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``' � � c 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."