HomeMy WebLinkAboutC96-079 Stan Miller IncC-96 7950 AGREEMENT THIS AGREEMENT is dated as of the _,LAay of , in the year 1996 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Stan Miller, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 -WORK CONTRACTOR shall complete alt work as specified or indicated in the Contract Documents. The work is generally described as follows: Regrading of sloughed material and placement of rock riprap, regrading and elimination of interceptor ditch, topsoil placement, reseeding and mulching, all to restore the site of Lot 25, Highland Meadows, Filing 2 complete and ready for use, as described in contractor's proposal attached as Exhibit A. ARTICLE 2 - ENGINEER The Eagle County Engineer (an employee of Eagle County), who is hereinafter called ENGINEER, 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. ARTICLE 3 - CONTRACT TIME 3.1 All work must be completed by August 1, 1996. 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 the lump sum of $28,524.30 Agreement Page 1 ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit the final Application for Payment in accordance with Article 14 of the General Conditions which will be processed by ENGINEER as provided in the General Conditions. 5.1 Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the Contract Price as recommended by ENGINEER provided that the final payment shall not be due or 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 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. Agreement Page 2 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 4, inclusive). 7.2 Performance Bond. 7.3 General Conditions (Pages 1 to 46, inclusive). 7.4 Specifications (Pages 1 to 6, inclusive). 7.5 Any modification, including Change Orders, duly delivered after execution of 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 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 ntra ry consent to an assignment, no assignment will release o 9a 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 Page 3 Agreement 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. ARTICLE 9 - BONDS Notwithstanding anything to the contrary in the General Conditions, no payment bond is required. 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. This Agreement will be effective on 40,11) .1-42,2-� 1,996. OWNER: Eagle County Board of CO County Commissioners BY: "BY: #4a' GeorgeA. Gates, Chairman a (CORPORATE SU-xL) ATTEST ATTESI! ft . Kt % ".A rY� Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Address for giving notices: 4W Agreement Page 4 STAN MILLER, INC. P. O. BOX 804 a BRECKENRIDGE, COLORADO 80424 PHONE [3031 453-6095 February 29, 1996 County of Eagle Eagle, Colorado 81631 RE Site Restoration of Lot 25, Highland Meadows, Filing 2 To whom it may concern, After looking at the site, I have written up a proposal for the way that I think the project could be done which is a little different than the way it was originally designed. I would take down and re -do a portion of the existing retaining wall. Then, I would need to place some more rocks to increase the wall height approximately 6-8 feet in the worst place. By raising the wall height I can take a cut material from behind the we and place it in lifts and compact the materials as the wall is being built higher, which will make the slope above the wall about a 2:1 slope in the worst spot when completed. I have included a drawing of what I proposed to do to help you understand what I'm talking about. Listed below is a break down of what I have included in the proposal. 1. Mobilization 2. Re -do a portion of existing rock wall 3. Import of 100 CYDS of 3 foot rocks 4 Placement of 3 foot rocks 5. Compacting fill behind wall 6. Remove and fill in interceptor ditch 7. Haul in 2 loads of compost supplied by others 8. Spread 2 loads of compost 9. Hydro -mulch disturbed areas 10. Traffic control 11. Performance bond "TOTAL PRICE $28,524.30 EXHIBIT A Page 1 of 3 �. , ­­ _J/V--f:JJ-OJ/J 1'_UJ NOTES: 1. We will need to have access from the cul-de-sac above the site to be able to do the work. 2. Eagle County will be responsible for supplying permits and asphalt repair. 3. Total price includes bond. If you have any questions or concerns, please call me at 524-7703. Thanks, I Kurt W. Miller EXHIBIT A Page 2 of 3 P. t 1 1 1` 1 P. C AIA Document A312 BOND NUMBER Performance Bond 5842260 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): STAN MILLER, INC. SAFECO INSURANCE COMPANY OF AMERICA P.O. BOX 804 2000 S. COLORADO BLVD., SUITE 4000 BRECKENRIDGE. CO 80424 DENVER, CO 80222-7911 OWNER (Name and Address): EAGLE COUNTY 500 BROADWAY EAGLE, CO 81631 CONSTRUCTION CONTRACT Date: Amount:TWENTY EIGHT THOUSAND FIVE HUNDRED TWENTY FOUR AND 30/100- - - - - - - -$28,524.30 Description (Name and Location): SI TE RESTORAT I ON AT LOTS 25 HI GHLAND MEADOWS, F I L I NG I I BOND Date (Not earlier than Construction Contract Date): Amount:TWENTY EIGHT THOUSAND FIVE HUNDRED TWENTY FOUR AND 30/100- - - - - - - -$26,524.30 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) STAN MILLER, INC. / Signature: , Name and ttle: ( Any a itional signatures appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: THE L I NDEN COMPANY 2000 S. COLORADO BLVD., SUITE 4000 DENVER, CO 80222-7911 (303)756-6700 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall Uzi None E] See Page 2 SURETY Company: (Corporate Seal) SAFECO INSURANCE COMPANY�MERICA Signature: Name and and Title: D i L YNN (�UERfd v ATTORNEY -IN -T OWNER'S REPRESENTATIVE (A�chitect, Engineer or other party): be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not Waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract_ Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contractvith the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: SURETY 5020 (0-92) SG-1052/EP 2/95 Page 1 of 2 PRINTED IN U.S.A. 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Constriction Contract itself, through its agents or through independenteontractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amountof damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation,determine do amount for which it may be liable to do Owner and, as mm as practicable after the amount is determined, tender paymentthereforto the Owner,or .2 Deny liability in whole or in pan and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, die Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liabtlt'ty, in whole or in pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. B After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 42, or 4.3 above, then the responmbdities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be nater than those of the Owner under the Construction Contract. To the limit .if the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: B.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay coats resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4•, and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed perform- ance or non-performanceof the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: The Surety shall not be liable to the Owner or others for obligationsof the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any surh unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Constriction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or put of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph aro 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. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in'this Bond conflicting with said statutory or legal requirement deleted berefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated heroin. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of" Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documentsand changes thereto. 12.3 Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Constriction Contractor to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company -ignature: .dame and Title: Address: (Corporate Seal) Company: Signature: Name and Title: Address: SG-1852/EP 2195 Page 2 of 2 (Corporate Seal) x AIA Document A312 Payment Bond BOND NUMBER 5842260 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): STAN MILLER, INC. P.O. BOX 804 BRECKENRIDGE, CO 80424 OWNER (Name and Address): EAGLE COUNTY 500 BROADWAY EAGLE, CO 81631 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): SAFECO INSURANCE COMPANY OF AMERICA 2000 S. COLORADO BLVD., SUITE 4000 DENVER, CO 80222-7911 Date: Amount:TWENTY EIGHT THOUSAND FIVE HUNDRED TWENTY FOUR AND 30/100- - - - - - - -$28,524.30 Description (Name and Location): SITE RESTORATION AT LOTS 25 HIGHLAND MEADOWS, FILING 11 BOND Date (Not earlier than Construction Contract Date): Amount:TWENTY EIGHT THOUSAND FIVE HUNDRED TWENTY FOUR AND 30/100- - - - - - - -$28,524.30 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) STAN MIL R, NC. SAFECO INSURANCE COMP Y IF AMERICA Signature: Signature: Name and T' e: Name and 'ritle: D d 06N U (Any additional signatures appear on page 2.) AT TORNE Y -F T (FOR INFORMATION ONLY - Name, Address and Telephone) OWNER'S REPRESENTATIV (Architect, Engineer or other AGENT or BROKER: THE L I NDEN COMPANY party): 2000 S. COLORADO BLVD., SUITE 4000 DENVER, CO 80222-7911 (303)756-6700 1 The Contractor and the Suety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly males payment, directly or indirectly, for all sums due Claimants,and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly males payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the laborvas done or performed; and SURETY 50211 (e-Oy SG-18531EP 2195 Page 1 of 2 PRINTED IN U.S.A. .2 Have either received a rejection in whole or in put from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that s sufficientcomplianee. B When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: B.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the bas's for challenging any amounts that aro disputed. 6.2 Pay or arrange for paymentof any undisputed amounts. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. B Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner acceptuuthis Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contractare dedicated to satisfy obl*atkmsof the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completionof the work 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any coats or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to laimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contractor to related subcontracts,purchne orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other Urn in a court of competent jurisdiction in the location in which MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: the work or put of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 42.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipmentwere furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraphare 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. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor,however accomplshed,sball be sufficientcompliance as of the dam received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that pan of water, gas, power, light, heat, oil, gasoline, telephone service or renal equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractorand the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction when the labor, materialsor equipmentwere furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documentaand changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contractor to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Signature: Ninne and Title: .iddress: (Corporate Seal) Company: Signature: Name and Title: Address: SG-1853/EP V95 Page 2 of 2 (Corporate Seal) e POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY sSEATTLOME E.E.Fw WASHINGTON PLAZAFECO NGTON08185 No. 1501 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint •■DON R. BROYLES; FRANK C. PENN; KATHRYN K. SHANKS; DILYNN GUERN; LISA M. LOEFFLER; PAMELA J. HANSEN; CATHERINE S. HUNT; BRUCE H. LOWDERMILK; CRAIG A. MERTEN; Denver. Colorado••••■••••■■•• its true and lawful attomoy(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as If such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 26th day of October . 1995 . CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint Individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the Course of its business . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal. or a facsimile thereof. may be impressed or affixed or In any other manner reproduced: provided. however. that the Seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted Judy 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws. and 00 A copy of the power-of-attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seat of the Company may be a facsimile thereof" I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-1300IEP UO3 this day Of 19 ® Registered trademark of SAFECO Corporation. CERTIFICATE OF INSURANCE LF 12093 ISSUE DATE (MM/ODrm n 03/01/96 IDUCER THIS CERTIFICATE IS ISSUED AS A MA17ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE E LINDEN COMPANY POLICIES BELOW. COMPANIES AFFORDING COVERAGE rm SO. COLORADO BLVD .R CO 80222-7911 COMPANY A CIGNA LETTER COMPANY B MARYLAND INS GRP LETTER URED COMPANY C AN MILLER C . 'ITER COMPANY D 0. BOX 804 ECKENRIDGE, CO 80424 LETTER COMPANY E LETTER !)fERA.GES .. :. . 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 ONTRAECT ORO I mER DC "UMENT WITH RESPECT TO WHICH THIS Y PAID CLLAIMSEIN IS SUBJECT TO ALL THE TERMS, EXCL SIONS AND CONDITIONS OF SUCH POLIdIES. LIMITS SSHOWN MAY HAVE BEEN REDUCED DESCRIBED TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P ATE (MMIDD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EPA2 81119 9 6 03/01/96 03/01/97' GENERAL AGGREGATE s 2,000,00d PROOUCTS—COMP/OP AGG. s 2,000,00 MMERCIAL GENERAL LIABILITY LAIMS MADE ©OCCUR. PERSONAL & ADV. INJURY S 11000,00 EACH OCCURRENCE s ] QQQ Q Q OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one fire) S 300,00 MED.EXP. (Any one person) S 1 Q AUTOMOBILE LIABILITY ECA2 81119 8 8 03/01/96 03/01/97 COMBINED SINGLE FIANY AUTO LIMIT s 11000,000 BODILY INJURY OWNED AUTOS SCHEDULED AUTOS (Per person) s BODILY INJURY HIRED AUTOS NON—OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY EXCESS LIABILITY UB 8 6 7 3 2 0 8 9 03/01/96 03/01/97 EACH OCCURRENCE S AGGREGATE S 3,000,00c UMBRELLA FORM OTHER THAN UMBRELLA FORM V: ""4KER'S COMPENSATION 0 4 0 3 312 5 6 03/01/96 03/01/97 STATUTORY LIMITS S 1 Q Q Q Q EACH ACCIDENT AND DISEASE—POLICY LIMIT S rj Q Q Q Q EMPLOYERS' LIABILITY DISEASE—EACH EMPLOYEE IS 100,00 OTHER SCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS x/97 ALL OPERATIONS/ALL'LOCATIONS: .: SITE RESTORATION AT LOTS 25 HIGHLAND MEADOWS, FILING II PROJECT (DIRTWORK) I DAY NOTICE C: CANCELLATION FOR NON-PAYMENT OF PREMIUM ;RTIFICATE HOLDER EAGLE COUNTY 500 BROADWAY EAGLE CO 81631 CORD 25-S (7/90) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _3 QDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIAPII-rrY CF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTH�OR/Ijg�D' REPRESENTATIVE ^/'j CACORD CORPORATION 199(