insert full name and address or legal title of the Contractor) 1225 South 7th Street, Grand Junction, Colorado 81501 FIREMEN'S INSURANCE COMPANY OF NEWARK, as Principal, hereinafter called Principal, and NEW JERSEY, New York, New York as Surety, (Here insert full name and address or legal title of Surety) hereinafter called Surety, are held and firmly bound unto EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS (Here insert full name and address or legal title of Owner) P. 0. Box 850, Eagle, Colorado 81631 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of WINT,fl urn.Tnown �rww.nrrTV PTVP. mu0TTSA11Tn SEVEN HTZMREn NTNETY TH=*Dollars ($49S07A'3 (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. and Change Order No. 1 WHEREAS, Contractor has by written agreement dated Dated entered into a contract with Owner for 1996 F g1 P calinty PAvi n9 Project conai af-i no of Pairing., Gye lay, and Levelling Course on Various Ea_g1 P Cn»nty Roar7a Fag1 P r n"ntyo r ni ordo Project No- E1S in accordance with drawings and specifications prepared by (Here insert full name, title and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 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 void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 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 above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before theexpiration 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 Owner 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 any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90)da ys 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 an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which the legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied to this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. thereof,)Other than in a state court of iss situated, or n the United Sttes�Distritentct Court for the district urisdiction in and n whicthe h he projor otherect, or alsubdivision of ny part thereof,lis situated, te in vhich theand not project, or any part 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 said improvement, whether or not claim for the amount of such lien be presented under and against this bond. AND NO/100. Signed and sealed this ATTEST: BY: Ass4staJ Secretary Ass Z, 16 "Im, WEE 1=7 day of A.D. 19 "__1% Harold F. Elam --wesloenz FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY (Seal) (Sytety) BY: Jnr%e Susan J. Rawson, Denver, Colorado BOND 4IgIC Moore / (Title) Attorney—in—Fact Fr1remen's Ins. Co. of Newark, NJ P. G Box 17830 vAt^.vE;t' �Ja Firemen's Insurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint Celeste Moore of Denver, Colorado its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Five Million (5,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice Resident of the Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bonds, undertakings and all contracts of suretyship: and that an Assistant Vice Resident, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the CompwW. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power o(Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey orcertificate beanngsuch facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Widness whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this T day of May 19 90 ,kttest: FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By D.L Banta, Assistant Vice Resident STATE OF CONNECTICUT COUNTY OF HARTFORD J} L C -I.. �- 6 . Aj".,Lj Ertel B. Askew, Vice Resident On this 7 day of May,19 before me personally came Emil B. Askew, to me known, who being by me duly sworn, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 01"4LOTAlftY LIC GLORIA D. SEEKINS NOTARY PUBLIC CERTIFICATE My Commission Expires March 31, 1993 I, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dated the da of 19 ;= I. Denni Lane, Assistant Vice President 21 BOND 4315L •�'��...... �' Printed in U 5 4 A601ll/o CERTIFICA""S OF INSURANCE 03/(19/96 PRODUCER THIS CERTIFICATE i„ ISSUED AS A MATTER OF INFORMATION HRH/Talbert ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 455 Sherman Street, Suite 390 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 9364 COMPANIES AFFORDING COVERAGE =_nver, CO 80209 COMPANY AUnited States Fidelity & Guaranty Co INSURED Elam Construction, Inc. COMPANY B 1225 S. 7th St. Grand Junction, CO 81501 COMCANY COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) OLICY EXPIRATION I DATE(MM/DD/YY) LIMITS A GENERAL LIABILITY iMP3 0 0 9 3 6 614 0 2 10/01/95 10/01/96 GENERAL AGGREGATE s2,000, 000 PRODUCTS-COMP/OP AGG $2 0 0 0, 000 X COMMERCIAL GENERAL LIABILIT CLAIMS MADE FX OCCUR PERSONAL & ADV INJURY $1 , 0 0 0 , 000 EACH OCCURRENCE $11-2-001 000 —OWNER'S 8 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) 50, 000 rMED EXP (Anyone person) ,$ s 5 000 A AUTOMOBILE X LIABILITY ANY AUTO 1MP30093661402 10/01/95 10/01/96 COMBINED SINGLE LIMIT $l , 0 0 0, 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIREDAUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ AGE LIABILITY AUTO ONLY-EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO i EACH ACCIDENT $ AGGREGATE $ A EXCEBB LIABILITY 1MP30093661402 10/01/95 10/01/96 1EACHOCCURRENCE s5, 000, 000 AGGREGATE s5,000,000 X UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS) E STATUTORY LIMITS EACHACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ OFFICERSAREECUTIVE EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 1996 Eagle County Paving Project consisting of Paving, Overlay, and Levelling Course on various Eagle County Roads, Eagle County, Colorado. (See Attached Schedule.) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Eagle County Board of County EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Commissions 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. BOX 850 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Eagle, CO 81631 OF ANY KIND UPON E COOPANYeRS ASENTS OR REPRESENTATIVES. AUTHORIZED PR ;71� !1J ACORD 25-S (3/93)1 of 2#M10600 S 0 RD CORPORATION 1491 DES$ "IIPTIONS (Continued from P, ,ge 1.) Insured: Elam Construction, Inc. CH: Eagle County Project Number E35 artificate Holder is Additional Insured with respects General Liability and Automobile Liability. Cancellation clause is amended to 30 days, except 10 days for non payment. CISGEM 25.2 (3193)2 02 #M10600 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INF7 TION ONLY AND CONFERS NO RIGHTS UPON YOU TH TIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, E?, . J, OR ALTER THE COVERAGE AFFORDED BY THE POLICI� rED BELOW. This is to Certify that ELAM CONSTRUCTION INC 8r BLUETOP ENTERPRISES INC 1225 SOUTH 7TH STREET Name and �— address of Insured. GRAND JUNCTION CO 81501 I at the issue date of this certificate, Insured by the Company under the poficy(ies) listed below. The insurance afforded by the listed policy(ies) is subject'to all their mns, exclusions and conditions and Is not altered by any requirement, tern or condition of any contract or other document with respect to which this certificate may be sued. ADDITIONAL COMMENTS 1996 Eagle County Paving Project If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. 'PECLAL NOTICE -OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS >N APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. Liberty Mutual Group VOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE rHE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED JNDER THE ABOVE POLICIES UNTIL AT LEAST 3D DAYS OF SUpi .ANCELLATION HAS BEEN MAILED TO: 7 ' County of Eagle CEU THERESA M ACCA HOLDER P.O. BOX 850 AUTHORIZED REPRESENTATIVE OLDf-R Eagle, CO 81631 ENGLEWOOD (303) 799-0818 OFFICE PHONE NUMBER DATE ISSUED r',•. by 1 IFF RT' \II TI"AI r.R01 P - ---t, -r.-h rnvtrenr.• +- -i e,. Ilit • e• L1,Itlt ante- EXP. DATE ❑ CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY C9 POLICY TERM_ WORKERS COMPENSATION COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily Injury By Accident 07/01/96 WC7-191-418482-015 COLORADO 500,000 Each Accident i Bodily Injury By Disease 500,000 Policy Limit Bodily Injury By Disease 500,000 Each Person GENERAL General Aggregate- Other than Products/Completed Operatioris LIABILITY Products/Completed Operations Aggregate i ❑ OCCURRENCE ❑ CLAIMS MADE BOdiIV Injury and Property Damage Liabifiiy Per Occurrence RETRO DATE Personal and Advertising Injury Per PBrsoN Organization Other Other AUTOMOBILE Each Accident- Single Limit LIABILITY B.I. and P.D. Combined ❑ OWNED Each Person Each Accident or Occurrence ❑ NON -OWNED ❑ HIRED Each Accident or Occurrence I I )THER i ADDITIONAL COMMENTS 1996 Eagle County Paving Project If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. 'PECLAL NOTICE -OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS >N APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. Liberty Mutual Group VOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE rHE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED JNDER THE ABOVE POLICIES UNTIL AT LEAST 3D DAYS OF SUpi .ANCELLATION HAS BEEN MAILED TO: 7 ' County of Eagle CEU THERESA M ACCA HOLDER P.O. BOX 850 AUTHORIZED REPRESENTATIVE OLDf-R Eagle, CO 81631 ENGLEWOOD (303) 799-0818 OFFICE PHONE NUMBER DATE ISSUED r',•. by 1 IFF RT' \II TI"AI r.R01 P - ---t, -r.-h rnvtrenr.• +- -i e,. Ilit • e• L1,Itlt ante-