HomeMy WebLinkAboutC06-157
AGREEMENT FOR CENTERLINE MARKING PROJECT
THIS AGREEMENT is dated as of the 26th day of April , 2006,by and
between Eagle County, Colorado, a body corporate and politic, acting by and through its
Board of County Commissioners (hereinafter called "Owner"), and Patriot Hiqhway
Markinqs (hereinafter called "Contractor").
Owner and Contractor, in consideration of the mutual covenants set forth, agree as
follows:
ARTICLE 1 - WORK
Contractor shall complete all work as specified or indicated in the Contract Documents
("Work"). The Work is generally described as: 2006 CENTERLINE MARKING
PROJECT AS SPECIFIED IN EXHIBIT "A" which is attached hereto and incorporated
by this reference.
ARTICLE 2 - OWNER'S REPRESENTATIVE
The Project is under the authority of the Eagle County Road & Bridge Department, the
Director of which, or his designee, shall be Owner's liaison with Contractor with respect
to the performance of the Work.
ARTICLE 3 - CONTRACT TIME
3.1 The Work will be completed and ready for final payment in accordance with the
Contract Documents on or before JUNE 1 ,2006.
3.2 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the
essence of this Agreement and that Owner will suffer financial loss if the Work
is not substantially complete within the time specified in paragraph 3.1 above,
plus any extensions thereof allowed in accordance with the General Conditions.
They also recognize the delays, expense, and difficulties involved in proving a
legal or arbitration proceeding the actual loss suffered by Owner if the Work is
not substantially complete on time. Accordingly, instead of requiring such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a
penalty) Contractor shall pay Owner Three Hundred dollars ($300.00) for each
day that expires after the time specified in paragraph 3.1 for completion until the
Work is complete.
Agreement Page 1
ARTICLE 4 - CONTRACT PRICE
4.1 The funds appropriated for this project are equal to or in excess of the contract
amount.
4.2 Owner shall pay Contractor for performance of the Work in accordance with the
Contract Documents in current funds as follows: PROGRESSIVE PAYMENTS
UPON COMPLETION OF EACH AREA AS SPECIFIED IN EXHIBIT "A".
4.3 Pursuant to the provisions S24-91-103.6, C.R.S., and notwithstanding anything
to the contrary contained elsewhere in the Contract Documents, no change
order or other form of order or directive by Owner, and no amendment to this
Agreement, requiring additional compensable work to be performed which work
causes the aggregate amount payable under the Agreement to exceed the
amount appropriated for the original Agreement, shall be of any force or effect
unless accompanied by a written assurance by Owner that lawful appropriations
to cover the costs of the additional work have been made or unless such work
is covered under a remedy-granting provision in the Agreement.
4.4 The Board of County Commissioners for Eagle County is a governmental entity.
All obligations beyond the current fiscal year are subject to funds being
budgeted and appropriated.
ARTICLE 5 - PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with the General
Conditions. Applications for Payment will be processed as provided in the General
Conditions.
5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on
account of the Contract Price on the basis of Contractor's Applications for
Payments, as provided below. All progress payments will be on the basis of the
progress of the Work.
5.1.1 Prior to Completion, progress payments will be in an amount equal to:
0 90% of the Work completed until fifty percent (50%) of the Work is
performed, after which no additional retaining shall be withheld, and
0 90% of materials and equipment not incorporated in the Work but
delivered and suitably stored, less in each case the aggregate of
payment previously made.
Agreement Page 2
5.1.2 Progress payments and retained funds shall occur in compliance with
Paragraph 19 of the General Conditions attached hereto and C. R.S. S24-91-
103. The Owner shall authorize partial payments of properly requested
amounts of at least ninety percent of the calculated value of the work completed
until fifty percent of the work required under the Agreement has been
performed. Thereafter, the Owner shall authorize partial payments of any other
properly requested amounts without retaining additional funds if, in the opinion
of the Owner, satisfactory progress is being made in the work. The withheld
amounts of the contract price will be retained by the Owner until the contract is
completed satisfactorily and accepted by the Owner.
5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with
the General Conditions, Owner shall pay the remainder of the Contract Price.
The final payment shall not be made until after final settlement of this contract
has been duly advertised at least ten days prior to such final payment by
publication of notice thereof at least twice in a public newspaper of general
circulation published in Eagle County, and the Board of County Commissioners
has held a public hearing, thereupon and complied with the C.R.S. S38-26-107.
Final payment shall be made in accordance with the requirements of the
aforesaid statute.
ARTICLE 6 - Contractor's REPRESENTATIONS
In order to induce Owner to enter into this Agreement Contractor makes the following
representations:
6.1 Contractor has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions, and federal, state, and
local laws, ordinances, rules and regulations that in any manner may affect
cost, progress, or performance of the Work.
6.2 Contractor has made, or caused to be made, examinations, investigations, and
tests and studies of such reports and related data as he deems necessary for
the performance of the Work at the Contract Price, within the Contract Time,
and in accordance with other terms and conditions of the Contract Documents;
and no additional examinations, investigations, tests, reports, or similar data
are, or will be required by Contractor for such purposes.
6.3 Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the
Contract Documents.
6.4 Contractor has given Owner written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by Owner is acceptable to Contractor.
Agreement Page 3
6.5 In performing the work under this Agreement, the Contractor acts as an
independent contractor and is solely responsible for necessary and adequate
worker's compensation insurance, personal injury and property damage
insurance, as well as errors and omissions insurance. The Contractor, as an
independent contractor, is obligated to pay federal and state income tax on
moneys earned. The personnel employed by the Contractor are not and shall
not become employees, agents or servants of the Owner because of the
performance of any work by this Agreement.
ARTICLE 7 - CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement are made a part hereof,
and consist of the following:
7.1 This Agreement.
7.2 Contractor's Bid.
7.3 Performance and other Bonds.
7.4 Notice of Award and, if any, Notice to Proceed.
7.5 General Conditions (Pages 1 to 10, inclusive).
7.6 Specifications and Drawings.
7.7 Any modification, including Change Orders, duly delivered after execution of
Agreement.
7.8 The parties acknowledge and agree that the terms and conditions of this
Agreement (7.1) and the General Conditions (7.5) attached hereto, shall
supersede and control over any inconsistent or contrary provision in any other
attachment or agreement.
There are no Contract Documents other than those listed above in this Article 7. The
Contract Documents may only be altered, amended, or repealed by an executed,
written amendment to this Agreement.
ARTICLE 8 - BONDS
Not later than five business days following the execution of this Agreement, Contractor
shall deliver to the Owner the bonds required by the Contract Documents, and,
notwithstanding anything to the contrary contained in the Contract Documents, Owner
shall have no liability or obligation hereunder unless and until the bonds have been so
delivered.
Agreement Page 4
ARTICLE 9 - MISCELLANEOUS
9.1 No assignment by a party hereto of any rights under, or interests in the Contract
Documents will be binding on another party hereto without the written consent
of the party sought to be bound; and specifically, but without limitation, moneys
that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
9.2 Owner and Contractor each binds himself, his partners, successors, assigns
and legal representatives to the other party hereto, in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
9.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto
regarding the interpretation of this Agreement, or the obligations, duties or
rights of the parties hereunder, or if suit otherwise is brought to recover
damages for breach of this Agreement, or an action be brought for injunction or
specific performance, then and in such events, the prevailing party shall recover
all reasonable costs incurred with regard to such litigation, including reasonable
attorney's fees.
9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State
of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising
under, or in connection with this Agreement shall be exclusive in Eagle County,
Colorado.
9.5 INTEGRATION: This Agreement supersedes all previous communications,
negotiations and/or contracts between the respective parties hereto, either
verbal or written, and the same not expressly contained herein are hereby
withdrawn and annulled. This is an integrated agreement and there are no
representations about any of the subject matter hereof except as expressly set
forth in the Contract Documents.
9.6 NOTICE: Any notice and all written communications required under this
Agreement shall be (i) personally delivered, (ii) mailed in the United States
mails, first class postage prepaid, or (iii) transmitted by facsimile machine
together with a hard copy conveyed by delivery or mail, to the appropriate party
at the following addresses:
To Contractor:
Patriot Highway Markings
1091 CR 306
Parachute, CO 81635
Agreement Page 5
To Owner:
Brad Higgins - Director
Road & Bridge Department
Eagle County
P.O. Box 250
Eagle, CO 81631
telephone: 970-328-3540
telefax: 970-328-3546
Mailed notices will be deemed given three business days after the date of
deposit in a regular depository of the United States Postal Service, and FAX
notices will be deemed given upon transmission, if during business hours, or
the next business day. Either party can change its address for notice by notice
to the other in accordance with this paragraph.
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[signature page next page]
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Agreement Page 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on
the date first above written.
"Owner":
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST BOARD OF COUNTY
COMMISSIONERS
"Contractor":
STATE OF COLORADO )
) ss:
County of ~ )
v~Ylc\l ' 2006, came before a notary
o OJ known to me to be the (V
of ! " , who acknowledged t6 me
that he executed thE! fore oing documen , that he executed it in that capacity,
and that the same was the act of the entity identified in the document as
"Contractor" .
My commission expires:
Agreement Page 7
Patriot Highway Markings
1091 CR 306
Parachute, CO 81635
(970) 274-1150 cell
fax (970) 285-2115
Attention: Brad Higgins
Eagle County Road & Bridge
P.O. Box 250
Eagle, CO 81631
(970) 328-3540
fax (970) 328-3546
Date: 4/13/2006
Project: Eagle County 2006 Centerline Marking Project
Description:
1. Pavement Marking Paint with beads (Yellow)
2,427+/- gallons
2. Pavement Marking Paint with beads (White, edge lines and turn lines)
105 +/- gallons
Price:
1. Yellow is $19.00 per gallon x 2,427 = $46,113.00
2. White is $19.00 per gallon x 105 = $ 1,995
total $48,108.00
Note: Sweeping, if needed, to be done by others.
Please call me with any questions (970) 274-1150.
Thank you, Sign & Date here for acceptance of bid and
,~M~ terms:
Ken Holgate
Owner
Eagle County 2006 Centerline Marking Project
EXHIBIT "A"
Item Description ~ Unit Unit ,erice Amount
1. Pavement Marking Paint 2,427 :i: Gal .~ lq ,QQ. 143
{p I } L . ! QO
with Beads (Yellow) ~ -- I
$/~,OO .j;
2. Pavement Marking Paint 105:f: Gal ~1~J~_.5_-9o
with Beads (White, edge --,-~,--'-""
lines and turn lanes)
Total t J-.l8, J09~
I
~{ ~~
'-/ /~/ 200~
A Partnership
By: ~not I+\t;h uJ 4' I mq)' k">>9S (SEAL)
(Firm Name)
Ke1l Aol9trle
. (General Partner)
Business Address: loLlI cR 30~
~f C\ ch",\e Co.-
3/63S
Phone Number: Q70 - .A~5' 'J-I J~
Payment will be made under:
Pay Item Pay Unit
Pavement Marking Paint (Yellow) Gallon
Pavement Marking Paint (White, Gallon
edge lines and turn lanes)
Pavement Marking Paint (White, Square Feet
words, symbols, cross walks, and
stop lines)
Glass beads and cleaning with high pressure water blast or air blast shall be included in
the cost of the work.
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SPECIFICATIONS
PAVEMENT MARKING
MATERIALS
Per Colorado Department of Transportation's "Standard Specifications for Road and
Bridge Construction, 1999" section 627.04 and section 708, Paints, and sections 708.01
and 708.05. In the specifications, Colorado Department of Transportation is understood
to also include Eagle County.
Contractor shall be responsible for the unloading of materials at the Eagle County Road
and Bridge shop.
CONSTRUCTION REQUIREMENTS
Per Colorado Department of Transportation's current standard specifications and
supplemental specifications, section 627.01 and 627.03/
627.03(a) Add the following:
The Engineer will establish centerline control points only where
Pavement widening on curves has occurred, designate the
beginning and ending of "no passing zones" where same has
been obliterated by a fresh seal coat, and designate other
striping locations.
The surface areas of new asphalt pavement, existing asphalt pavement, and existing
concrete pavement that are to receive markings shall be cleaned with a high pressure air
blast to remove loose material prior to placement of marking paint.
It is the Contractor's responsibility to insure that no vehicles or private property are
damaged during the cleaning and painting operations.
METHOD OF MEASUREMENT
Per Colorado Department of Transportation's "Standard Specifications for Road and
Bridge Construction, 1999", Subsection 627.12.
BASIS OF PAYMENT
The accepted quantities will be paid for at the contract price per unit of measurement for
each of the pay items listed below that appear in the bid schedule:
Page I
~0 .
b
Y J nf20J
ROAD & BRIDGE DEPARTMENT
GENERAL CONDITIONS
1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities,
permits, licenses, transportation, and other facilities and services necessary for
proper execution and completion of the Work.
2. If Contractor fails to obtain the tax exemption(s) applicable to public works
projects from sales, consumer, use and similar taxes, Contractor shall pay the
same. Owner will cooperate with Contractor to obtain tax exemption for this
project.
3. Contractor shall be responsible for having taken steps reasonably necessary to
ascertain the nature and location of the Work, and the general and local
conditions which can affect the Work or the cost thereof. Any failure by
Contractor to do so will not relieve him from responsibility for successfully
performing the Work without additional expense to the Owner. Owner assumes
no responsibility for any understanding or representations concerning conditions
made by any of its officers, employees or agents prior to the execution of this
Agreement, unless such understanding or representations are expressly stated in
the Agreement.
4. Before commencing activities, Contractor shall: (1) take field measurements and
verify field conditions; (2) carefully compare this and other information known to
Contractor with the Agreement; and (3) promptly report errors, inconsistencies or
omissions discovered to Owner.
5. Contractor shall supervise and direct the Work, using Contractor's best skill and
attention. Contractor shall be solely responsible for and have control over
construction means, methods, techniques, quality, sequences and procedures,
and for coordinating all portions of the Work.
6. Contractor, as soon as practicable, shall furnish in writing to the Owner the
names of subcontractors and suppliers for each portion of the Work.
7. No charge shall be made by Contractor for hindrances or delays from any cause
whatever during the progress of any portion of the Work, unless such hindrance
or delay is caused in whole or in part by acts or omissions within the control of
Owner. In any event, Owner may grant an extension of time for the completion
of the Work, provided it is satisfied that delays or hindrances were due to causes
outside Contractor's control, e.g., weather, or to acts of omission or commission
by the Owner, provided that such extensions of time shall in no instance exceed
the time actually lost to Contractor by reason of such causes, and provided
further that Contractor shall have given Owner immediate (as determined by the
circumstances, but not exceeding 48 hours) notice in writing of the cause of the
detention or delay.
8. Contractor shall deliver, handle, store and install materials in accordance with
manufacturers' instructions.
9. Contractor shall comply with and give notices required by all federal, state and
local laws, statutes, ordinances, building codes, rules and regulations applicable
to the Work. If the Contractor performs Work knowing it to be contrary to laws,
statutes, ordinances, building codes, rules or regulations without notice to Owner,
Contractor shall assume full responsibility for such Work and shall bear the
attributable costs. Contractor shall promptly notify Owner in writing of any
conflicts between the specifications for the Work and such governmental laws,
rules and regulations.
10. The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs, including all those required by law in
connection with performance of the Agreement. The Contractor shall promptly
remedy damage and loss to property caused in whole or in part by the
Contractor, or by anyone for whose acts the Contractor may be liable.
11. Contractor shall keep the premises/work site and surrounding area free from
accumulation of debris and trash related to the Work.
12. Contractor shall furnish performance and payment bonds, each in an amount at
least equal to the contract price as security for the faithful performance and
payment of all Contractor'S obligations under the contract documents. These
bonds shall remain in effect at least until two years after the date of final
payment, except as otherwise provided by law. Contractor shall also furnish
other bonds as are required by the supplementary conditions. All bonds shall be
in forms satisfactory to Owner, and be executed by such sureties as (a) are
licensed to conduct business in the state where the project is located, and (b) are
named in the current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of
Accounts, U.S. Treasury Department. All bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
If the surety on any bond furnished by Contractor is declared bankrupt, or
becomes insolvent, or its right to do business is terminated in any state where
any part of the project is located, or it ceases to meet the requirements of
clauses (a) and (b) of the preceding paragraph, Contractor shall within five days
thereafter substitute another bond and surety, both of which shall be acceptable
to Owner.
13. Contractor shall be solely responsible for the protection of the Work until its final
acceptance by Owner. Contractor shall have no claim against Owner because of
any damage or loss to the Work, and shall be responsible for the complete
restoration of damaged Work to its original condition. I n the event Contractor's
Work is damaged by another party, not under his supervision or control,
Contractor shall make his claim directly with the party involved. If a conflict or
disagreement develops between Contractor and another party concerning the
responsibility for damage or loss to Contractor's Work, such conflict shall not be
cause for delay in Contractor's restoration of the damaged Work.
14. Contractor's Insurance:
The Contractor shall purchase and maintain such insurance as will protect him
from claims set forth below which may arise out of or result from the Contractor's
operations under the contract, whether such operations be by himself, or by any
subcontractor, or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable. All such insurance shall
remain in effect until final payment, and at all times thereafter when Contractor
may be correcting, removing, or replacing defective Work. In addition, Contractor
shall maintain such completed operations insurance for at least two years after
final payment, and furnish Owner with evidence of continuation of such insurance
at final payment and one year thereafter.
Insurance coverage shall be as follows:
Claims under Workmen's Compensation, disability benefits, and other similar
employee benefit acts, with coverage and in amounts as required by the laws of
the State of Colorado;
Claims for damage because of bodily injury, occupational sickness or disease, or
death of his employees, and claims insured by usual personal injury liability
coverage;
Claims for damage because of bodily injury, sickness, disease, or death of any
person other than his employees; and
Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting therefrom;
Contractor's Liability Insurance issued to and covering the liability for damage
imposed by law upon the Contractor and each subcontractor with respect to all
Work performed by them under the Agreement;
Contractor's Protective Liability Insurance issued to and covering the liability for
damages imposed by law upon the Contractor and each subcontractor with
respect to all Work under the Agreement performed for the Contractor by
subcontractors.
Completed Operations Liability Insurance issued to and covering the liability for
damage imposed by law upon the Contractor and each subcontractor arising
between the date of final cessation of the Work, and the date of final acceptance
thereof out of that part of the Work performed by each.
Comprehensive Automobile Insurance.
All liability and property damage insurance required hereunder shall be
Comprehensive General and Automobile Bodily Injury and Property Damage
forms of policies, as the case may be.
The Contractor shall in addition, and in the amounts required under the above,
obtain protective Liability Insurance issued to and covering the liability for
damages imposed by law upon the Owner with respect to all operations under
the construction contract by the Contractor or his subcontractors, including
omissions and supervisory acts by the Owner.
Builder's Risk Insurance: Insofar as the Work to be performed under this
contract consists entirely of new construction removed and separated from any
existing facility used by Owner, Contractor shall procure and maintain, for the
duration of the Work of this project, Builder's Risk Insurance, including the perils
of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.),
vandalism and malicious mischief, and special extended coverage (loss due to
falling objects, collapse, water damage from faulty or leaking systems, etc.) in the
full amount of the contract price plus the cost of authorized extras. Said amount
of insurance coverage shall be considered to cover the insurable value of the
Work under this contract which is considered not to exceed one hundred percent
(100%) of the amount of this contract and authorized extras. Such policy shall
not insure any tools or equipment, or temporary structures erected at the site and
belonging to any person or persons, or their subcontractors who are obliged by
contract with the Owner to do Work on the projects.
Comprehensive Risk Policy Option: In lieu of the several policies specified for
Contractor's Liability Insurance, a comprehensive liability and property damage
insurance policy inclusive of all the insurance and requirements herein set forth,
subject to the approval of the Owner, will be permissible.
Insurance covering claims for damages to persons or property shall at a
minimum provide coverage of the larger of (i) $500,000 each person/$1,000,000
each occurrence, for bodily injury and $600,000 each occurrence for property
damage , (ii) the maximum liability of a local government provided in the
Colorado Governmental Immunity Act, 24-10-101, et seq., CRS (1973) as that
may be amended from time-to-time, or (iii) such greater amount(s) as may be
required by law.
Insurance shall be placed jointly in the names of the Owner, Contractor, and any
and all subcontractors, and any and all others obliged by contract with the Owner
to do Work on this project, and, at the Owner's option, any other person or
persons whom the Owner deems to have an insurable interest in said property,
or any part thereof, payable as their several interests may appear. Any proceeds
obtained from insurance provided for by this paragraph shall be paid to and held
by the Owner as trustee. The Owner shall have the right to withhold payment of
such proceeds until such time as the Work destroyed or damaged and covered
by such insurance shall be reconstructed and shall pay such proceeds on an
installment basis similar to that provided for by progress payments covering the
original Work.
Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of the Work. These Certificates
shall contain provisions naming the Owner as an additional insured under
Contractor's insurance, as more fully required by the General Conditions herein,
and that coverage afforded under the policies will not be cancelled until at least
thirty days prior written notice has been given the Owner. Contractor and his
subcontractors shall not permit any of his subcontractors to start Work until all
required insurance have been obtained and certificates with the proper
endorsements have been filed with the Owner. Failure of the Contractor to
comply with the foregoing insurance requirements shall in no way waive the
Owner'S rights hereunder.
15. Owner, at its option, may purchase and maintain such liability insurance as will
protect him against claims which may arise from operations under this contract.
Purchasing and maintaining such insurance, however, will not relieve the
Contractor from purchasing and maintaining the insurance hereinbefore
specified.
16. Before permitting any of his subcontractors to perform any Work under this
contract, Contractor shall either (a) require each of his subcontractors to procure
and maintain during the life of his subcontracts, Subcontractor's Public Liability
and Property Damage Insurance of the types and in the amounts as may be
applicable to his Work, which type and amounts shall be subject to the approval
of the Owner, or (b) insure the activities of his subcontractors in his own policy.
17. To the fullest extent permitted by law, Contractor shall indemnify and hold
harmless Owner, its board, commissioners, employees and the agents of any of
them, from and against claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from performance of the
Work, provided that such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the Work itself) including loss of use resulting therefrom, but
only to the extent caused in whole or in part by negligent acts or omissions of the
Contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
18. After execution of the Agreement, changes in the Work may be accomplished by
Change Order or by order for a minor change in the Work. Owner, without
invalidating the Agreement, may order changes in the Work within the general
scope of the Agreement consisting of additions, deletions or other revisions.
a. No Change Orders or other form of order or directive which requires
additional compensable work to be performed may be issued or be
effective unless accompanied by a written assurance to the Contractor
that lawful appropriations to cover the costs of the additional work have
been made.
b. A Change Order shall be a written order to the Contractor signed by
Owner to change the Work.
c. Owner will have authority to order minor changes in the Work not involving
changes in the Contract Price or the Contract Time. Such changes shall
be written orders and shall be binding on the Contractor and Owner.
Contractor shall carry out such written orders promptly.
19. Progress Payments:
If the project is subject to progress payments, not more often than once a month,
Contractor shall submit to Owner an application for payment filled out and signed
by Contractor covering the work completed as of the date of the application, and
accompanied by such supporting documentation as Owner may reasonably
require. If payment is requested on the basis of materials and equipment not
incorporated in the work, but delivered and suitably stored at the site or at
another location agreed to in writing, the application for payment shall also be
accompanied by such data, satisfactory to Owner, as will establish Owner's title
to the material and equipment, and protect Owner's interest therein, including
applicable insurance. Each subsequent application for payment shall include an
affidavit of Contractor stating that all previous progress payments received on
account of the work have been applied to discharge in full all of Contractor's
obligations reflected in prior applications for payment. The amount of retainage
with respect to progress payments will be as stipulated in the Agreement.
Owner will, within ten days after receipt of each application for payment, either
indicate in writing a recommendation of payment, or return the application to
Contractor indicating in writing its reasons for refusing to recommend payment.
In the latter case, Contractor may make the necessary corrections and resubmit
the application. Owner shall, within twenty days of recommendation of payment,
pay Contractor the amount recommended.
20. Final Payment:
Upon written notice from Contractor that the work is complete, Owner will make a
final inspection with Contractor, and will notify Contractor in writing of all
particulars in which this inspection reveals that the work is incomplete or
defective. Contractor shall immediately take such measures as are necessary to
remedy such deficiencies. Defects are those identified by an Eagle County
Official(s) and shall be judged on quality by that Official(s).
After Contractor has completed all such corrections to the satisfaction of Owner,
and delivered all maintenance and operating instructions, schedules, guarantees,
bonds, certificates of inspection, marked-up record documents or as-built
drawings covering all of the Work, Contractor may make application for final
payment following the procedure for progress payments. The final application for
payment shall be accompanied by all documentation called for in the contract
documents, and such other data and schedules as Owner may reasonably
require, together with complete and legally effective releases or waivers
(satisfactory to Owner) of all liens arising out of, or filed in connection with the
work. In lieu thereof, and as approved by Owner, Contractor may furnish
receipts or releases in full; an affidavit of Contractor that the releases and
receipts include all labor, services, material, and equipment for which lien could
be filed, and that all payrolls, material, and equipment bills, and other
indebtedness connected with the work, for which Owner or his property might in
any way be responsible, have been paid or otherwise satisfied; and consent of
the surety, if any, to final payment. If any subcontractor, manufacturer,
fabricator, supplier, or distributor fails to furnish a release or receipt in full,
Contractor may furnish a bond or other collateral satisfactory to Owner to
indemnify Owner against any lien.
21. Final payment shall not become due until Contractor submits to Owner releases
and waivers of liens, and data establishing payment or satisfaction of obligations,
such as receipts, claims, security interests or encumbrances arising out of the
Work. Final payment is subject to the Final Settlement requirements and time
periods set forth in C.R.S. 938-26-107.
22. Contractor warrants and guarantees that title to all work, materials, and
equipment covered by any application for payment, whether incorporated in the
project or not, will pass to Owner at the time of payment free and clear of all
liens, claims, security interests, and encumbrances (in these General Conditions
referred to as "Liens").
23. Contractor's obligation to perform and complete the Work in accordance with the
contract documents shall be absolute. Neither the recommendation of any
progress or final payment nor the payment by Owner to Contractor under the
contract documents, nor any use or occupancy of the Work or any part thereof by
Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any
correction of defective Work by Owner shall constitute an acceptance of Work
not in accordance with the contract documents or a release of Contractor's
obligation to perform the Work in accordance with the contract documents.
24. If Contractor fails to correct Work which is not in accordance with the Agreement,
the Owner may direct the Contractor to stop the Work until the correction is
made.
25. Contractor shall promptly correct Work rejected by Owner as failing to conform to
the requirements of the Agreement and Contractor shall bear the cost of
correcting such rejected Work.
26. Contractor warrants to Owner that: (1) materials and equipment furnished under
the Agreement will be new and of good quality; (2) the Work will be free from
defects not inherent in the quality required or permitted; defects are those
identified by an Eagle County Official(s) and shall be judged on quality by that
Official(s) and (3) the Work will conform to the requirements of the Agreement.
27. Contractor warrants and guarantees to Owner that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt notice of all
defects shall be given to Contractor. If, within one year after the date of
completion, or such longer period of time as may be set forth in the Agreement
(including the Bid), prescribed by law, prescribed by the terms of any applicable
warranty given by a materials supplier or required by or a part of the Agreement,
any Work is found to be defective, Contractor shall promptly, without cost to
Owner, and in accordance with Owner's written instructions, either correct such
defective Work, or, if it has been rejected by Owner, remove it from the site, and
replace it with nondefective work. If Contractor does not promptly comply with
the terms of such instructions, or in an emergency where delay would cause
serious risk of loss or damage, Owner may have the defective Work corrected or
the rejected Work removed and replaced, and all direct and indirect costs of such
removal and replacement, including compensation for additional professional
services, shall be paid by Contractor.
28. If Contractor defaults or neglects to carry out the Work in accordance with the
Agreement and fails within a seven day period after receipt of written notice from
the Owner to correct such default or neglect with diligence and promptness, the
Owner may, without prejudice to other remedies, correct such deficiencies. In
such case, the Agreement may be terminated by Owner or a Change Order shall
be issued deducting the cost of correction from payments due the Contractor.
29. The performance of the Work may be terminated at any time in whole, or from
time to time in part, by Owner for its convenience. Any such termination shall be
effected by delivery to Contractor of a written notice (" Notice of T ermination")
specifying the extent to which performance of the Work is terminated and the
date upon which termination becomes effective. After receipt of a Notice of
Termination, and except as otherwise directed by Owner, Contractor shall, in
good faith, and to the best of its ability, do all things necessary, in the light of
such notice and of such requests in implementation thereof as Owner may make,
to assure the efficient, proper closeout of the terminated Work (including the
protection of Owner's property). Among other things, Contractor shall, except as
otherwise directed or approved by Owner:
a. stop the Work on the date and to the extent specified in the Notice of
Termination;
b. place no further orders or subcontracts for services, equipment or
materials except as may be necessary for completion of such portion of
the Work as is not terminated;
c. terminate all orders and subcontracts to the extent that they relate to the
performance of Work terminated by the Notice of Termination;
d. assign to Owner, in the manner and to the extent directed by it, all of the
right, title and interest of Contractor under the orders or subcontracts so
terminated, in which case Owner shall have the right to settle or pay any
or all claims arising out of the termination of such orders and subcontracts;
e. with the approval of Owner, settle all outstanding liabilities and all claims
arising out of such termination or orders and subcontracts; and
f. deliver to Owner, when and as directed by Owner, all documents and all
property which, if the Work had been completed, Contractor would be
required to account for or deliver to Owner, and transfer title to such
property to Owner to the extent not already transferred.
In the event of such termination, there shall be an equitable reduction of the Contract
Price to reflect the reduction in the Work and no cost incurred after the effective date of
the Notice of Termination shall be treated as a reimbursable cost unless it relates to
carrying out the unterminated portion of the Work or taking closeout measures.
\rd&brdge.gc
Fed X 4/13
Developers Surety
Surescape Insurance Services
4600 South Ulster Street, Suite 240
· Denver, CO 80237.
(303) 225-8030 · Fax: (303) 225-8034
To: PATRIOT HIGHWAY STRIPING & PAVEMENT MARKINGS
1091 CR 306
Parachute, Colorado 81635 Date: 4/13/06
Enclosed is our executed Bid Bond for your use in connection with the following project:
Project Name: EAGLE COUNTY ROAD & BRIDGE
2006 Centerline Marking Project
Eagle County, Colorado
Estimated Contract Price: $50,000
Bid Date: April 17, 2006
Please Note:
PLEASE RETURN THE ORIGINALLY SIGNED SHORTFORM
APPLICATION AT YOUR EARLIEST CONVENIENCE. THANK
YOU.
If the contract documents specify insurance coverages that go beyond your normal program,
your insurance Account Executive will address them with you under separate cover.
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we PATRIOT HIGHWAY STRIPING &
PAVEMENT MARKINGS (Here insert full name and address or legal title of Contractor)
1091 CR 306, Parachute, Colorado 81635
as Principal, hereinafter called the Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY
P. O. Box 19725, Irvine, California 92623 (Here insert full name .nd .ddress or leg.1 lille 01 Surety)
a corporation duly organized under the laws of the State of Iowa
as Surety, hereinafter called the Surety, are held and firmly bound unto EAGLE COUNTY ROAD &
BRIDGE (Here insert full name and olddress or legal rille of Owner)
3289 Cooley Mesa Road, P. O. Box 250, Eagle, Colorado 81631
as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Total
Amount of the Bid Dollars ($ ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for 2006 Centerline Marking Project,
Eagle County, Colorado (Here insert full name, address and descriplion of project)
NOW, THE REF 0 R E, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to
in full force and effect.
Signed and sealed this 17th day of April xi9 2
~wrl ' .
STRIPING & PAVEMEN~v~
DEVELOPERS SURETY AND INDEMNITY COMrA~lf
!?y' I' . lSu"" J (S,,/)
j .7'IP' /i ~', '~/'i!.. , .,::,./",/",
Colorado By L /11 tuda .:11 1,,,/..,10: ; //t:.? r
/ (Title)
Cynthia M. Burnett, Attorney-in-F3ct
AlA DOCUMENT A310 . BID BOND. AlA @. FEBRUARY 1970 ED. THE AMERICAN
INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1
@ Printed on Recycled Paper 9/93
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
www.InscoDico.com
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute and appoint:
***Teresa L. Thrailkill, Douglas J. Rothey, Cynthia M. Burnett, jointly or severally***
as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and
contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to
be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said
Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS
SURETY AND INDEMNITY COMPANY effective as of November 1,2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifYing the Attorney(s)-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and
contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of
any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice
President and attested by its Secretary this 1st day of February, 2005.
O~ ".'1........."
....."...," "i AN D I. I"""
By: ..........~<c,~ ~..............?"o~"''''
~ ~ .....o~p OR., ;:'" ~ '\
David H. Rhodes, Executive Vice-President i~ /v ~\~;
By AJw- ~ ~Qd OCt ~-<:
:: ~ ~ 10 : (") E
- . '0.
\~\ 1936 /~!
\~""".". lOW'" .......~bl
...,#: ~Q' .............. ~.....:>
'.I""" * "...............
Walter A. Crowell, Secretary ,,,,,......,,,,
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On February 1,2005, before me, Nita G. Hiffineyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal ( . I ~;:a'';~~'l
~d~
i COMM.'1~1
NOTARY P\JBUC CAUFORNIA
Signature . . ORANGE COUNTY 2
~ ~ ~ . ~ ~~~:~~.:o:~,
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certifY that the foregoing
Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors of
said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 1 7 t h day of April 2006
By0 ~~
10-1438 (DSI) (Rev. 2/05)
STATE OF COLORADO
DEPARTMENT OF TRANSPORT AnON ~
Contracts and Market Analysis Branch
4201 East Arkansas Avenue, 4th Aoor
Denver, Colorado 60222
Telephone: (303) 757-9736
Facsimile: (303) 757-9868
April 11, 2006
NOTIFICATION OF PREOUALIFICATION
Patriot Highway Striping & Pavement Markings, LLP
1091CR 306
Parachute, CO 81635- Vendor ID: 034A
---~~-.~ -- ------~--j _.- ---------,~
Reference is made to your application for registration as a qualified bidder on Colorado Highway work,
dated March 29,2006. Your me has been reviewed and determined to be complete. Based on the fmaneial
information and experience contained in your application, your finn is allowed to submit bids up to
$500,000. Your fums Vendor ID is indicated above and must be shown on your bid proposal.
Bids from a general contractor win be received subject to any limitation stated above, and with due
consideration to the amount of work presently under contract, past performance on highway contracts, and
the contractor's fmancial status at the time of bidding. It is further understood that the bidder has available
the organization and equipment adequate for any project on which a bid is submitted; that the contractor's
organization and equipment will be available to undertake the work on which bids are currently made,
promptly after award of contract; and that the work will be carried on expeditiously and under proper
supervision.
This notice supersedes all previous notices. This prequalification will expire on April 30, 2007. You must
file a new application 10 days prior that time to remain current. It is the contractor's sole responsibility to
obtain and file the necessary fonns each year prior to expiration. Forms are available on the Internet at
http://www.dot.state.co.uslBiddinglBidFonns.htm. If you need fonns sent to you, they may be requested
at 303-757-9354.
REO;ro
FILE COPY: (K. Gonzales)
f '..,., '''''y ;).:4! 'f ~'
4- .(....00; 7;.7AM;[-'(jM~
"'....
k Horne Lo.n & bvest8lent CIl.
P. O. Box 1-00
10$ N. 4'" Sf.
Grand Junction, CO 81502
Phone: (970) 243-6600
HOME LOAN F*x: (970)143-3914
.
INVESTMENT
Com,,"y
& ... MlteIJ "....
4/6/2006
Patriot HiShway MArkings, LLP
1091 County Read 306
Pamchutet CO 81635
RoE; General Liability PoliQy
To WOOm It May Conoern;
Our om(:~ currently writes the auto insunmce for the above captioniX! client. In additioJ4
we haw provided him with quotes for general liability covera~t:, At this. time, Mr.
Holgate is maintaining his gencralliability coverage through another agent but we expect
to write that insuraoce coveraie tOr lilin when his CUll~nt policy expoo.
Should )'Ou have 8IlY questions regarding t.h.is mauer, pleas~ co cot hesitate to contact OUt'
ofl:i(:e at (910) 243-6600. WIl appreeiat,(.; your assistanCe in this nwter,
Sirtoe~ly,
( \ l
(~ ~
SMri Miller
Account R.eprcacntati w
.. .~L .1 . JJ. 11 n -
HOIi1f u(J!t & Imlttl"",u <..ompll't)' 205 N. 4.Jt St, PO 1Jr/,~' 100 CrrmdJu/frliul, CO 81 )O2..{)100
PJ~JIf: (P70) 24J..G600 Fax: (970) 24J..}9'14
;:-ro,,1' Nil..;:ki Vog7 ,~t (3!en'Nood !n9...iranceA,gency F:.1>.rD: G;e'1Nccd :rSl:r3"1Ce ,'\ -c: S':.car "'?! Date: 4";312006 08:22 Af\,1 Page: 1 of 4
A CORD_ CERTIFICATE OF LIABiliTY INSURtNCE PA&~1D_5 DAT~:;~~~~
PRODllCER -~-~ CE~'TIFICATE IS ISSUED AS A MATTER OF INFORMATION
: ONl ( Aim Cor~FERS NO RIGHTS UPON THE CERTIFICATE
IGIA GToup/Glem1"ood Ins Agency !,' HOL J[' T.;IS CERTIFICATE DOES NOT )I,MEND" EXTEND OR
Ii' 0 Box 1270 ;_ Al T:.: >-IE C<:lVERAGE AFFORDED BY THE POLICIES BELOW.
Glenwood springs co 81602-1270
LP_~.<:~_,=-:_~70_-3_45-:1~~ ~~~_:-=2~::~-60~2__ ~d;F(;RDlNG COVERAGE NAte if.
II"SURED Nautilus Insurance
Uatriot.H~qhW?Y striping and
Pavement Mark1nqs
10~1 County Road 306
Parachu~e CO 81635
COVERAGES
I
poucv NU!.18E.f~ .-
00000
r, )5/03/06 000
1000
1000000
2000000
000000
I
CERTIFiCATE HOLDER CANCELLATION
I ItAGLECO SHOLLD ANY OF THE .ABOVE DESCRiBED POLICiES BE CANCELLED BEFORE frlE. EXPIRATION
DtTE Tl-lERSO~, Tl-'E :SStJl~.JG INSURt;R WilL 2NDE<,\'/OR T'J MAIL 10 OAYS -jl/;:.'t:TTEN
l NOTICE fa fHE CERTIFiCATE H:)LOER NAJ.CCl T:J THE LEFT, BUT FAILURE "0 DO SO SHALL
Eagle county iMPOSE NO ce.JGATION C~, U~81L1-Y OF AW "rID UFDN -HE INS"JRER ITS ~GEr;-S OR
P,O. Box 250
Eagle CO 81631-0660
ACORD 25 (2001/03) @ACORDCORPORATION 1988
4- 7-,Of,; ;;47.i'}A;HOiiliEl...O;,:,,:.i ,~,70 24,j ,~-9;4 1f _, 7
ACORDM CERTIFICi" . EO'F LIABILITY INSURAi.."E -"'--, ~~~;~;;)
AACII:lUcr:R (970)243-6600 FA)({970)U3--3914 ----- 'THIS CERTIFICATE IS ISSUEO ASA MATTER OF INFORMATION
H L ... I t t C ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
orne oan '" nves met1 ompany HOLDER. THIS CERTIFICATE Does NOT AMEND, EXTEND OR
20$ North 4th Street ALTER THE COVERAGE AFFORDED BY n!l: POL.ICIES BELOW,
P. o. Sox 100 j .--- I~
Grand Junction. CO 81502-0100 INSURERS AFFORDING COVERAGE I NAIC 11
INSURED Patriot Highway Mar"k'{ngs,---O:P------ INillRERA~ 5aflilcoInsul"ance Companies lii740~-
--.-----..---- I
1091 County Road l06 INSUltER e, I
Parachute, CO 81635 INSURL:RC ._~- --+--.-
~NSURSR 0: -;--------
I
tN..~Uf1ER ,.---
COVERAGES ____. .
THE POLICIES (;,)F INSURANCE L1STEO BELOW HAVE BEEN ISSLED TO THE INSuRED NAMED ABOVE" FOR "'HE POLICY PERlOO INDICA rED. NOTWI'I'HSTANC:1NI
ANY REQUIREMENT, TERM OR COMOITION OF M.l'( CONrRACr OR OTHER DOCUMENT WITH ~ESPr=CT TO WHICH rHIS CERTIFICATE MAY BE IssueD OR
MAY PERTAIN, "'.IE INSURANCE AFFORDED BY THE POLICIES DESCR'BED HEFtEI'" IS SUBJECT TO ALL THE TERMS, exCLUSIONS AND CONDITIONS OF SUCH
POUC1E:S AGGREGATE LiMJTS SHOWN MAY HAve BeEN /".!