HomeMy WebLinkAboutC97-275 B&B Excavating IncAGREEMENT FOR LANDFILL CONSTRUCTION
THIS AGREEMENT is dated as of the day o& p 1997, by and between
Eagle County, Colorado, a body corporate and politic, acting by and through its Board
of County Commissioners (hereinafter called "Owner"), and
2 (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
("Work"). The Work is generally described as: CONTRACTOR SHALL PROVIDE THE
NECESSARY PERSONNEL AND EQUIPMENT TO CONSTRUCT THE WATER
HOLDING POND; ACCESS ROAD WHICH INCLUDES INSTALLATION OF
DRAINAGE CULVERTS; AND, DRAINAGE CHANNELS [INCLUDING BEDDING
MATERIAL AND RIPRAP] ASSOCIATED WITH DRAINAGE CULVERTS IN ACCESS
ROAD AS SPECIFIED IN EXHIBIT "A" which is attached hereto and incorporated by
this reference.
ARTICLE 2 - OWNER'S REPRESENTATIVE
The Project is under the authority of the Eagle County Road & Bridge Department, the
Director of which, or his designee, shall be Owner's liaison with Contractor with respect
to the performance of the Work.
ARTICLE 3 - CONTRACT TIME
3.1 The Work will be completed and ready for final payment in accordance with the
Contract Documents on or before December 31, 1997.
3.2 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the
essence of this Agreement and that Owner will suffer financial loss if the Work
is not substantially complete within the time specified in paragraph 3.1 above,
plus any extensions thereof allowed in accordance with the General Conditions.
They also recognize the delays, expense, and difficulties involved in proving a
legal or arbitration 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 Three Hundred dollars ($300.00)
for each day that expires after the time specified in paragraph 3.1 for
completion until the Work is complete.
Agreement Page 1
ARTICLE 4 - CONTRACT PRICE
4.1 The funds appropriated for this project are equal to or in excess of the contract
amount.
4.2 Pursuant to the provisions §24-91-103.6, C.R.S., and notwithstanding anything
to the contrary contained elsewhere in the Contract Documents, no change
order or other form of order or directive by Owner, and no amendment to this
Agreement, requiring additional compensable work to be performed which work
causes the aggregate amount payable under the Agreement to exceed the
amount appropriated for the original Agreement, shall be of any force or effect
unless accompanied by a written assurance by Owner that lawful
appropriations to cover the costs of the additional work have been made or
unless such work is covered under a remedy -granting provision in the
Agreement.
ARTICLE 5 - PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with the General
Conditions. Applications for Payment will be processed as provided in the General
Conditions.
5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on
account of the Contract Price on the basis of Contractor's Applications for
Payments, as provided below. All progress payments will be on the basis of
the progress of the Work.
5.1.1 Prior to 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
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.
5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with
the General Conditions, Owner shall pay the remainder of the Contract Price.
The final payment shall not be made until after final settlement of this contract
Agreement Page 2
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 C.R.S. §38-26-107.
Final payment shall be made in accordance with the requirements of the
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 made, or caused to be made, examinations, investigations, and
tests and studies of such reports and related data as he deems necessary for
the performance of the Work at the Contract Price, within the Contract Time,
and in accordance with other terms and conditions of the Contract Documents;
and no additional examinations, investigations, tests, reports, or similar data
are, or will be required by Contractor for such purposes.
6.3 Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the
Contract Documents.
6.4 Contractor has given Owner written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by Owner is acceptable to Contractor.
Agreement Page 3
ARTICLE 7 - CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement are made a part hereof,
and consist of the following:
7.1 This Agreement.
7.2 Contractor's Bid.
7.3 Performance and other Bonds.
7.4 Notice of Award and, if any, Notice to Proceed.
7.5 General Conditions (Pages 1 to 10, inclusive).
7.6 Specifications and Drawings.
7.7 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 an executed,
written amendment to this Agreement.
ARTICLE 8 - BONDS
Not later than five business days following the execution of this Agreement, Contractor
shall deliver to the Owner the bonds required by the Contract Documents, and,
notwithstanding anything to the contrary contained in the Contract Documents, Owner
shall have no liability or obligation hereunder unless and until the bonds have been so
delivered.
ARTICLE 9 - MISCELLANEOUS
9.1 No assignment by a party hereto of any rights under, or interests in the
Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation,
moneys that may become due and moneys that are due may not be assigned
without such consent (except to the extent that the effect of this restriction may
be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
Agreement Page 4
L
9.2 Owner and Contractor each binds himself, his partners, successors, assigns
and legal representatives to the other party hereto, in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
9.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto
regarding the interpretation of this Agreement, or the obligations, duties or
rights of the parties hereunder, or if suit otherwise is brought to recover
damages for breach of this Agreement, or an action be brought for injunction or
specific performance, then and in such events, the prevailing party shall
recover all reasonable costs incurred with regard to such litigation, including
reasonable attorney's fees.
9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the
State of Colorado. Jurisdiction and venue of any suit, right, or cause of action
arising under, or in connection with this Agreement shall be exclusive in Eagle
County, Colorado.
9.5 INTEGRATION: This Agreement supersedes all previous communications,
negotiations and/or contracts between the respective parties hereto, either
verbal or written, and the same not expressly contained herein are hereby
withdrawn and annulled. This is an integrated agreement and there are no
representations about any of the subject matter hereof except as expressly set
forth in the Contract Documents.
9.6 NOTICE: Any notice and all written communications required under this
Agreement shall be (1) 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:
To Contractor:
9
telephone:
telefax:
Agreement Page 5
To Owner:
Don Fessler
Road & Bridge Department
Eagle County
P.O. Box 250
Eagle, CO 81631
telephone: 970-328-8830
telefax: 970-328-8839
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.
[signature page next page]
Agreement Page 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on
the date first above written.
ATTEST``'
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e
C0toa.NO0
By:
Clerk of the Board of
County Commissioners
By:
STATE OF COLORADO
ss:
County of Eagle
"Owner":
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY
COMMISSIONERS
By:
Johnnette Phillips
Chairperson
"Contractor":
- tea, TSB
On this % day of GTW , 1997, came before me, a notary public, _
740mA5 W, /3ov¢ui,-, known to me to be the A,?�s��e.ir of _
who acknowledged to me that he executed the
foregoing document, that he executed it in that capacity, and that the same was
the act of the entity identified in the document as "Contractor".
My commission expires: V 1a
Nota Public
Agreement Page 7
EXHIBIT "A"
SCOPE OF THE WORK: The Work shall be comprised of the following three (3) elements of
the State -approved Eagle County Landfill Design, Operations, and Closure Plan:
A. Construction of the water holding pond. The water holding pond is a rectangular
surface impoundment approximately 145 feet by 175 feet and 11 feet deep. The pond
will be lined with a 2 -foot soil layer that is placed, moisture conditioned, and
compacted to achieve a hydraulic conductivity of less than or equal to 1 x 10-6 cm/sec.
Approximately 820 yd' of clay material are required for the liner and is available on
site. All interior slopes for the pond will be 4 to 1 [horizontal to vertical]. Exterior
slopes will be 4 to 1 or less steep. Complete construction details are shown on Plate 8,
included within the bid documents. It is estimated that 4,500 cubic yards of material
are required to be cut and 1,200 cubic yards of material are required to be filled to
construct the site. Fill material is available on site. Two [2] 18" culverts will be
required to be installed in the water holding pond access road.
Note: this portion of the work only pertains to earthwork construction.
Installation of the synthetic component of the liner system, the piping assembly,
and fencing will be accomplished by other parties.
B. Construction of the access road which includes installation of drainage culverts.
This portion entails earthwork construction of the access road across the southern
portion of the fill areas. The access road is approximately 850 feet in length and
requires placement of 5 drainage culverts detailed below:
Culvert #1 [temporary] - 30 inch diameter - approximately 80 feet long
Culvert #2 [temporary] - 24 inch diameter - approximately 110 long
Culvert #2 - 36 inch diameter - approximately 75 feet long
Culvert #3 - 36 inch diameter - approximately 50 feet long
Culvert #6 - 24 inch diameter - approximately 50 feet long
It is estimated that 26,000 cubic yards of material are required as fill material
for the access road with approximately 2,000 cubic yards required to be cut. Fill
material is available on site.
Note: All culverts are ADS corrugated pipe and currently stockpiled on site.
Because the base grades of the access road form a portion of the landfill cell
sidewalls, a compaction of 92% of modified Proctor density [ASTM D1557] must
be met. Soils testing will be conducted by Eagle County's Quality Assurance/
Quality Control [QA/QC] Engineer and designated sub -contractor. Each foot of
EXHIBIT "A" (Continued)
the required lifts will be tested, with each lift no greater than 8 -inches loose and
moisture conditioned. Compaction will be made to the satisfaction of the QA/QC
Engineer.
C. Construction of drainage channels associated with drainage culverts in bermed
portion [access road] across southern portion of fill areas, plus another
previously installed culvert. This portion entails construction of drainage channels
from the outfall of culverts installed in access road to the intake of the sedimentation
pond. Drainage channels 3, 7, and 9 are approximately 750 feet, 250 feet, and 400 feet
in length respectively. Drainage channel 5 is parallel to and located on the north side
of the access road. All drainage channel shapes are triangular, lined with 1 foot
bedding material, then covered with 2 feet minimum of riprap. Approximately 2,140
cubic yards of bedding material and 4,277 cubic yards of riprap will be required.
Note: Eagle County will be responsible for procuring bedding material and
riprap.
Note: Eagle County will be responsible for providing all surveying support for the
above detailed work. All plans and drawings are provided as part of the bid
documents. Eagle County's third party QA/QC Engineer will oversee all aspects
of the construction and, further, all construction must be completed to the
QA/QC Engineer's satisfaction. Further information may be obtained pertaining
to the design and engineering of the proposed project by contacting the QA/QC
Engineer: Kip R. White, P.E.
KRW Consulting, Inc.
7717 W. 6th Avenue, Unit J
Lakewood, CO 80215
(303) 239-9011
D. Construction Time Frame. Contractor will submit a reasonable construction
schedule and work plan for the "Work" as specified in Exhibit "A".
BID SHEET
EAGLE COUNTY LANDFILL CONSTRUCTION
810 DUE DATE -1CM97
WATER
r
HOLDING POND
UNIT PRICE TOTAL
4,500 CY EXCAVATION
2.30 1013so.
1,200 CY EMBANKMENT
830 CY CLAY UNER PUZEMENT$,
,
o
320 CTPOND BERM
DRAINAGE CULVERT PLACEMENT -18" - 40 LF
I 5Voo
ANY EXCESS EXCAVATION MATERIAL CAN BE
APPLIED TO ACCESS ROAD FILL]
ACCESS ROAD & DRAINAGE CULVERTS
DRAINAGE CHANNELS
(SHAPE, WIDTH, a DEPTH AS INDICATED ON PLATE S - MODULE 1 DESIG11
1%f
LUMP SUM TOTAL JASI c�
��5
ROAD & BRIDGE DEPARTMENT
GENERAL CONDITIONS
1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities,
permits, licenses, transportation, and other facilities and services necessary for
proper execution and completion of the Work.
2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects
from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner
will cooperate with Contractor to obtain tax exemption for this project.
3. Contractor shall be responsible for having taken steps reasonably necessary to
ascertain the nature and location of the Work, and the general and local conditions
which can affect the Work or the cost thereof. Any failure by Contractor to do so will
not relieve him from responsibility for successfully performing the Work without
additional expense to the Owner. Owner assumes no responsibility for any
understanding or representations concerning conditions made by any of its officers,
employees or agents prior to the execution of this Agreement, unless such
understanding or representations are expressly stated in the Agreement.
4. Before commencing activities, Contractor shall: (1) take field measurements and
verify field conditions; (2) carefully compare this and other information known to
Contractor with the Agreement; and (3) promptly report errors, inconsistencies or
omissions discovered to Owner.
5. Contractor shall supervise and direct the Work, using Contractor's best skill and
attention. Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work.
6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names
of subcontractors and suppliers for each portion of the Work.
7. No charge shall be made by Contractor for hindrances or delays from any cause
whatever during the progress of any portion of the Work, unless such hindrance or
delay is caused in whole or in part by acts or omissions within the control of Owner.
In any event, Owner may grant an extension of time for the completion of the Work,
provided it is satisfied that delays or hindrances were due to causes outside
Contractor's control, e.g., weather, or to acts of omission or commission by the
Owner, provided that such extensions of time shall in no instance exceed the time
actually lost to Contractor by reason of such causes, and provided further that
Contractor shall have given Owner immediate (as determined by the circumstances,
but not exceeding 48 hours) notice in writing of the cause of the detention or delay.
8. Contractor shall deliver, handle, store and install materials in accordance with
manufacturers' instructions.
9. Contractor shall comply with and give notices required by all federal, state and local
laws, statutes, ordinances, building codes, rules and regulations applicable to the
Work. If the Contractor performs Work knowing it to be contrary to laws, statutes,
ordinances, building codes, rules or regulations without notice to Owner, Contractor
shall assume full responsibility for such Work and shall bear the attributable costs.
Contractor shall promptly notify Owner in writing of any conflicts between the
specifications for the Work and such governmental laws, rules and regulations.
10. The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs, including all those required by law in connection
with performance of the Agreement. The Contractor shall promptly remedy damage
and loss to property caused in whole or in part by the Contractor, or by anyone for
whose acts the Contractor may be liable.
11. Contractor shall keep the premises/work site and surrounding area free from
accumulation of debris and trash related to the Work.
12. Contractor shall furnish performance and payment bonds, each in an amount at
least equal to the contract price as security for the faithful performance and payment
of all Contractor'S obligations under the contract documents. These bonds shall
remain in effect at least until two years after the date of final payment, except as
otherwise provided by law. Contractor shall also furnish other bonds as are
required by the supplementary conditions. All bonds shall be in forms satisfactory
to Owner, and be executed by such sureties as (a) are licensed to conduct business
in the state where the project is located, and (b) are named in the current list of
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All
bonds signed by an agent must be accompanied by a certified copy of the authority
to act.
If the surety on any bond furnished by Contractor is declared bankrupt, or becomes
insolvent, or its right to do business is terminated in any state where any part of the
project is located, or it ceases to meet the requirements of clauses (a) and (b) of the
preceding paragraph, Contractor shall within five days thereafter substitute another
bond and surety, both of which shall be acceptable to Owner.
13. Contractor shall be solely responsible for the protection of the Work until its final
acceptance by Owner. Contractor shall have no claim against Owner because of
any damage or loss to the Work, and shall be responsible for the complete
restoration of damaged Work to its original condition. In the event Contractor's
Work is damaged by another party, not under his supervision or control, Contractor
shall make his claim directly with the party involved. If a conflict or disagreement
develops between Contractor and another party concerning the responsibility for
damage or loss to Contractor's Work, such conflict shall not be cause for delay in
Contractor's restoration of the damaged Work.
14. Contractor's Insurance:
The Contractor shall purchase and maintain such insurance as will protect him from
claims set forth below which may arise out of or result from the Contractor'S
operations under the contract, whether such operations be by himself, or by any
subcontractor, or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable. All such insurance shall remain
in effect until final payment, and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work. In addition, Contractor shall
maintain such completed operations insurance for at least two years after final
payment, and furnish Owner with evidence of continuation of such insurance at final
payment and one year thereafter.
Insurance coverage shall be as follows:
Claims under Workmen's Compensation, disability benefits, and other similar
employee benefit acts, with coverage and in amounts as required by the laws of the
State of Colorado;
Claims for damage because of bodily injury, occupational sickness or disease, or
death of his employees, and claims insured by usual personal injury liability
coverage;
Claims for damage because of bodily injury, sickness, disease, or death of any
person other than his employees; and
Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting therefrom;
Contractor's Liability Insurance issued to and covering the liability for damage
imposed by law upon the Contractor and each subcontractor with respect to all
Work performed by them under the Agreement;
Contractor's Protective Liability Insurance issued to and covering the liability for
damages imposed by law upon the Contractor and each subcontractor with respect
to all Work under the Agreement performed for the Contractor by subcontractors.
Completed Operations Liability Insurance issued to and covering the liability for
damage imposed by law upon the Contractor and each subcontractor arising
between the date of final cessation of the Work, and the date of final acceptance
thereof out of that part of the Work performed by each.
Comprehensive Automobile Insurance.
All liability and property damage insurance required hereunder shall be
Comprehensive General and Automobile Bodily Injury and Property Damage forms
of policies, as the case may be.
The Contractor shall in addition, and in the amounts required under the above,
obtain protective Liability Insurance issued to and covering the liability for damages
imposed by law upon the Owner with respect to all operations under the
construction contract by the Contractor or his subcontractors, including omissions
and supervisory acts by the Owner.
Builder's Risk Insurance: Insofar as the Work to be performed under this contract
consists entirely of new construction removed and separated from any existing
facility used by Owner, Contractor shall procure and maintain, for the duration of the
Work of this project, Builder's Risk Insurance, including the perils of fire, extended
coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and
malicious mischief, and special extended coverage (loss due to falling objects,
collapse, water damage from faulty or leaking systems, etc.) in the full amount of the
contract price plus the cost of authorized extras. Said amount of insurance
coverage shall be considered to cover the insurable value of the Work under this
contract which is considered not to exceed one hundred percent (100%) of the
amount of this contract and authorized extras. Such policy shall not insure any tools
or equipment, or temporary structures erected at the site and belonging to any
person or persons, or their subcontractors who are obliged by contract with the
Owner to do Work on the projects.
Comprehensive Risk Policy Option: In lieu of the several policies specified for
Contractor's Liability Insurance, a comprehensive liability and property damage
insurance policy inclusive of all the insurance and requirements herein set forth,
subject to the approval of the Owner, will be permissible.
Insurance covering claims for damages to persons or property shall at a minimum
provide coverage of the larger of (i) $500,000 each person/$1,000,000 each
occurrence, for bodily injury and $600,000 each occurrence for property damage ,
(ii) the maximum liability of a local government provided in the Colorado
Governmental Immunity Act, 24-10-101, et seq., CRS (1973) as that may be
amended from time -to -time, or (iii) such greater amount(s) as may be required by
law.
Insurance shall be placed jointly in the names of the Owner, Contractor, and any
and all subcontractors, and any and all others obliged by contract with the Owner
to do Work on this project, and, at the Owner's option, any other person or persons
whom the Owner deems to have an insurable interest in said property, or any part
thereof, payable as their several interests may appear. Any proceeds obtained from
insurance provided for by this paragraph shall be paid to and held by the Owner as
trustee. The Owner shall have the right to withhold payment of such proceeds until
such time as the Work destroyed or damaged and covered by such insurance shall
be reconstructed and shall pay such proceeds on an installment basis similar to that
provided for by progress payments covering the original Work.
Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed
with the Owner prior to commencement of the Work. These Certificates shall contain
provisions naming the Owner as an additional insured under Contractor's insurance, as
more fully required by the General Conditions herein, and that coverage afforded under the
policies will not be cancelled until at least thirty days prior written notice has been given the
Owner. Contractor and his subcontractors shall not permit any of his subcontractors to
start Work until all required insurance have been obtained and certificates with the proper
endorsements have been filed with the Owner. Failure of the Contractor to comply with the
foregoing insurance requirements shall in no way waive the Owner'S rights hereunder.
15. Owner, at its option, may purchase and maintain such liability insurance as will
protect him against claims which may arise from operations under this contract.
Purchasing and maintaining such insurance, however, will not relieve the Contractor
from purchasing and maintaining the insurance hereinbefore specified.
16. Before permitting any of his subcontractors to perform any Work under this contract,
Contractor shall either (a) require each of his subcontractors to procure and
maintain during the life of his subcontracts, Subcontractor's Public Liability and
Property Damage Insurance of the types and in the amounts as may be applicable
to his Work, which type and amounts shall be subject to the approval of the Owner,
or (b) insure the activities of his subcontractors in his own policy.
17. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless
Owner, its board, commissioners, employees and the agents of any of them, from
and against claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from performance of the Work, provided
that such claim, damage, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other than the
Work itself) including loss of use resulting therefrom, but only to the extent caused
in whole or in part by negligent acts or omissions of the Contractor, a subcontractor,
anyone directly or indirectly employed by them or anyone for whose acts they may
be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
18. After execution of the Agreement, changes in the Work may be accomplished by
Change Order or by order for a minor change in the Work. Owner, without
invalidating the Agreement, may order changes in the Work within the general
scope of the Agreement consisting of additions, deletions or other revisions.
a. No Change Orders or other form of order or directive which requires
additional compensable work to be performed may be issued or be effective
unless accompanied by a written assurance to the Contractor that lawful
appropriations to cover the costs of the additional work have been made.
b. A Change Order shall be a written order to the Contractor signed by Owner
to change the Work.
C. Owner will have authority to order minor changes in the Work not involving
changes in the Contract Price or the Contract Time. Such changes shall be
written orders and shall be binding on the Contractor and Owner. Contractor
shall carry out such written orders promptly.
19. Progress Payments:
If the project is subject to progress payments, not more often than once a month,
Contractor shall submit to Owner an application for payment filled out and signed
by Contractor covering the work completed as of the date of the application, and
accompanied by such supporting documentation as Owner may reasonably require.
If payment is requested on the basis of materials and equipment not incorporated
in the work, but delivered and suitably stored at the site or at another location
agreed to in writing, the application for payment shall also be accompanied by such
data, satisfactory to Owner, as will establish Owner's title to the material and
equipment, and protect Owner's interest therein, including applicable insurance.
Each subsequent application for payment shall include an affidavit of Contractor
stating that all previous progress payments received on account of the work have
been applied to discharge in full all of Contractor's obligations reflected in prior
applications for payment. The amount of retainage with respect to progress
payments will be as stipulated in the Agreement.
Owner will, within ten days after receipt of each application for payment, either
indicate in writing a recommendation of payment, or return the application to
Contractor indicating in writing its reasons for refusing to recommend payment. In
the latter case, Contractor may make the necessary corrections and resubmit the
application. Owner shall, within twenty days of recommendation of payment, pay
Contractor the amount recommended.
20. Final Payment:
Upon written notice from Contractor that the work is complete, Owner will make a
final inspection with Contractor, and will notify Contractor in writing of all particulars
in which this inspection reveals that the work is incomplete or defective. Contractor
shall immediately take such measures as are necessary to remedy such
deficiencies.
After Contractor has completed all such corrections to the satisfaction of Owner,
and delivered all maintenance and operating instructions, schedules, guarantees,
bonds, certificates of inspection, marked -up record documents or as -built drawings
covering all of the Work, Contractor may make application for final payment
following the procedure for progress payments. The final application for payment
shall be accompanied by all documentation called for in the contract documents,
and such other data and schedules as Owner may reasonably require, together with
complete and legally effective releases or waivers (satisfactory to Owner) of all liens
arising out of, or filed in connection with the work. In lieu thereof, and as approved
by Owner, Contractor may furnish receipts or releases in full; an affidavit of
Contractor that the releases and receipts include all labor, services, material, and
equipment for which lien could be filed, and that all payrolls, material, and
equipment bills, and other indebtedness connected with the work, for which Owner
or his property might in any way be responsible, have been paid or otherwise
satisfied; and consent of the surety, if any, to final payment. If any subcontractor,
manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt
in full, Contractor may furnish a bond or other collateral satisfactory to Owner to
indemnify Owner against any lien.
21. Final payment shall not become due until Contractor submits to Owner releases and
waivers of liens, and data establishing payment or satisfaction of obligations, such
as receipts, claims, security interests or encumbrances arising out of the Work.
Final payment is subject to the Final Settlement requirements and time periods set
forth in C.R.S. §38-26-107.
22. Contractor warrants and guarantees that title to all work, materials, and equipment
covered by any application for payment, whether incorporated in the project or not,
will pass to Owner at the time of payment free and clear of all liens, claims, security
interests, and encumbrances (in these General Conditions referred to as "Liens").
23. Contractor's obligation to perform and complete the Work in accordance with the
contract documents shall be absolute. Neither the recommendation of any progress
or final payment nor the payment by Owner to Contractor under the contract
documents, nor any use or occupancy of the Work or any part thereof by Owner,
nor any act of acceptance by Owner, nor any failure to do so, nor any correction of
defective Work by Owner shall constitute an acceptance of Work not in accordance
with the contract documents or a release of Contractor's obligation to perform the
Work in accordance with the contract documents.
24. If Contractor fails to correct Work which is not in accordance with the Agreement,
the Owner may direct the Contractor to stop the Work until the correction is made.
25. Contractor shall promptly correct Work rejected by Owner as failing to conform to
the requirements of the Agreement and Contractor shall bear the cost of correcting
such rejected Work.
26. Contractor warrants to Owner that: (1) materials and equipment furnished under the
Agreement will be new and of good quality; (2) the Work will be free from defects
not inherent in the quality required or permitted; and (3) the Work will conform to the
requirements of the Agreement.
27. Contractor warrants and guarantees to Owner that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt notice of all defects
shall be given to Contractor. If, within one year after the date of completion, or such
longer period of time as may be set forth in the Agreement (including the Bid),
prescribed by law, prescribed by the terms of any applicable warranty given by a
materials supplier or required by or a part of the Agreement, any Work is found to
be defective, Contractor shall promptly, without cost to Owner, and in accordance
with Owner's written instructions, either correct such defective Work, or, if it has
been rejected by Owner, remove it from the site, and replace it with nondefective
work. If Contractor does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious risk of loss or damage, Owner
may have the defective Work corrected or the rejected Work removed and replaced,
and all direct and indirect costs of such removal and replacement, including
compensation for additional professional services, shall be paid by Contractor.
28. If Contractor defaults or neglects to carry out the Work in accordance with the
Agreement and fails within a seven day period after receipt of written notice from the
Owner to correct such default or neglect with diligence and promptness, the Owner
may, without prejudice to other remedies, correct such deficiencies. In such case,
t
the Agreement may be terminated by Owner or a Change Order shall be issued
deducting the cost of correction from payments due the Contractor.
29. The performance of the Work may be terminated at any time in whole, or from time
to time in part, by Owner for its convenience. Any such termination shall be effected
by delivery to Contractor of a written notice ("Notice of Termination") specifying the
extent to which performance of the Work is terminated and the date upon which
termination becomes effective. After receipt of a Notice of Termination, and except
as otherwise directed by Owner, Contractor shall, in good faith, and to the best of
its ability, do all things necessary, in the light of such notice and of such requests
in implementation thereof as Owner may make, to assure the efficient, proper
closeout of the terminated Work (including the protection of Owner's property).
Among other things, Contractor shall, except as otherwise directed or approved by
Owner:
a. stop the Work on the date and to the extent specified in the Notice of
Termination;
b. place no further orders or subcontracts for services, equipment or materials
except as may be necessary for completion of such portion of the Work as
is not terminated;
C. terminate all orders and subcontracts to the extent that they relate to the
performance of Work terminated by the Notice of Termination;
d. assign to Owner, in the manner and to the extent directed by it, all of the
right, title and interest of Contractor under the orders or subcontracts so
terminated, in which case Owner shall have the right to settle or pay any or
all claims arising out of the termination of such orders and subcontracts;
e. with the approval of Owner, settle all outstanding liabilities and all claims
arising out of such termination or orders and subcontracts; and
f. deliver to Owner, when and as directed by Owner, all documents and all
property which, if the Work had been completed, Contractor would be
required to account for or deliver to Owner, and transfer title to such property
to Owner to the extent not already transferred.
In the event of such termination, there shall be an equitable reduction of the Contract Price
to reflect the reduction in the Work and no cost incurred after the effective date of the
Notice of Termination shall be treated as a reimbursable cost unless it relates to carrying
out the unterminated portion of the Work or taking closeout measures.
\rd&brdge.gc
\
Irl, TNN T
DATE (MMIDDIYY)
::10/07/97
PRODUCER
THIS CERTIFICATE IS 15SUED AS A MATTER OF INFORMATION
L o c k t o n Companies of CO, Inc.
4500 Cherry Creek Drive South
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 400 M12
COMPANIES AFFORDING COVERAGE
Denver, CO 80222-0099
COMPANY
303-753-2000
A US Fire Insurance Company
INSURED
COMPANY
B & B Excavating, Inc.
B North River Insurance Company
COMPANY
P.O. Drawer 249
Vail, CO 81658
C Indemnity Ins. Co, of N.A.
COMPANY
D Hartford Insurance Group
----::-.>:-------X;.........:>::::..::::............................
►uE1�(A5 ..............................................................
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REOUIREMENT, TERMOR CONDITION OF ANYCONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICHTHIS
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 (MMIDDIYY)
POLICY EXPIRATION
DATE (MMIDDIYY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE $ 2,000 000
A
X
COMMERCIAL GENERAL LIABILITY
5031445905
4/01/97
4/01/98
PRODUCTS-COMP/OP AGG $ 2,000,000
CLAIMS MADE F-X] OCCUR
PERSONAL & ADV INJURY $ 1,000 ,000
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE $ 1 '000 ,000
FIRE DAMAGE (Any one tire) $ 50 , 000
MED EXP (Any one person) $ 5 , 000
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
1336291245
4/01/97
4/01/98
COMBINED SINGLE LIMIT $
1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $
(Per person)
X
X
HIRED AUTOS
NON -OWNED AUTOS
BODILYINJURY
(Per accident) $
PROPERTY DAMAGE $
GARAGE LIABILITY
AUTO ONLY • EA ACCIDENT $
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE $ 1'000,000
AX
UMBRELLA FORM
5530363038
4/01/97
4/01/98
AGGREGATE $ 1,000,000
OTHER THAN UMBRELLA FORM
$
WORKERS COMPENSATION AND
X STATUTORY LIMITS
C
EMPLOYERS'LIABILITY
C41832459
4/01/97
4/01/98
EACH ACCIDENT $ 100,000
THE PROPRIETOR/ X INCL
PARTNERS/EXECUTIVE
DISEASE • POLICY LIMIT $ 500,000
DISEASE . EACH EMPLOYEE $ 100,000
OFFICERS ARE: EXCL
OTHER
D
Builders Risk
TO BE DETERMINED
10/07/97
10/01/98
$238,950 Limit
Special Form
$ 250 Deductible
DESCRIPTION OF OPERATION SILOCATIONSIVEHICLESISPECIAL ITEMS
RE: Eagle County Landfill Construction
County of Eagle, State of Colorado
By and Through Its Board Of County Commissioners
are named as Additional
Insureds as respects Liability coverage
for work performed by the Insured.
......................
:.GER ilFI AT Fi LQEIi
::::.::..:..:..... ....... .................
CANCELLA*t6 .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL HWKQ"WMXMAIL
Eagle County, Colorado
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
PO Box 250
eiiic+3c�bYAxiscos�7�4�maualxa;�a�iaBa�a�n�o�mraBx�x
712 Castle Drive
acsc�xxl>acxxixan�Hrxxil9€xxR4�4€Rg€R4iRak
Eagle, CO 81631-0250
TH REPRESENTATIVE 001478000
001478000
�77��
::kCQi3Q:25�S . 1 ::
:::»:;:. . . ..
..»;::::::::.:.::::::..........:......:.......:.......:...::. A.: . W00..0 AkrlpN::g9�
Executed in Three Originals - Bond No. 141809168
Construction Performance Bond
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):
B & B Excavating, Inc. National Fire Insurance Company of Hartford
Drawer 249 CNA Plaza
Vail, CO 81658 Chicago, IL 60685
OWNER (Mame and Address): Eagle County, Colorado
P.O. Box 250 - 712 Castle Dr.
Eagle, CO 81631-0250
CONSTRUCTION CONTRACT
Date:
AmounWne Hundred Thirty Eight Thousand Nine Hundred Twenty One and 40/100 Dollars
Description (Name and Location): Landfill Construction
BOND
Date (Not earlier than Construction Contract Date):
Amount One Hundred Thirty Eight Thousand Nine Hundred Twenty One and 40/100 Dollars
Modifications to this Bond Fcim: None ($138,921.40)
CONTRACTOR AS PRINCIPAL
Company:B & CAVATING,, IINNC. (Corp. Seal)
Signatu' �/5!!�.-.��� �!!�
re
Name and Title: SJ44)j(y 0. &Ajaioaa �1
54CC./ Y. P.
SURETY NATIONAL FI NSURANC
Company_:. ANY 0 TF ( orp. Seal)
Si 6
Name ind.Me: Sue Wood, Attorney -in -Fact
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seat) Company:
Signaw -e:
Name and Title:
Signature:
Name and Title:
EJCDC No. 1910-ZSA (1984 Edition)
PRFamd through the point eSoru of The Surety Association of Amenca. Enpnews
General Contraacn of Amana. and the Amman Insutute of Amfutecu.
P&1
(Corp. Seal)
r
I. The Contractor and the Surety. jointly and severally. bind themselves.
their heirs. executors. adnuntstrators. successors and assigns to the Owner
for the performance of the Consuucuon ConuwL which is incorporated
herein by reference.
1 If the Contractor performs the Construction Contract. the Surety and
the Contractor shall have no obiipuon under this Bond. except to par-
wcipate in conferences as provided in Subparagraph 3.1.
S. If there is no Owner Default. the Surety's obligation under this Bond
shall arse after.
3.1. The Owner has noufled 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 nouee to
discuss methods of performing the Constnrcuon Contract. If the
Owner. the Contractor and the Surety agree. the Contractor shall
be allowed a reasonable rime to perform the Construcuon Cars-
tract.
OMtract. out such an agreement shall not waive the Owner s right. if
any. subsequently to docis a Contractor Default: and
3.2. The Owner has declared a Contractor Default and formally ter.
mooted the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier that twenty days
after the Contractor and the Surety have received notice as pro-
vided in Subparagraph 3.1: 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 Constrinctm
Contract or to a contractor selected to perform the Construction
Contract m accordance with the terms of the contract with the
Owner.
a. 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:
4.1. Arrange for the Contractor. with consent of the Owner. to PC forum
and complete the Construction Contract: or
4.2. Undertake to perform and complete the Construction Contract
itself. through its -pars or through independent contractors: or
4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a conusia for performance and com-
pletion of the Consmtcuon-Contract. arrange for a comrau 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 equrvaimt to
the bonds issued on the Consu'ucuon Contra= and pay to the
Owner the amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Pau incurred by the Owner
resulting from the Contractor's default: or
s -s. Waive its right to perform and complete. arrange for completion.
or obtain a new contractor and with reasonable promptness under
the cuciumiunees:
1. After mvestigauom. determine the amount for which it may be
liable to tete Owner and. as soon as praeuubls after the amount
is detamuned. tender payment therefor to the Owner: or
2. Deny liability in whole or in pat and notify the Owner citing
reasons therefor.
3. If the Surety does not proceed as provided in Paragraph a with reason-
able promptness. the Surety shall be deemed to be in default on that Band
fifteen days after. ccetpt of an additional wrtirm 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 peovhded in Subparagraph A.A. and
the Owner refuses the payment tendered or the Surety has dented liability.
in whole or in part. without Anther noncw the Owner shad be entitled to
enforce any comedy available to the Owner.
6. After the Owner has terminated the Contractor's right to comolete toe
Construction Contract. and if the Suety elects to act under Suooaragraon
4.1. 4.2. or 4.3 above. than the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Constntrton
Contract. and the responsibilities of the Owner to the Surety shall not oe
greater than those of the Owner under the Constntcuon Contract. To the
Haut of the amount of this Bond. but subject to commitment by the Owner
of the Balance of the Contract Price to miuguton of costs and damages
on the Construction Contract. the Surety is obliqued without dupltcauon
for:
6.1. The responsibilities of the Contractor for correction of defective
worst and completion of the Constrvcuou Contract:
6.2. Addtuonal legal. design professional and delay costs resulung
from the Contractor's Default. and resulting from the acuoms or
fatlutrs W act of the Surety under Paragraph ♦: and
6.3. Liquidated damages. or if no Liquidated damages ace specified in
the Conswcuon Contract. actual damages caused by delayed
performance or non-performance of the Contractor.
The Surety shall not be liable to the Owner or others for obligations of
the Contractor that ars unrelated to the Construction Contract. and tae
Balance of the Contract Pau shall not be reduced or set oil on account
of any such unrelated oblipuans. No right of aruton shall accrue on this
Bond to any person or entity other than the Owner or its hews. executors.
admtmstratnes. or successors.
a. The Surety hereby waives notice of any change. including changes of
tints. to the Contrition Contract or to related subcontracts. pumMase
orders and other, obligations.
9. Any proceeding. legal or equitable. under this Bond may be instituted
in any court of competent junsdiction in the location in which the wont
or pat of the waif is located and shall be insuoned within two years after
Contractor Default or within two years atter the Contractor tossed wom-
ing or within two years after the Surety rduses or fails to perform its
oblipuans -odes this Bond. whichever occurs Arse. If the provisions of
this Paragraph ars void or prohibited by law. the tttmtmum period of
Gmtuuion available to sureties as a defense in the jurisdiction of the suit
sMU be applicable.
10. Noun to the Surety, the Owner or the Contractor shall be matted or
deUvered to the address shown on the signatum page.
11. Whm this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the consttucuon was to be
paforma& any provision int this Bond caasicung with said statutory or
tegat reqununeist shall be downed delated herefrom and provisions ecrri-
fomung to such statutory or other legal requirement shat[ be deemed
incorporated here= The intent is tbat that Bond shall be construed as a
statutory bond and not as a common law bond.
IZ. DeSmtiom.
12.1. Balance of the Contract Price The total amount payable by the
Owner to the Contactor under the Construction Contract after
all proper adjustments have been made. including allow-= to
Un Contactor of any amounts received or to be received by
the Owner in sertiemem of insurance or other chums for dam-
ages to which the Contiai for is emuledreduced by all valid
and proper payments made to or on behalf of the Conuaetor
under the ConstrUCLOn Contract.
122. Construction Contract: The aveement between the Owner and
the Contractor identified on the signature page. including all
Contract Documents and changes thereto.
I Z.3. Contractor Default: Failure of the Contractor. which has neither
been remedied nor waved. to perform or otherwise to comply
with Lite terms of the Consuvcuon Contact.
12.4. Owner Default: Failure of the Owner. which has neither been
remedied nor waived. to pay the Contractor as required by :he
Construction Contract or to perform and complete or comply
with the other tenors thereof.
(FOR INFOEMATION ONLY—Name. Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or other party):
Lockton Companies of Colorado, Inc.
500 Cherry_Creek Dr. So., #400
(303) 753-2000 P&2
Executed in Three Originals — Bond No. 141809168
Construction Payment Bond
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):
B & B Excavating, Inc. National Fire Insurance Company of Hartford
Drawer 249 CNA Plaza
Vail, CO 81658 Chicago, IL 60685
OWNER (Name and Address): Eagle County, Colorado
P.O. Box 250 — 712 Castle Dr.
Eagle, CO 81631-0250
CONSTRUCTION CONTRACT
Date:
Amount:One Hundred Thirty Eight Thousand Nine Hundred Twenty One and 40/100 Dollars
Description (Name and Location): Landfill Construction
BOND
Data (Not earlier thaw Construction Contract Date):
Amount:One Hundred Thirty Eight Thousand Nine Hundred Twenty One and 40/100 Dollars
Modifications to this Bond Fong: None ($138,921.40)
CONTRACTOR AS PRINCIPAL SURETY NATIONAL FIRE INSURANCE
Company: B & EXCAVATING, INC : (Corp. Seal) Comparty:C ANY OF HARIO� (Corp. Seal)
signature: `
Si f l
Name and ttle: 5i/J.t�E k • /,�Lq�Q��o �' Name an ule: Sue Wood, Attorney--in—Fact
S-9 e- v P.
CONTRACTOR AS PRINCIPAL SURETY
Company- (Corp. Seal) Company:
Signature.: _ Signature:
Name and Title: Name and Title:
FJCDC No. 1910.288 (1984 Edition)
Prepared through the Joint efforts of the Surety Association of America. Engine
General Contractors of Amenca. American tnsutute of Amhuecu. Amaneaa Sul
Contractors.
LUB-1
(Corp. Seal)
a�
WCKTM
�OCKTON COMPANIES
Post Office Box 221300 ? Denver, CO 80222-0099
(303) 753.20001 Fax: (303) 753-2099
1. The Contractor and the Surety. jointly and severally. bind themselves•
thew heirs. executors. administrators. successors and assigns to the Owner
to pay for labor. materials and equipment furnished for use in the perfor-
mance of the Construction Contract. which is incorporated herein by
reference.
2. With respect to the Owner. this obligation shall be mill and void if the
Contractor.
:.1. Promptly makes payment. directly or indirectly. for all sums due
Claimants. and
Z.Z. Defends. indemnifies and holds harmless the Owner from all claims.
demands. liens or suits by any person or entity who furnished
labor. materials or equipment for use in the performance of the
Construction Contract. provided the Owner has promptly notified
the Contractor and the Surety lat the address described in Para-
graph 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 makes 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 contram 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 equip-
ment 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 labor
was done or performed: and
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 las the address described in Para-
graph t2) and sent a copy. or notice thereof. to the Owner.
stating that a claun is being made under this Bond and enclosing
a copy of the previous written notice furttished to the Con-
tractor.
5. If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety. that is sufficient compliance.
6. When the Claimant has satisfied the eonditioms of Paragraph 4. the
Surety shall promptly and at the Surety's expense take the following
actions:
6.1. Send an answer to the Claimant. with a copy to the Owner. within
45 days after receipt of the Clain. stating the amounts :mat are
undisputed and the basis for Chadge any amounts :,at are
disputed.
6.2. Pay or arrange for payment of any undiMned amounts.
7. 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.
8. Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Cont -acs
and to sausfy claims. if any. under any Construction Performance Bond.
By the Contractor furnishing and the Owner accepting this Bond. they
agree that all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to sausfy obligations of the Con-
tractor and the Surety tinder this Bond. subject to the Owners priority
to use the finds for the completion of 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 Con-
tract. The Owner shall not be liable for payment of any costs 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 Claimants under this Bond.
10. The Surety hereby waives notice of any change. including changes of
time. to the Construction Contract or to related subcontracts. purchase
orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the
work or part of the work is located or after the expiration of one year
from the dace 11) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2 Itii). or (2) on which the last laoor or
service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract. whichever of i I i
or (2) first occurs. If the provisions of this Paragraph are void or prohibited
by law. the mtmmum period of limitation available to sureties as a defense
in the jurisdiction of the scat 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 accomplished.
shall be sufficient compliance as of the date 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 conflicung with said statutory or
legal requirement shall be deemed deleted herefrom and provisions con-
forming 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 promptiv furnish a copy of
this Bond or shall permit a copy to be made.
15. DEFINITIONS
I5.1. 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
linutatcon in the terms "labor. materials or equipment" that part
of water. gas. power. light, heat. oil. gasoline. telephone service
or rental equipment used in the Construction Contract. architec-
tural and engineering services required for performance of the
work of the Contractor and the Contractor's subcontractors. and
all other items for which a mechanic's lien may be asserted in
the jurisdiction where the labor. materials or equipment were
furnished.
13.2. Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page. including all
Contract Documents and changes thereto.
15.3. Owner Default•. Failure of the Owner. which has neither been
remedied nor waived. to pay the Contractor as required b%7 the
Construction Contract or to perform and complete or :ompiv
with the other terms thereof.
(FOR INFORMATION ONLY—Name. Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or other party):
Lockton Companies of Colorado, Inc.
4500 Cherry_Creek Dr. So., ;'400
(303) 753-2000
LMB -2
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CNA Surety Companies"), are duty organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
William M. O'Connell, Jr., Sarah Finn, Teresa Palomino, Sue Wood, Debbie Poppe Shelley Czajkowski Individually
of Denver, Colorado
their true and lawful Attomey(s) in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 24th day of September , 1997
CONTINENTAL CASUALTY COMPANY
-��0° NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
,� AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
O a JULY 71,
v SEAL Iw
lag? •
M.C. Vonnahme Group Vice President
State of Illinois, County of Cook, ss:
On this 24th day of September , 1997 , before me personally came
M. C. Vonnahme , to me known, who, being by me duly swom, did depose and say: that he resides in the Village of Darien , State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporations.
I. Pi
ee �
PUBLC
Co.
My Commission Expires June 5, 2000 Eileen T. Pachuta Notary Public
CERTIFICATE
I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is
still in force, and further certify that the By -Law and Resolution of the Board of D'aectors of each corporation printed on the reverse hereof are still
in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this day of ,
CONTINENTAL CASUALTY COMPANY
od==r,
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
js
SEAL
1897
Robert E. Ayo Assistant Secretary
(Rev.7/14/95)
Authorizing By -Laws and Resit outions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors
of the Company.
'Article IX --Execution of Documents
Section 3. Appointment of Attomey4n-fact The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attomeys4n-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject
to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President
or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously
given to any attorney-in-fact
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed
and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors
of the Company.
"Article W --Execution of Obligations and Appointment of Attorney -in -Fact
Section 2 Appointment of Attomey4n-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto_ The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authonty previously given to any attomey-in-fact"
This Power of Atbmey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and meld on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the
Secretary or an Assent Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any
power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and
sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993
by the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time
to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bands,
undertakings and other obligatory instruments of like nature. Such Attomey4n-Fact, subject to the limitations set forth in their respective
certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey4n-Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and heli on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on
February 17, 1999 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to
any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or
undertaking to which it is attached, continue to be valid and binding on the Corporation."