No preview available
HomeMy WebLinkAboutC99-081 GMCOC'9q <eI SD Engineering Department (970) 328-8760 FAX (970) 328-7185 Nwo, TDD (970) 328-8797 EAGLE COUNTY, COLORADO NOTICE OF AWARD March 29, 1999 GMCO LLC of Colorado P.O. Box 1220 Carbondale, CO 81623 Re: 1999 Chip Seal 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 GMCO LLC of Colorado in the amount of $31,713.72. 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 01 Johnnette Phillips, Chairman cc: James R. Fritze, County Attorney George Roussos, County Engineer Brad Higgins, Road & Bridge Director r.. Engineering Department (970) 328-8760 FAX (970) 328-7185 TDD (970) 328-8797 EAGLE COUNTY, COLORADO INVITATION TO BID 1999 CHIP SEAL PROJECT Eagle County Building P.O. Box 850 500 Broadway Eagle, Colorado 81631-0850 Eagle County will receive sealed bids for the 1999 Chip Seal Project until 2:30 p.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 may be obtained at the Eagle County Engineering Department. Each bid shall be accompanied by Bid Security in accordance with the Instructions to Bidders. AGREEMENT THIS AGREEMENT is dated as of theme day ofA < <- , in the year 1999 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and GMCO LLC of Colorado (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 -WORK lft� CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Approximately 25,626 square yards of 3/" chip seal with a prime and blotter on RAP surface. 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. �, Agreement Page 1 u ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before SEPTEMBER 1,1999, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before SEPTEMBER 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 Four Hundred Sixty Five dollars ($455.00) 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 1. 3/" Chip Seal 25,626f S.Y. $1.22 $31,263.72 HFMS-2P Landfill Road 1.82 miles x 24' wide 2. Construction Zone 1 Lump $450.00 $ 450.00 Traffic Control Sum TOTAL $31,713.72 ,"M*, Agreement Page 2 �qw/ `vwo rn 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 96% 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. 11� Agreement Page 3 ,4000� 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. 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. S%001` Agreement Page 4 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 2 divisions and 5 pages, as listed in the table of contents thereof. 7.8 Drawings, consisting of 0 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. 11MV, Agreement Page 5 OM. 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 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 L Z Z , 1999. OWNER: ATTEST Eagle County Board of County Commissioners " MEME22011MU Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 M Terry,) Member / I (CORPORATE SEAL) ATTE Address forgiving notices: GMCO LLC of Colorado P.O. Box 1220 Carbondale, CO 81623 `. Agreement Page 6 DATE o9AcoRfl INSUR^NEC2s2Oi8i PRODUCERS THIS CERTIFICATE Ib4sdUED AS A MATTER OF INFORMATION The Linden Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of Glenwood Springs, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 60130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Grand Junction CO 81506 COMPANIES AFFORDING COVERAGE Cathy Sommers COMPANY A Maryland Insurance Group Phone No. 970-945-6203 Fax No. 970-945-1533 INSURED COMPANY B Colorado Compensation Ins Auth G M C O LLC of Colorado COMPANY and G M C 0 Corporation C P . 0. BOX 1220 COMPANY Carbondale CO 81623 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, 0 0 0, 0 0 0 A X COMMERCIAL GENERAL LIABILITY CON21095212 12/31/98 12/31/99 PRODUCTS - COMP/OP AGG $ 1, 0 0 0 , 0 0 0 CLAIMS MADE 7 OCCUR PERSONAL & ADV INJURY $ 1 , 0 0 0 , 0 0 0 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1 , 000 , 000 FIRE DAMAGE (Any one fire) $ 300,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY A X ANY AUTO CON21095212 12/31/98 12/31/99 COMBINED SINGLE LIMIT $ 1 , OO O , OOO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE IS EXCESS LIABILITY EACH OCCURRENCE s5,000,000 A X UMBRELLA FORM CON86718831 12/31/98 12/31/99 AGGREGATE $ 5,000,000 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND TARS LATU- �OER- EMPLOYERS LIABILITY EL EACH ACCIDENT $ 10 0 , 0 0 0 B THE PROPRIETOR/ INCL PARTNERWEXECUTIVE 3162495 07/01/98 07/01/99 EL DISEASE -POLICY LIMIT $ 500,000 EL DISEASE - EA EMPLOYEE S 10 0 , 0 0 0 OFFICERS ARE. EXCL OTHER A Contractors Equip CON21095212 12/31/98 12/31/99 Special 1000 ded form DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re: 1999 Chip Seal Project CERTIFICATE HOLDER - CANCELLATION 0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Board of County Commissioners EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Eagle County 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 500 Broadway Eagle CO 81631 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,�TSAGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE j Cathy Sommers ACORD 25-S (1/95) " ACORD CORPORATION 1988 �./ AIA Document A312 `/ Performance Bond Bond No. 08483852 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): G.M.C.O.LLC P.O. Box 1220 Carbondale, CO 81623 OWNER (Name and Address): Board of County Commissioners Eagle County 500 Broadway Eagle, CO 81631 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Fidelity And Deposit Company of Maryland P.O. Box 60130 Grand Junction, CO 81506 Date: Amount: Thirty one thousand seven hundred thirteen dollars & 72/100 Description (Name and Location): 1999 Chip Seal Project BOND Date (Not earlier than Construction Contract Date): Amount: $31,713.72 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: G.M.CAO. LLC Signature: J Nance and Title: im T4rry, Member (Any additional s natures )ppcar on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: (Corporate Seal) 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 perfomis 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 Defuult, 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 Defuult and has requested and attempted to arrange a conference w ith the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to ® None ❑ See Page 2 SURETY Company: Fidelity And Deposit Company (Corporate Seal) of Maryland enaiure: Jf hL�t . Name and Title: Sandra K. ere Attorney -In -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other Pam) perform the Construction Contract, but such an agreement shall not waive the Owners right, if am', subsequently to declare a Contractor Default; and 3.2 The Owner has declared u Contractor Default and formally terminated the Contractors 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 par 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 Wien 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-18521GEEF2198 Page 1 of 2 I 1l17aiige for tlw Contractor. with consent of the O%t»er, to . ,ertiinn acid complete the Construction Contr - or 4.2 Undertake to pertirnn and complete tj�nwEmstruction Contract �I1; througli its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the: Owner tirr it contract for performance and completion of' the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected %vith 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 b 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 perforrni and complete, arrange for completion, or obtaiIi a Ilew contractor and with reasonable promptness under the circumstances: .1 After investigation. determine the amount for which it may be liable to the 0"ner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner: or .2 Deny liability in xrhole or in part and notify the Owner citing reasons thereforr. 5 It' 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 ater receipt of an additional written notice from the 0%ner 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 greater than those of the Owner under the Construction Contract. To the limit of 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 ofthe Constriction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or lailure 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 be liable to the (inner (11' others 1br obligations of the Contractor that ar -irelated to the Construction ContIact, and the Balance: of the Contract shall not be reduced or set off on account of any such unrelated oblig, Ions. No right of action shall accrue on this - Bond to any person or entity other than the O\rner or its heirs, executors, administrators or successors. 8 The.• Surety hereby %vaives notice: of any chance, 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 pan 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 0\\ner or the Contractor shall be mailed or delivered to the address sho\Nn on the signature page. 11 Wlien this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be peribi- red, any provision in this Bond conflicting with said statutory or legal requirement deleted heretroni and provisions conforming to such statuton, 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 conunon 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 chaiiLes 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 Constriction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pity the Contractor is required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is pro-vided bclONy for additional signatures of added parties. other than those appearing on the corer page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: (Corporate Seal) S-1852/GEEF 2/98 Page 2 of 2 ,v AIA Document A312 Bond No.08483852 Payment Bond Conforms with the American Institute of Architects, AIA Document A312. Ail singular reference to Contractor, Surety, Owner or other party shall be considered plural lvlfere applicable. CONTRACTOR (Name and Address): G.M.C.O.LLC P.O. Box 1220 Carbondale, CO 81623 OWNER (Name and Address): Board of County Commissioners Eagle County 500 Broadway Eagle, CO 81631 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Fidelity And Deposit Company of Maryland P.O. Box 60130 Grand Junction, CO 81506 Date: Amount: Thirty one thousand seven hundred thirteen dollars & 72/100 Description (Name and Location): 1999 Chip Seal Project BOND Date( Not earlier than Construction Contract Date): Amount: $31,713.72 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: G.M. O. LLC (Corporate Seal) Signature: Name and Tiff Jim Terry, Member (Any addition signa res appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pap for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Omvter, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payrnent, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnities 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 pownen for labor, materials or equipment famished for use in the performance of the Construction Contract, provided the Opener has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. am ❑ See Page 2 SURETY Company: Fidelity And Deposit Company (Corporate Seal) of Maryland Si afore: �'xz4 7 Nant2-�e: Sandra K. Pi ce, orney-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 pmnmcmt, 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 Deeper. within 90 days aller having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were famished or supplied or for whom the labor was done or performed: and SURETY 5026 (6-92) S-18531GEEF 2198 Page i of 2 .2 flave either received a rejection in whole or in part from tilt: Contractor. or not received within 31 s of furnishing the above notice any communication lronn�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 Witten 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 pmanent ofany undisputed amounts. 7 The Surety's total obligation shrill not exceed the amount of this Bond. and the amount of this Bond shall be credited for am• papnents made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used liar the pertonnance of the Construction Contract and to satislj• claims, if any, under any Construction Performance Bond. By the Contractor furn�shini, and the O►wnner 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 Owners 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 Contract. 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 ►vaives 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 coin nienced 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 pant of the ►►ork is locaieLI or Mier the expiration of* one year from the date (1) oil ► the Claimant gave the notice required by Subparagraph 4. 1 or C1;�- .2.3. or (2) on ►% hich 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 prohibi,,:d by law, the minimum period of limitation available to sureties as a defense in the jurisdiction othee suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address sho►►n 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 he made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with tine Contractor or ►with if suhcontractor of the Contractor to furnish labor, materials or equipment Ior use in the perionnance of the Contract. The: intent of this liond shall be to include: .without limitation in terns "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 perfornnance 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. ►diich has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to peribrin and complete or comply with the other terns thereol. (Space is pro►•ided belo«, for additional signatures of added parties, other than those appearing on the coN,cr page.) CONTRACTOR AS PRINCIPAL SURETY Company Signature: Natne and Title: Address: (Corporate Seal) Compan} : Signature: Name and Title: Address: (Corporate Seal) S-1853/GEEF 2/98 Page 2 of 2 E�75 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 212034227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of -Laws of Company, which are set forth on the reverse side hereof and are hereby certified to be in full f d effe a date hereof, does hereby nominate, constitute and appoint Barry N. BLANCHARD, Sand IER n A. BLANCHARD and Timothy J. BLANCHARD, all of Grand Junction, Colorado, E its true wful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as sur d as its deed: any and all bonds and undertakings and the execution of such bonds or undertakings in p ce of th sents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if e d been ecuted and acknowledged by the regularly elected officers of the Company at its office in Baltim , in the' proper persons. This power of attorney revokes that issued on behalf of Barry N. BLANCHARD, ed Octo o , 1993. The said Assistant Secretary does here 'fy that �ct set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of ompany 's now in force. IN WITNESS WHEREOF, the-Presid Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the sat FIDELI ND DEPOSIT COMPANY OF MARYLAND, this 27th day of August, A.D. 1998. ATTEST: FIDELITY AN 0 OSIT COMPANY OF MARYLAND By: -_6r T. E. Smith Assistant Secretary W. B. Walbrecher Vice -President State of Maryland SS: County ofBffmore On" this 27th day of August, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice -President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J. Far // Notary Public My Commissi Expires: August 1, 2000 L1428-020-5324 ,%mo1 `4.nw EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND; do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President whoexecutedthe said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of % Assistant Secretary DISTRIBUTION Originals to: 1. Contract Book 2. 3. "�Zn 4. Couies to: 1. Accounting 2. 3. 4.