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HomeMy WebLinkAboutC99-082 Elam Constructioneq-1-gam-,S-D 10 Engineering Department (970) 328-8760 FAX (970) 328-7185 `/ TDD (970) 328-8797 March 29, 1999 EAGLE COUNTY, COLORADO NOTICE OF AWARD Elam Construction, Inc. 1225 S. 7th Street Grand Junction, CO 81501-7791 Re: 1999 Overlay Project `. Eagle County Building P.O. Box 850 500 Broadway Eagle, Colorado 81631.0850 `► Please be notified that on March 29, 1999 the Eagle County Board of County Commissioners awarded the above referenced project to Elam Construction, Inc. in the amount of $439,635.00. 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 v Brad Higgins, Road & Bridge Director Engineering Department (970) 328-8760 FAX (970) 328-7185 TDD (970) 328-8797 EAGLE COUNTY. COLORADO INVITATION TO BID 1999 OVERLAY PROJECT and WEST EDWARDS PAVED TRAIL CONSTRUCTION Eagle County Building P.O. Box 850 500 Broadway Eagle, Colorado 81631-0850 Eagle County will receive sealed bids for two projects, the 1999 Overlay Project and the Construction of the West Edwards Trail until 2:00p.m., March 10, 1999 in the office of the Eagle County Road & Bridge Department, 712 Castle Drive, Eagle, Colorado 81631 at which time bids will be opened and read aloud. Bidding documents for each project may be obtained at the Eagle County Engineering Department. Each bid shall be accompanied by Bid Security in accordance with the Instructions to Bidders. on AGREEMENT THIS AGREEMENT is dated as of the ZZ day ofA n,t L in the year 1999 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Elam Construction, Inc. (hereinafter called CONTRACTOR)' OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 -WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Milling, overlay, and manhole/water valve adjustments on roads within the Old Edwards Estates, Homestead Subdivision, and the Lake Creek area. 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. 114 . Agreement Page 1 ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before AUGUST 1, 1999, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before AUGUST 1,1999. 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 Nine Hundrend Fifty dollars ($960.00) 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 Description Cat Unit Unit Price Amount OLD EDWARDS ESTATES: 1. Hot Bituminous Pavement (Grading CX) County Road 2,003'x 20'x 2" 2. Hot Bituminous Pavement .(Grading CX) Old County Lane 1,031'x 22'x 2" 490f Tons $ 28.00 $ 13,720.00 277f Tons $ 28.00 $ 7,756.00 lwaw� Agreement Page 2 �1� `VWO/ Item Description Q!Y Unit OLD EDWARDS ESTATES (Continued): 3. Hot Bituminous Pavement 210f Tons (Grading CX) Wellington Lane 7171x24'x2" HOMESTEAD SUBDIVISION: 4. Hot Bituminous Pavement 1,887t Tons (Grading CX) Edwards Village Blvd. 6,431' x 24' x 2" 5. Hot Bituminous Pavement 513t Tons (Grading CX) Miele Lane 1,750'x 24'x 2" 6. Hot Bituminous Pavement 11604t Tons (Grading CX) Homestead Drive 5,468' x 24' x 2" 7. Hot Bituminous Pavement 193t Tons (Grading CX) Castle Peak Drive 659'x24'x2" 8. Hot Bituminous Pavement 90t Tons (Grading CX) Lathrop Lane 334'x22'x2" 9. Hot Bituminous Pavement 237f Tons (Grading CX) Allen Circle 808'x24'x2" Unit Price Amount $ 28.00 $ 5,880.00 $ 29.00 $ 54,723.00 $ 29.00 $ 14,877.00 $ 29.00 $ 46,516.00 $ 29.00 $ 5,597.00 $ 29.00 $ 2,610.00 $ 29.00 $ 6,873.00 Agreement Page 3 ,,-MOW Item Description Cat Unit �,, HOMESTEAD SUBDIVISION (Continued) 10. Hot Bituminous Pavement 102t Tons (Grading CX) Fremont Road 379'x22'x2" 11. Hot Bituminous Pavement 319t Tons (Grading CX) Creamery Trail 1, 184' x 22' x 2" 12. Hot Bituminous Pavement 169t Tons (Grading CX) . Spring Creek Court 628'x22'x2" 13. Hot Bituminous Pavement 165t Tons (Grading CX) Cameron Place 563'x24x2" LAKE CREEK AREA: 14. Hot Bituminous Pavement 2,564f Tons (Grading CX) Lake Creek Road 9, 537' x 22' x 2" 15. Hot Bituminous Pavement 2,205f Tons (Grading CX) W. Lake Creek Road 8,200' x 22' x 2" 16. Hot Bituminous Pavement 11115t Tons (Grading CX) Eagle Crest Road 4,148'x 22'x 2" Unit Price Amount $ 29.00 $ 29958.00 $ 29.00 $ 9,251.00 $ 29.00 $ 4,901.00 $ 29.00 $ 4,785.00 $ 29.00 $ 74,356.00 $ 29.00 $ 63,945.00 $ 29.00 $ 32, 335.00 S%01� Agreement Page 4 �w Item Description Cat Unit Unit Price Amount LAKE CREEK AREA (Continued) 17. Hot Bituminous Pavement 97t Tons $ 29.00 $ 2,813.00 (Grading CX) Idlewild Place 330'x24'x2" 18. Hot Bituminous Pavement' 109t Tons $ 29.00 $ 3,161.00 (Grading CX) Elk Place 405'x22'x2" 19. Hot Bituminous Pavement 149t Tons $ 29.00 $ 4,321.00 (Grading CX) Polar Star 507'x24'x2" 20. Emulsified Ashpalt 11,334 Gal. $ 1.00 $ 11,334.00 Diluted Material (CSS-1 h or SS-1 h) 21. Milling 17,208 S.Y. $ 1.40 $ 24,091.20 Edwards Village Blvd 6,453'x 24'x 2" 22. Milling 41792 S.Y. $ 1.40 $ 6,708.80 Miele Lane 1,797'x 24'x 2" 23. Milling 1,445 S.Y. $ 1.40 $ 2,023.00 Homestead Drive 500'x26'x2" 24. Manhole/Water Valve 79 Each $ 100.00 $ 7,900.00 Adjustments 25. Speed Bumps 6 Each $ 700.00 $ 4,200.00 ,,� Agreement Page 5 1v� 14� Item Description Cat Unit Unit Price Amount 26. Materials Sampling, Testing 1 Lump $ 7,000.00 $ 79000.00 and Inspection Sum 27. Construction Zone 1 Lump $15,000.00 $ 15,000.00 Traffic Control Sum TOTAL $439,635.00 ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payments as recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph Agreement Page 6 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which were relied upon by ENGINEER in the �✓ preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the* performance of the work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Agreement Page 7 1*0 / lla. 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 10, 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. 7.6 General Conditions (Pages 1 to 50, inclusive). 7.7 Specifications bearing the title and consisting of 7 divisions and 7 pages, as listed in the table of contents thereof. 7.8 Drawings, consisting of 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. ,%noo' Agreement Page 8 8.2 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the. parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State S"001 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 County Commissioners • ..Elam, Fresiden SEAL) Agreement Page 9 ATTEST N t'r �f' )'� ATTEST otopxO Arnold H. Ridder Jr., Sec etary Address forgiving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Address for giving notices: 1225 South 7th Street Grand Junction, CO 81501-7791 Agreement Page 10 ISSUED IN FOUR PARTS THE AMERICAN INSTITUTE OF ARCHITECTS Olson ve Olson, Ltd. Distinctive mpInstsrrtncee., Ste 333 W. Hampden Ave., Ste 440 P.O. Box 1467 Englewood, CO 80150 303/761-0085 a Fax 303/788-1817 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Elam Construction, Inc. 1225 S. 7th Street (Here insert full name and address or legal title of Contractor) Grand Junction, CO 81501 as Principal, hereinafter called Contractor, and, American Casualty Company of Reading, Pennsylvania *./ 10333 E. Dry Creek Road, Suite 220 Were insert full name and address or legal title of Surety) Englewood, CO 80112 as Surety, hereinafter called Surety, are held and firmly bound unto Board of County Commissioners Eagle County (Here insert full name and address or legal title of Owner) 500 Broadway Eagle, CO as Obligee, hereinafter called Owner, in the amount of Four Hundred Thirty -Nine Thousand Dollars (S439,635.00------ ), Six Hundred Thirty -Five Dollars & 00/100 ------------- for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 entered into a contract with Owner for (Here insert lull name, address and description of project) Eagle County - 1999 Overlay Project in accordance with Drawings and Specifications prepared by (Here insert lull name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17I5 N.Y. AVE.. N.W., WASHINGTON, D. C. 211006 1 WARNING: Unlicensed photocopying violates U.S. wpyrlght Lows and Is alibiect to legal ptosecutlon. �' PERFORMANCE BOND lqmw in rJ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Signed and sealed this 7th day of April 1999 Elam Construction Inc.11AAA Jyj r - = (Witness) Arnold H. Ridder Jr., Sec tart' BY: arold F. Elam (Title) President - American Casualty Company of Reading Pennsylvania tSurc•tt) r - (Wilne.%A t Titlr) Florietta K. Sanchez, Attorney —I Fact AIA DOCUMENT A311 • PERrURMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 2 rEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS.1735 N.Y. AVE., N.W., WASHINGTON. D. C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ISSUED IN FOUR PARTS THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 190542631 A!A Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Elam Construction, Inc. 1225 S. 7th Street (Here insert lull name and address or legal title of Contractor) Grand Junction, CO 81501 as Principal, hereinafter called Principal, and, American Casualty Company of Reading, Pennsylvania 10333 E. Dry Creek Road, Suite 220 (Here insert full name and address or legal title of Surety) Englewood, CO 80112 as Surety, hereinafter tailed Surety, are held and firmly bound unto Board of County Commissioners Eagle County (Here insert full name and address or legal title of Owner) 500 Broadway Eagle, CO as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the Four Hundred Thirty —Nine Thousand amount of Six Hundred Thirty —Five Dollars & 00/100------------- (Here insert a sum equal to at least one-half of the contract pace) Dollars (S 439, 635• 00------ for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name, address and description of project) Eagle County — 1999 Overlay Project in accordance with Drawings and Specifications prepared by (Here insert full name and address or Legal title of Architect) \%no, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - A!A O FEBRUARY 1970 ED. - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON. D. C. 20006 3 WARNING: Unlicensed photocopying violates U.S. trademark laws and Is subject to legal prosecution. LABOR'AND MATERIAL PAYMEN-OtOND NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant. prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 7th day of April 19 -99 E1 am a nAtr nti Tne - - (Prind Z -- !Witness) Arnold H. Ridder,Jr., Secr ary g ; Harold F. Elam (Tale) President American Casualty Company of Reading, Pennsylvania (seal) (Sumly) A ti Florietta K. Sanchez, Attorney -In- t AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA ay FEBRUARY 1970 ED. - THE AMERICAN INSTITUTE OF ARCHITECTS, 171S N.Y. AVE., N.W., WASHINGTON, D. C. 2t1(I00 WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution. 4 POWER OF ATTOf'i"�Y APPOINTING INDIVIDUAL AhlIRNEY-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 CCC Surety Companies"), are duly 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 Darrell C. R. Olson, Darrell C. R. Olson, 11. William K Barbour, Florietta K Sanchez, Steven L. Walker, Individually of Englewood, 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 CCC Surety Companies have caused these presents to be signed by their Group Vice President and their carrc mte scale to be hereto affixed on this 26th day of February 1 1998 YA CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CPATV ��,► ,�� AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA v SEAL 1897 h • � Marvin J. Cashion Group Vice President i State of Illinois, County of Will, ss: On this 26th day of February , 1998 , before me personally came Marvin J. Cashion, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago, 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. +v NOTARY PUBLIC My Commission Expires June 5, 2000 Eileen T. Pachuta Notary Public CERTIFICATE 1, Mary A. Ribikawskis, 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 Directors 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 7t:h day of April , 1999- CONTINENTAL CASUALTY COMPANY YNStiR' � fi _NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 0�,' .MRICAN CASUALTY COMPANY OF READING, PENNSYLVANIA CCWDRftS �o A SEAL. • < Ist - 1897 Mary A. Ribikawskis Assistant Secretary (Rev.10/1 /97) i`, horizing By -Laws and Resolutia...� 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 1 the Company. 'rr� "Article IX --Execution of Documents Section 3. Appointment of Attorney -in -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 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 VI- eeution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attomey-in-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 attomeys-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 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 President or any Executive, Senior or Group Vice President 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 2 of Article VI 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 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, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-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 Attomey-in-Fact" This Power of Attorney is signed and sealed by facsimile under,andfby the authority of the following Resolution adopted by the Board of 'A1 M Directors of the Company at a meeting duly called and held on thealay, of February -1993. "RESOLVED: That the signature of the President, an ExeiQUtive Vice- President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of aft omey granted pursuant to the Resolution adopted by this Board of Directors an February 17, 1993 and the signature of a Secretary or in. Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or cer-fi6te_bearing such facsimiiee 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." A�'�'�DC E RT I F I CAT E O F LIABILITY I N S U RP N C EELAA LB DATE (MIWDDMfj MC-1 04/07/99 PRODUCER 4 Olson & Olson, ttd. THIS CERTIFICATE IS ED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Distinctive Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pn Box 1467 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. tlewood CO 80150 ne:303-761-0085 Fax:303-788-1817 INSURERS AFFORDING COVERAGE INSURED INSURER A: U.S. Fidelity & Guaranty Co. INSURER B: INSURER C: Elam Construction, Inc. INSURER D: 1225 South 7th Street Grand Junction CO 81501 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M/DD POLICY EXPIRATION DATE M/O LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 0 0 0, 0 0 0 A X COMMERCIAL GENERAL LIABILITY 1MP30093661405 10/01/98 10/01/99 FIRE DAMAGE (Any one fire) $ 300,000 CLAIMS MADE FX OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1, 0 0 0, 0 0 0 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , O O O , O O O POLICY X JECTT LOC A AUTOMOBILE LIABILITY X ANY AUTO 1MP30093661405 10/01/98 10/01/99 COMBINED (Eaccident)NGLEUMIT 81 $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS X Hired Auto PD X Co /500—Coll/500 PROPERTYAGE dent) (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO *10DAY NOTICE FOR NON -PAY I221T OF PREbM M APPLIES $ EXCESS LIABILITY EACH OCCURRENCE $ 5, 0 0 0, 0 0 0 A X OCCUR CLAIMS MADE 1MP30093661405 10/01/98 10/01/99 AGGREGATE $ 5,000,000 S $ DEDUCTIBLE X RETENTION $ -O- $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER - E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I S OTHER A Owners,Contractors BINDER4678 03/19/99 03/19/00 $ 600000 Each Occ Protective Liab I I 1 1 $2000000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: 1999 Overlay Project and West Edwards Paved Trail Construction - Additional Insured applicable to General Liability: Board of County Commissioners Eagle County, Colorado VGI\ I if IVt11 G fIVLNGR J. I AULA I&URAL UV.IUKCU; NV.7UKtK LCI ICK: %-fM'4L+CLLM I IUIY 0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Board of County Commissioners EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL Eagle County *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. Box 850 LEFT B 500 Broadway Eagle, CO 81631-0850 A ACORD 25-S (7/97) D CORPORATION I QRR Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF IN' ' 4ATION ONLY AND CONFERS NO RIGHTS UPON YOU THr TIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT ANIEND, E?,- ,J, OR ALTER THE COVERAGE AFFORDED BY THE POLICIEx. JED BELOW. This is to Certify that F ELAM CONSTRUCTION INC AND �./ BLUETOP ENTERPRISES INC 1225 SOUTH 7TH STREET GRAND JUNCTION CO 81501 Name and address of Insured. Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terns, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be IQCI Inel EXP. DATE I • ❑ CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY a POLICY TERM 1 j 1 WORKERS COMPENSATION ( 07-01-99 I WC2-191-418482-018 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: COLORADO EMPLOYERS LIABILITY ! Bodily Iniury By Accident 500,000 Each Accident ! 1 Bodily Injury By Disease i 500,000 Policy Limit Bodily Injury By Disease 500,000 Each Person GENERAL General Aggregate - Other than Products/Completed Operations LIABILITY ❑ OCCURRENCE Products/Completed Operations Aggregate ❑ CLAIMS MADE Bodily Iniury and Property Damage Liability Per Occurrence Personal and Advertising Injury RETRO DATE Per Person/ Organization Other Other ! � i AUTOMOBILE LIABILITY Each Accident - Single Limit I B.I. and P.D. Combined Each Person '7 OWNED NON -OWNED Each Accident or Occurrence HIRED Each Aocident or Occurrence ,OTHER I MIJUS 1 1VI14NL % r%JMMCIV 10 RE: Eagle County - 1999 Overlay Project • If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE Liberty Mutual Group THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 3 DAYS N, " OF SUCH -CANCELLATION HAS BEEN MAILED TO: Eagle County � A P. I Y ��+TE P : 0 . Box 850 HOLDER Eagle, ' C0: 81631-0850 AUTHORIZED REP SENTATIVE ENGLEWOOD (303) 799-0818 4-7-99 OFFICE PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 LIM DLSTRIBUTION Originals to: I. Contract Bo 2. 3. 4. Capies to: 1. Accounting 2. 3. 4.