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HomeMy WebLinkAboutC99-094 Gonzales Construction CompanyC' q(q -'� 4 - S-to AGREEMENT THIS AGREEMENT is dated as of the= day of / , in the year 1999 b and Y Y between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Gonzales Construction Company, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 - WORK 'ftw✓ CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Installation of approximately 3,900 linear feet of guardrail with end anchorages at various locations ARTICLE 2 - ENGINEER The Project has been designed by the Eagle County Engineer (an employee of Eagle County), who is hereinafter called ENGINEER, and will assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. \"or, Agreement Page 1 14w/ r5 ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before September 15, 1999, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before'September 16, 1999. 3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Forty dollars ($540.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the work is substantially complete. ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: Item 1. 2. Description Qt Unit Unit Price Amount Guardrail, Type 3 Frying Pan Road End Anchorage Type 3 E 3. Construction Zone Traffic Control *(All Locations) 4. Credit to County for Re -used posts (TBD=To be determined during construction) TOTAL Agreement 3,900 L.F. 20 Each 1 Lump Sum TBD Each $ 9.65 $37,635.00 $ 585.00 $11,700.00 $6,100.00 $ 6,100.00 $ 12.00 $ -0- $55,435.00 Page 2 ARTICLE 5 - PAYMENT PROCEDURES `fto' CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR' Applications for Payments as recommended by ENGINEER, as provided. below. All progress payments will be on the basis of the progress of the work measured .by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to ,..r increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: Agreement Page 3 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions, and federal, state, and `"►' local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. '"Wp� 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (Pages 1 to 6, inclusive). 7.2 Invitation to Bid consisting of 1 page. 7.3 , Instructions to Bidders (Pages 1 to 7, inclusive). 7.4 Performance and other Bonds, identified as exhibits , and consisting of pages. 7.5 Notice of Award, Notice to Proceed. Agreement Page 4 7.6 General Conditions (Pages 1 to 50, inclusive). Iftwo' 7.7 Specifications bearing. the title and consisting of 4 divisions and 8 pages, as listed in the table of contents thereof. 7.8 Drawings, consisting of 10 sheets. 7.9 Addenda numbers to , inclusive. 7.10 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages _ to , inclusive). 7.11 Any modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on. another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 ATTORNEYS 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 Agreement Page 5 reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR, or by ENGINEER on their behalf. This Agreement will be effective on / 1999. OWNER: Eagle County Board of CONTRACTOR: County Commissioners BY: ohnnette Phillips, Cha V ATTEST _dfl_a� Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 8163' JT_(� (CORPORATE SEAL) Address fo giving notices: Agreement Page 6 Bonds Executed in (4) Counterparts N%./ AIA Document A312 %we Performance Bond U2703805 ../ Conforms with the American Institute of Architects, AIA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): GONZALES CONSTRUCTION COMPANY, INC. 29996 Highway 184, Dolores, Colorado 81323 SURETY (Name and Principal Place of Business): United Pacific Insurance Company Three Parkway, 10th Floor, Philadelphia, PA 19102 OWNER (Name and Address): Board of County Commissioners Eagle County Colorado P.O. Box 850 g��g� C&SeT)tUCTION CONTRACT-0850 Date: April 19, 1999 Amount: Fifty -Five Thousand Four Hundred Thirty -Five and No/100-------- —---------- ($55,435.00) Description (Name and Location): Eagle County 1999 Guardrail Project BOND Date (Not earlier than Construction Contract Date): April 29, 1999 Amount: Fifty -Five Thousand Four Hundred Thirty -Five and No/100-------------------- ($55,435.00) Modifications to this Bond: ( TRACTOR AS PRINCIPAL C'M*any: GONZALES CONSTRUCTION (Corporate Seal) COMPANY, INC. Signature: Name and Title: Franki hales, President (Any additional signorreelippear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Lockton Companies of Colorado, Inc., 4500 Cherry Creek Drive South, Suite 400 Denver, Colorado 80246-1532 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and he Surety agree, the Contractor shall be allowed a reasonable time to ® None ❑ See Page 2 SURETY Company: United Pacific Insurance (Corporate Seal) Company Signaturw—,-/, Name and Title: Kimb rly ffJohnson, ttorney-in-Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other part'): perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in 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 Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: SURETY 5026 (6-92) S-1852/GEEF2/98 Page 1 of 2 4.1 Arrange for the Contractor, with consent Pr *he Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete thewt-,'onstruction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors 1cceptable to the Owner for a contract for performance and impletion of the Construction Contract, arrange for a contract to be lqw�repared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the -Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be g- r than those of the Owner under the Construction Contract. To the li..,,hf the amount of this Bond, but subject to commitment by the Owner of -the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 7 The Surety shall not " liable to the Owner or others for obligations of the Contractor that are !lated to the Construction Contract, and the Balance of the ContracN�e shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: mature: Name and Title: Address: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: (Corporate Seal) S-1852/GEEF 2198 Page 2 of 2 Bonds Executed in (4) Counterparts `,r AIA Document A312 \r U2703805 Payment Bond Conforms with the American Institute of Architects, AIA Document A312. Any singular reference to Contractor Surery, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): GONZALES CONSTRUCTION COMPANY, INC. 29996 Highway 184, Dolores, Colorado 81323 OWNER (Name and Address): Board of County Commissioners Eagle County Colorado P.O. Box 850 Eagle, Colorado 81631-0850 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): United Pacific Insurance Company Three Parkway, 10th Floor, Philadelphia, PA 19102 Date: April 19, 1999 Amount: Fifty -Five Thousand Four Hundred Thirty -Five and No/1 00 -------------------- ($55,435.00) Description (Name and Location): Eagle County 1999 Guardrail Project BOND Date( Not earlier than Construction Contract Date): April 29, 1999 Amount: Fifty -Five Thousand Four Hundred Thirty -Five and No/100------------ —------ ($55,435.00) Modifications to this Bond: a� TRACTOR AS PRINCIPAL L� any: GONZALES CONSTRUCTION (Corporate Seal) COMPANY; INC. i1r Signature: �fLG Name and Title: Fran zales, President (Any additional sigaatur pear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Locaton Companies of Colorado, Inc., 4500 Cherry Creek Drive South, Suite 400 Denver, Colorado 80246-1532 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment famished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, *m/ liens or suits to the Contractor and the Surety, and provided there is no Owner Default. ® None :Ytlt]3W4 ❑ See Page 2 Company: United Pacific Insurance (Corporate Seal) Company Signet e Name and Tit e: Kimbe ly . ohnson, or ey-in-Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 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 contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last fumished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fumished or supplied or for whom the labor was done or performed; and SURETY 5026 (6-92) 5-1653/GEEF 2/98 Page 1 of 2 .2 Have either received a rejection in wh or in part from the Contractor, or not received within 3G,,,,,Is 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 \*m,r written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions 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 claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed 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 Contract and to satisfy 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 satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds 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 C- :t. The Owner shall not be liable for payment of any costs or exlprdes 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: the work or part of the -k is located or after the expiration of one year from the date (1) on �/ the Claimant gave the notice required by Subparagraph 4. 1 or Clain 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however 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 conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural 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. 15.2 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 by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Siftwme: Signature: Name and Title: Name and Title: Address: Address: (Corporate Seal) S-18531GEEF 2/98 Page 2 of 2 RELIANCE SURETY COMPANY sLIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the Slate of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Debbie Poppe, William M. O'Connell, Jr., Sarah Finn, Sue Wood, Brad C. Gibson, Kimberly D. Johnson, Shelley Czajkowski, of Denver, Colorado their true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in-Fad may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Direamm, the President, the Chairman of the Board, any Senior Vice Presdem, any Vice President or Assistant Vice President or rather officer designeand by the Board of Directors shall have power and authority to (a) appoint Atrorney(s)-in-Fan and to authorize them to execs¢ on behalf of the Company, bolls and undmmkings, recogniances, contracts of indemnity and other writings obligatory in the netare thereof, and (b) I. remove any such Aumneyu)-in-Fact at my time and revoke he power and authority given to them. 2. Anorce h)-in-Fact shall have power and authority, subject to the terms and limitations of the Ponver of Anorncy issued to them, to execute all deliver on behalf of the Company, bonds and undertakings, recrogniarces, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is tort necessary for the validity of any bonds and underukings remgniesnces, contracts of indemnity and other writinp,s obligatory, in the nature thereof. d. Atu rnens)-in-Fact aball have we, all authority to exaeum affidavits required to be attached to bonds, recvgnianam, contracts of indemnity or other conditions] or obligatory undertakings and they shall also have power and authority to certify the financial smmmcnt of dse Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is sigrudi and sealed by facsimile under and by authority of the following resolution adopted by the Executive all Finance Committees of the Boards of Directors of Reliance Iran.= Company, United Pacific Imutancc Company all Reliance National Indemnity Company by Unanimous Comem dated as, of February 29. 19%1 and by the Executive and Financial Committee of die Board of Direcmrs of Rcharnee Surety Company by Unanimous Consent dated as of Mardi 2I, 1990. -Resolved that the signatures of such director and M. and the seal of the Company may nd strand many such Power of Attorney or any «nifinam relating thereto by facsimile, all any such Power of Attorney or certif te bearing such facsimile signesures or facsimile sal shill be valid all billing upon the Company aid any such Power so executed aril ceniftd by facsimile sigmmres all facsimile sal shall be valid and binding upon do, Co.,,. in she future with respect to any bond or undertaking I. which it is attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this June 9, 1998. RELIANCE SURETY COMPANY 0*00 ,„au.�, `o�µ,,goEbRELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY u wPtt�"' _�SEAL'"2nRELIANCE NATIONAL NDEMNITY COMPANY SEAL _iy 41959� s°q, ra y0�jy�`9CON5�D My b . n STATE OF Washington } �!2/4� 410. Ate — e COUNTY OF King ) SS. On this, June 9, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. Notary Public in and for the State of Washington Residing at Puyallup I, Robyn Laying, Assistant Secretary of RELIANCE SURANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power 2f Attorney executed by said Companies, which is still in full force and effect. N WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29 day of April year of 1999 eURfry <MayRa_ 4pp Oggp 4trPPOa�)*(a ° CSEA' - _—SEATp99840£°°atnwnwe 1''^ranvrss� 6�� Assistant Secretary acoRo . � DATE BNCO01 04/28/9 9 PRODUCER THIS CERTIFICATE IS ED AS A MATTER OF INFORMATION ' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Companies of Colorado 4500 Cherry Creek Dr. S . , #400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. D--ver CO 80246-1532 COMPANIES AFFORDING COVERAGE �j Phone No. 303-753-2000 Fax No. 303-753-2099 COMPANY A C 4A Insurance Companies INSURED COMPANY B COMPANY Gonzales Construction Co., Inc C 29996 Hwy 184 M1 Dolores CO 81323 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2 , 000, 000 A X COMMERCIAL GENERAL LIABILITY CBP1076733347 03/01/99 03/01/00 PRODUCTS -COMPIOPAGG 52,000,000 CLAIMS MADE FRI OCCUR PERSONAL BADVINJURY $1,000,000 EACH OCCURRENCE S 1 , 000 , 000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 3 0 0, 0 0 0 MED EXP (Any one person) $ 10 0 0 0 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) _ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE _ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I WC STATU• I OTH. TORY LIMITS ER EL EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ OFFICERS ARE: EXCL OTHER A Hired, Leased or CBP1076733347 03/01/99 03/01/00 Item $300,000 Borrowed Equipment Deduct $500 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES!SPECIAL ITEMS Eagle County 1999 Guardrail Project. Board of Count Commisioners, Eagle County, CO is named as Additional Insured as respecys Liability coverage for work performed by the Insured. CERTIFICATE HOLDER CANCELLATION BOAC007 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL AIL Board of County Commissioners 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1*4001' Eagle County, Colorado P.O. Box 850 Eagle CO 81631 AUTHORIkED REPRESENTATIVE ACORD 25-S (1/95 1 GC`i� ' V ` `>e�V3�D C PORATION 1988 *M/ '.w Engineering Department (970) 328-8760 FAX (970) 328-7185 TDD (970) 328-8797 April 19, 1999 EAGLE COUNTY. COLORADO NOTICE OF AWARD Gonzales Construction Company, Inc. 29996 Hwy 184 Dolores, CO 81323 Re: Eagle County 1999 Guardrail Project NWW Eagle County Building P.O. Box 850 500 Broadway Eagle, Colorado 81631-0850 Please be notified that on April 19, 1999 the Eagle County Board of County Commissioners awarded the above referenced project to Gonzales Construction Company, Inc. in the amount of $55,435.00. Enclosed please find four counterparts of the contract documents including the agreement. In accordance with Section 18 of the Instructions to Bidders, you are to execute all four counterparts of the Agreement, attach the Payment Bond, Performance Bond, and Proof of Insurance required by the documents, and return all four counterparts to Eagle County within fifteen (15) days. EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS Phillips, Chairman cc: James R. Fritze, County Attorney George Roussos, County Engineer Brad Higgins, Road & Bridge Director \40000 `/ ... Engineering Department (970)328-8760 FAX (970) 328-7185 TDD (970) 328.8797 EAGLE COUNTY, COLORADO INVITATION TO BID 1999 GUARDRAIL PROJECT Eagle County Building P.O. Box 850 500 Broadway Eagle, Colorado 81631-0850 Eagle County will receive sealed bids for the 1999 Guardrail Project until 11:30am, April 6, 1999 in the office of the Eagle County Engineering Department, 500 Broadway, Eagle, Colorado 81631 at which time bids will be opened and read aloud. Bidding documents may be obtained at the Eagle County Engineering Department. Each bid shall be accompanied by Bid Security in accordance with the Instructions to Bidders. GUARDRAIL CAD 16.35 MILE MARKER ON THE FRYING PAN RIVER ROAD # 104 EAGLE COUNTY, COLORADO NOTES: 1) 150 L.F. TOTAL SEE C.D.O. I - M & S STANDARDS (M-606-1) FOR DETAILS. 2) INSTALL THE GUARDRAIL WITH THE TOP OF RAIL 30" ABOVE FINISH GRADE OF EXISTING ASPHALT. 3) RE -USE EXISTING 3E END SECTIONS AT ANOTHER LC 4) USE CORE 10 RAIL. � CL� (PULL-OUT) m FR-y-MG EXISTING GUARDRAIL (1:1 SLOPE, 75' DROP) ar 1w er. WBH D IE. J110199 04rcm er. PTs DRAWNG Na: GUARDRL 96 38 sy fr 1 or 9 { EXISTING GUARDRAIL (1:1 SLOPE. 20' DROP) INSTALL 150 L.F. NEW GUARDRAIL REMOVE EXISTING END SECTIONS do JOIN EXISTING GUARDRAIL (1:1 SLOPE. 100' DROP) GUARDRAIL 0 16.6 MILE MARKER ON FRYING PAN RIVER ROAD # 104 EAGLE COUNTY COLORADO 1) 550 L.F. TOTAL WITH TWO - 3E END SECTIONS SEE C.D.O.T. M & S STANDARDS (M-606-1) FOR DETAILS. 2) INSTALL THE GUARDRAIL WITH THE TOP OF RAIL 30" ABOVE FINISH GRADE OF EXISTING ASPHALT. 3) USE CORE 10 RAIL. f IIVJIALL JJV L.r. IYGn vVrUwllnil me" ITw - ..PL. L-119 LF .,rwIwow ORAMN ". WSH DAM JIIO11999 aaEc o er. PTS aRAIM.- Na. GUARDRL 96 _ F.38 wrrr ?_ nr .9 L lTy PWAM RY: Rums CDUNTY RN(;DOT MC; DEPARTMENT TARDRAIL LOCATION MAP D 1999 0 6 5 5 EGEND P_ 21 2z 23 SUTS,, CoMff.. OR f0WJF XAi7i AUM ROADS O vm SPRIS 70 HTERSTATE HOHEAY RESET 2 UNnw STATES HiHMAYS Q ® STATE HNMAYS w z 22 26 NTERSTATE 70 LL_ i• - STATE HMMAY ROAD MMUC DR PRMATE) Q a MUNTANS A: PEAKS f ^ V 33 N 35 AO 2 2Y�, SYLVAPI LAPE STATE / 2 1 6 Ylv ' RECRD TIO EA ` ROAD LAKE 9 to RD 1 LEDE G �T 6 RES., 10 11 12 , CREEK 6 N SPI C� 16 15 p 18 15 to 13 PN T ry ��/t 1 23 9 O 2, 22 20 21 22 25 24 19 20 26 27 MTN. 28 ' 29 26 22 26 25 J E 30 Ilk 29 L 33 3 35 32 33 34 35 . 3 2 C 31 A 32 U) IS 5 . 3 2 6 9 10 10 n 12 2 Z j e m R 87 N R 84 W R 83 IN .65, 17.86, 19.41 & 20.07 3TIONS, 3,900 L.F. TOTAL) GUARDRAIL 0 16.8 MILE MARKER ON THE FRYING PAN RIVER ROAD # 104 EAGLE COUNTY, COLORADO REPLACE 250 L.F. OF EXISTING GUARDRAIL WITH TWO — 3E END SECTIONS BEGINNING AT THIS END REMOVE 275 L.F. OF EXISTING GUARDRAIL 4 O O INSTALL 125 L.F. OF NEW GUARDRAIL WITH ONE — 3E END SECTION REPLACE 225 L.F. OF EXISTING GUARDRAIL WITH ONE — 3E END SECTION NOTES: 1) 600 L.F. TOTAL WITH FOUR — 3E END SECTIONS SEE C.D.O.T. M & S STANDARDS (M-606-1) FOR DETAILS. 2) ALL OLD GUARD RAIL TO BE REMOVED AND TRANSPORTED TO AN AREA DESIGNATED BY EAGLE COUNTY ENGINEER. 3) INSTALL THE GUARDRAIL WITH THE TOP OF RAIL 30" ABOVE FINISH GRADE OF EXISTING ASPHALT. 4) USE CORE 10 RAIL. DRAW Or. WBH OAM 311011999 P rs GUARDRL196 cHrcxw er aaAWNG Na: &%Q AOA, E38 sv rr 3 or 9 1 "= 60' GUARDRAIL 0 17.25 MILE MARKER ON FRYING PAN RIVER ROAD # 104 EAGLE COUNTY, COLORADO f 1 i i / P o INSTALL 300 L.F. NEW GUARDRAIL WITH TWO — 3E END SECTIONS (1.5 : 1 SLOPE, 60' DROP) NOTES: 1) 300 L.F. TOTAL WITH TWO - 3E END SECTIONS SEE C.D.O.T. M & S STANDARDS (M-606-1) FOR DETAILS. 2) INSTALL THE GUARDRAIL WITH THE TOP OF RAIL 30" ABOVE FINISH GRADE OF EXISTING ASPHALT. I3) USE CORE 10 RAIL ORAUN B» WBH DAM J11011999 CHECM er PTS DRANWO Na: GUARDRL 96 _ .. _ E38 &vrrr 4 or 9 GUARDRAIL 0 17.45 MILE MARKER ON THE FRYING PAN RIVER ROAD # 104 EAGLE COUNTY, COLORADO INSTALL 25 L.F. NEW GUARDRAIL WITH ONE — 3E END SECTION f' a o REPLACE 90 L.F. EXISTING GUARDRAIL---"_ INSTALL 10 L.F. NEW GUARDRAIL WITH ONE — 3E END SECTION �Ql *,-�—EXISTING,'GUARDRAIL TO REMAIN + �A NOTES: 1) 125 L.F. TOTAL WITH TWO - 3E END SECTIONS SEE C.D.O.T. M & S STANDARDS (M-606-1) FOR DETAILS. #` 2) ALL OLD GUARD RAIL TO BE REMOVED AND TRANSPORTED TO AN AREA DESIGNATED BY EAGLE COUNTY ENGINEER. 3) INSTALL THE GUARDRAIL WITH THE TOP OF RAIL 30" ABOVE FINISH GRADE OF EXISTING ASPHALT. 4) USE CORE 10 RAIL. WBH 311011999 ORAON er CA7E- CHECAIn er. prs a4AWNc Ha: GUARORL 96 Alw on E38 s wrr 5 a- 9 1"=60' 3 rA GUARDRAIL ® 17.653 MILE MARKER ON THE FRYING PAN RIVER ROAD # 104 ��LOR EAGLE COUNTY, COLORADO \ A„ INSTALL 650 L.F. NEW GUARDRAIL \ \ WITH TWO - 3E END SEC11ONS 1 =60 NOTES: \ 1) .650 L.F. TOTAL WITH TWO - 3E END SECTIONS \ \ SEE C.D.O.T. M & S STANDARDS (M-606-1) \ FOR DETAILS. \ 2) INSTALL THE GUARDRAIL WITH THE TOP OF RAIL \ 30" ABOVE FINISH GRADE OF EXISTING ASPHALT. \ 3) USE CORE 10 RAIL. \ Fhr DRAW Br. WBH \ \ \ \ DAYr' .3/10/1999 PTS GUARDRL/96 df£CKO or MAWNG NQ: E38 smErr 6 or 9 GUARDRAIL 0 17.861 MILE MARKER ON THE FRYING PAN RIVER ROAD # 104 EAGLE COUNTY, COLORADO EMBANKMENT �R 1"=60' NOTES: 1) 150 L.F. TOTAL WITH TWO - SEE C.D.O.T. M & S STANDA FOR DETAILS. 2) INSTALL THE GUARDRAIL WI1 30" ABOVE FINISH GRADE 0 3) USE CORE 10 RAIL. skin, DRAW Or. RDH DAB 311011999 cmrc*w or PTS aRAwmc Na. GUARDRL 96 — .1 , E38 mirr 7 a- 9 L.F. NEW GUARDRAIL 3E END SECTIONS 'GUARDRAIL 0 19.4 MILE MARKER ON THE FRYING PAN RIVER ROAD # 104 EAGLE COUNTY, COLORADO 1 "=60' I a z a 0 REPLACE 400 L.F. OF GUARDRAIL WITH TWO — 3E END SECTIONS BEGINNING AT THIS END '/r REMOVE 400 L.F. OF GUARDRAIL ,z AbSO / G i REPLACE 400 L.F. OF GUARDRAIL WITH ONE — 3E END SECTION INSTALL 75 L.F. OF NEW GUARDRAIL WITH ONE — 3E END SECTION NOTES: 1) 875 L.F. TOTAL WITH FOUR - 3E END SECTIONS SEE C.D.O.T. M & S STANDARDS (M-606-1) FOR DETAILS. 2) ALL OLD GUARD RAIL TO BE REMOVED AND TRANSPORTED TO AN AREA DESIGNATED BY EAGLE COUNTY ENGINEER. 3) INSTALL THE GUARDRAIL WITH THE TOP OF RAIL 30" ABOVE FINISH GRADE OF EXISTING ASPHALT. 4) USE CORE 10 RAIL. DRANN Br. WBH DAM 311011990 arMCAID BY` PTs DRAWW „fa; GUARDRL 96 „, ,,,, , E38 -wtrr 8 a,- 9 GUARDRAIL 0 20.072 MILE MARKER ON THE FRYING PAN RIVER ROAD 104 EAGLE COUNTY, COLOR AD 0 EOANKMENT�, `• 1 "=60' INSTALL 500 L.F. NEW GUARDRAIL WITH TWO — 3E END SECTIONS O NOTES: 1) 500 L.F. TOTAL WITH TWO — 3E END SECTIONS \ i SEE C.D.O.T. M & S STANDARDS (M-606-1) FOR DETAILS. ` \ 2) INSTALL THE GUARDRAIL WITH THE TOP OF RAIL 30" ABOVE FINISH GRADE OF EXISTING ASPHALT. PULL—OUT 3) USE CORE 10 RAIL. \ EAGLE COUNTY 4) USE 7' POSTS WHEN NECESSARY. / CRAM Or weH DAM 3/10/1999 PITKIN COUNTY LINE CHEcav er: PTS ARAWNG NQ: GUARDRL196 E- 38 9 c� 9 M, Dgjfijj�ON� Orl 4. contract Boo 3. !9�es �to.- L Accounting 2. 3. 4.,