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HomeMy WebLinkAboutC02-147 United Rentals Highway TechologiesCDz-I q-7 S AGREEMENT �./ THIS AGREEMENT is dated as of the0day of in the year 2002 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and United Rentals Highway Technologies, 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: Approximately 84.12 miles of centerline marking with approximately 2,539.04S.F. of words, symbols, crosswalks and stop lines 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. ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before September 30, 2002, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before September 30, 2002. **We Agreement Page 1 �%� 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 Ninety dollars ($490.00) 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 Unit Unit Price Amount 1. Pavement Marking Paint 2705t Gal. $17.00 $45,985.00 With Beads (Yellow) 2. Pavement Marking Paint 125t Gal. $17.00 $ 2,125.00 With Beads (White, edge lines and turn lanes) 3. Pavement Marking Paint 2539.04 S.F. $ 2.00 $ 5,078.08 With Beads (White, Words, symbols, crosswalks and stop lines TOTAL $53,188.08 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. 1..,/ Agreement Page 2 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 llv� 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. 14"OV Agreement Page 3 \ft� 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of a 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. 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 47, inclusive). 7.7 Specifications bearing the title and consisting of 2 divisions and 6 pages, as listed in the table of contents thereof. '''`' Agreement Page 4 7.8 Drawings, consisting of 6 sheets. 7.9 Addenda numbers to , inclusive. 7.10 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages _ to , inclusive). 7.11 Any modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 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 Agreement Page 5 N%.. 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 April 23, 2002. • FRZ Eagle County Board of Michael L. Gallagher, ATTEST Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 R: ( � 1�-.�-� Te c4rJlc�gctSS.-c (CORPORATE SFAL) Address for giving notices: Agreement Page 6 n ENGINEERING DEPARTMENT (970)328-3560 FAX (970) 328-8789 TDD (970) 328-8797 EAGLE COUNTY, COLORADO NOTICE OF AWARD April 23, 2002 United Rentals Highway Technologies, Inc. 1908 Main Street Billings, MT 59105 Re: 2002 Centerline Marking Project -1 4-7-570 EAGLE COUNTY BUILDING P.O. Box 850 550 Broadway Eagle, Colorado 81631-0850 Please be notified that on April 23, 2002, the Eagle County Board of County Commissioners awarded the above referenced project to United Rentals Highway — Technologies, Inc. in the amount of $53,188.08. 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. LE COUNTY BOARD OF COUNTY COMMISSIONERS L. Gallagher, cc: Brad Higgins, Road & Bridge Director Helen Migchelbrink, County Engineer OM ENGINEERING DEPARTMENT (970) 328-3560 FAX (970) 328-8789 TDD (970) 328-8797 `s EAGLE COUNTY BUILDING P.O. Box 850 550 Broadway Eagle, Colorado 81631-0850 EAGLE COUNTY, COLORADO INVITATION TO BID 2002 CENTERLINE MARKING PROJECT Eagle County will receive sealed bids for the 2002 Centerline Marking Project until 2:00pm, March 27, 2002 in the office of the Eagle County Engineering Department, 500 Broadway, Eagle, Colorado 81631 at which time bids will be opened and read aloud. Bidding documents may be obtained at the Eagle County Engineering Department. Each bid shall be accompanied by Bid Security in accordance with the Instructions to Bidders. 05/06/02 12:11 FAX 3426351 U1411'bV tbMiALa W_. VV&f vv#j C ERTIFICA� OF LIABILITY INSURA E °05/06/200 ) ,, Serial # A32103 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AON RISK SERVICES, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR �10 UNITED RENTALS, INC., RISK MANAGEMENT DEPT. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. s,%wW.0. BOX 4366 INSURERS AFFORDING COVERAGE MODESTO, CA 95352-4366 INSURED INSURER A: U.S. FIDELITY & GUARANTY INS. CO. UNITED RENTALS HIGHWAY TECHNOLOGIES wSURER8: FIDELITY & GUARANTY INSURANCE COMPANY UNITED RENTALS, INC. INSURERC: FIVE GREENWICH OFFICE PARK INSURER D: GREENWICH, CT 06830 INSURER E: COVERAGES BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POUCIES OF INSURANCE LISTED BELOW HAVE OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REOUIREMENT, TERM BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNSA TYPE OFlNSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRA ON LIAIIITS EACH OCCURRENCE S 1,000,000 A GENERAL. LIABILITY X COMMERCIAL GENERALLIABIL17Y DIRE 2256204 1/l/2000 1/1/2003 FIRE DAMAGE (AAY we are) s 1,000,000 MED EXP (Any aria Pei+) S CLAIMS MADE FT OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 11000,000 PRODUCTS - COMPIOP AGG S 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FRI PRa LOC AUTOMOBILE LUMUTY DRE 2256201 1 /l/2000 1/1/2003 COMBINED SINGLE LIMIr (EEk acelftnt) S 1.000.000 A X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) S SCWEDULED AUTOS HIRED AUTOS BODILY INJURY 3 (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE S (Per acaidaat) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGO EACH OCCURRENCE 3 2.000.000 Ex 'ESS LIABILITY DIRE 2256200 1/l/2000 l/1/2003 AGGREGATE s 2,000,000 A X OCCUR ❑ CLAIMS MADE 3 DEDUCTIBLE y�I 0 STATU• 0TH- X 1Y2RY LIMITS ER 3 X RETENTION S 1,000,000 OQQ3WOQOaA COVERED STATES: AL, AR, AZ. 01/01/2003 B WORKERS COMPE NSATtON AND EMPLOYERS' LIABILITY CO. Cr. DC. DE GA. IA. ID. IL, IN, KS, KY, MA. MO.01/01/2002 ME. MI. MN. MO. MS, MT. NC, NE. NH. NM. NY. E.L. EACH ACCIDENT S 1,000.000 E.L. DISEASE - EA EMPLOYEE S 1.000,000 OK. PA. RI.50, TN, VT. VA. VT. E.L DISEASE - POLICY LIMIT 3 11000,000 OTMER DESCRIPTION OF OPERATIONSA-OCATIONSIVEMCLESIEKCUiSIONS ADDED BY ENDORSEtIMENTISPECIAL PROVISIONS RE: 2002 CENTERLINE MARKING PROJECT. CATE EAGLE COUNTY P.O. BOX 850 EAGLE, CO 81631 LETT SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING rNSUREBR WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL IMPOSE NO ODUGATION OR LIABILITY OF ANY KEN° UPON THE INSURE49. ITS AGENTS OR AUTHORIZED ACORD 25� (7/97) O ACORD CORPORATION 1988 C:IFMPROkURI CERTIFICATES. FPS ` I SUBC ONTRACT PERFOIiANCE BOND Bond No. 929251476 aKNOWALL BY THESE PRESENTS, That we, United Rentals Highway Technologies, Inc. (Here iaamt'dw name and address, a tegal title, of the Subcontractor) As principal, herein called principal, and The Continental Insurance C mpany Of the State of NH , as Surety, herein called Surety, are held and firmly bound unto Board of County Commissioners -Eagle County. Colorado (Hat inaM tt►e name and address, or Rous'and tie, of tM Owaat Contractor) as Obligee, herein called Obligee, in the amount of Fifty Three One Hundred Eighty Eight Dollars and 08/100 _ Dollars ($ 53.188.0$ ^ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHBREAS;. Principal has by written agreement dated entered into a subcontract with Obligee for Approximately 84.12 Miles of Centerline Marking With Approximately 2,539.04S.F of Words, Symbols, Crosswalks And Stop Lines which subcontract is by reference made a part hereof, and is referred to as subcontract. NOW, TI REFORE, THE CONDITION OF THIS OBUGIATION, is such that, if the Principal shall promptly and faithfully perform said subcontract, then this obligation shall be null and void; otherwise to remain in full force and effect. The Surety hereby waives notice of any modification or amendment to the Subcontract made in accordance with the terms thereof, and any alteration or extension of time made by or through the Gieneral Contractor. Whenever Principal shall be, and be declared by Obligee tD be in default under the subcontract, the Obligee having performed Obligee's obligations thereunder. (1) Surety may promptly remedy the default subject to the provisions of paragraph 3 therein, or, (2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee, may arrange for the performance of Principal's obligation under the subcontract subject to the provisions of paragraph 3 therein; (3) The balance of the subcontract price, as defined below, shall be credited against the reasonable cost of completing performance of the subcontract. If completed by the Obligee, and the reasonable cost exceeds the balance of the subcontract price, the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. -If the Surety arranges completion or remedies the default, that portion of the balance of the subcontract price as may be required to complete the subcontract or remedy the default and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the subcontract. The term "balance of the subcontract price," as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the subcontract and any amendments thereto, less the amounts heretofore properly paid by Obligee under the subcontract. Any suit under this bond must be instituted before the expiration of two years from date of which final payment under the subcontract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or. successors of the Obligee. Signed and sealed this 9 day of May 2002 , In the presence of : Uni d R �w�'�Jbgies, Inc. -(Seal) B�z i'principal The Continental Insurance Company (Seal) Surety By: Wellington So Attorney -in -Fact I CALIFORNIA ALL -PURSE ACKNOWLEDGMENT State of California County of San Francisco Antoinette .D. Mitchell On MAY-0 9 2002 before me, GATE personally appeared 111YJtLL �� 1 �� p y pp NAME(S) OF SIGNER(s) personally known to me - OR - [Q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed ANTOINErTED.MITCHELL f the same in his/her/their authorized m NOTARYPUBUC CAUFORNIA N cap city(ies), and that by his/her/their u . , C^�oa �ma BikesDco,,c{,oUNTY r10,2003 Iv signature(s) on the instrument the person(s), ALIfOR� � ��il11�1� Bikes IJ�iBJ11UCf �O� GW�7�S• lIL�..... or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ckAALX� G Z�Oel: SIGNATURE OF IMMY OPTIONAL Though the data below Is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLES) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THE SURETY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE M ,NMRV� SUBCONTRACT PAYMENT BOND Bond No. 929251476 Premium Included In Performance Bond KNOW ALL BY Ui&'PRESENTS, That we, United Rentals Highway Technologies, Inc. (Hoe insert me name and addmm or legal atte, of tba Subowbamr) - as Principal, herein called principal, and The Continental Insurance Company a corporation of the State of NH , as Surety, therein called Surety, are held and firmly bond unto B� w of Countv�omoaIssioeets-Eaole County. Colorado (Hera insert ttre name and address. or legal dde. of the Owaal Camt:acW) as Obligee, haein'.callod Obligee, for the use and benefit of claimants as herein defined, in the amount of - Fifty Three Thousand One Hundred Eighty Eight Dollars and 08/100 Dollars ($ 53,188.08 ), 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 entered into a subcontract with Obligee for Approximately 84.12 Miles of Centerline Marking With Approximately 2,539.04S.F of Words, Symbols, Crosswalks And nes Which .subcontract is by reference made a part hereof, and is referred to as subcontract. NOW, THEREFORE, THB CONDITION OF THIS OBLIGAMON IS SUCH, That, if the Principal shall promptly make payment to all Claimants as herein defined, for all labor and material used or reasonably required for use in the perfonaQance of the Subcontract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as one having a direct contract with the Principal for labor,. material, or both, used or reasonably requited for use in the performance of the contract 2. The above -named Principal and Surety hereby jointly and severally agree with the Obligee 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 in the Claimant's own name for such sums astray be justly due Claimant. 3. No -suit or action shall be commedced hereunder by any Claimant: (a) Unless Claimant shall have given written notice to any two of the following: The Principal, the Obligee, 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. (b) After the expiration of one (1) year following the date on, which Principal ceased'work on said Subcontract. (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 situated, 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. Signed and'sealed this . � 9 day of May 9 2002 United tals,High Te olog' , Inc. (Sea1) Principal y The Continental Insurance Company (Sea]) By: wd&g�� eSo Wellington So Attorney -in -Fact CALIFORNIA ALL-PUr ISE ACKNOWLEDGMENT � State of California County of San Francisco M Antolnette.D. Mitchell On AY 4 9 2UUZ before me, DATE NAME. �r� � MW80 ersonall a P Y eared PP NAMES)OFSIGNERS) ' 0% personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)' whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed ANTOINETTED.MITCHELL the same in his/her/their authorized N01-'z4 coM�l. # 12asa.27 � .NOTARY PUBLIC-CAUFORNIA �,capactty(Ies), and that by his/her/their vSAN FRANCISCOCOUNTY si nature s6.WComm.E)#esDa*mber�g (), on the instrument the persons),„. ._ •r the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 6� SIGNATUR T Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) Tm.E(s) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THE SURETY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY APPOINTING INDIVIDUAL P "rTORNEY-IN-FACT Know All Men By These Presents hat The Continental Insurance Company and Firemen's Insurance Company of Newark, New Jersey (herein called "the CIC 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 signatures and seals herein affixed hereby make, constitute and appoint Tenn J. Moughan, Jack M. Woodruff, Cynthia L. Lewis, Susan Hecker, Thomas J. Gallagher, Janet C. Rojo, Swan Lee, Susan Of San Francisco, Callfomia 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 r • --- 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 Is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as Indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 7th day of August, 2001. ;0 g; The Continental Insurance Company n's . r Firemen's Insurance Company of Newark, New Jersey Michael Gengler Group Vice President Mate of Illinois, County of Cook, ss: On this 7th day of August, 2001. before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and -say: that he resides In the City of Chicago, State of Illinois; that he is a Group Vice President of The Continental Insurance Company and Firemen's Insurance Company of Newark, New Jersey 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. S "OFFICIAL SEAL' 2 DIANE FAit LKNER i Homo PJAI� stm aWrAl 41 � ' My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Mbikawskis, Assistant Secretary of The Continental Insurance Company and Firemen's Insurance Company of Newark, New Jersey 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 the corporations printed on the revegrse hereof is still In force. -In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 9th day of May , 2002 a,N i �S& b, 0� titO o` The Continental Insurance Company z oo ; Firemen's Insurance Company of Newark, New Jersey n. i 4NO co Mary A. Ribikawskis Assistant Secretary 'Rev. 1/23/01) XIihorizing By -Laws and Resolution'! 1 ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January, 1989: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President, a Senior Vice President or a Vice President of the Company be, and each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named'in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. RESOLVED, that the signatures of such officers and the seal of the Company 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 or facsimile seal shall be valid and binding upon the Company when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached' ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY: This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY by unanimous written consent dated the 13th day of January.1989: 'RESOLVED, that the Chaimn of the Board, the Vice Chairman of the Board, the President, an Executive Vice President, a Senior Vice President or a Vice President of the Company be, and each or any of them hereby Is, authorized to execute Powers of Attorney qualifying the attorney named In the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts -of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. RESOLVED, that the signatures of such officers and the seal of the Company 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 or facsimile seal shall be valid and binding upon the Company when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it Is attached." a. . 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: Specifications Page 1 LN Payment will be made under: 1*00' Pa 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, crosswalks, and stop lines) Glass beads and cleaning with high pressure water blast or air blast shall be included in the cost of the work. SCHEDULE OF STRIPING WATER STREET (Redcliff) 0.50 Miles U.S. Hwy 24 to Town Limit EAGLE-VAIL SUBDIVISION (Eagle -Vail) EAGLE ROAD 0.87 Miles U.S. Hwy 6 to High School Parking Lot STONE CREEK DRIVE 0.04 Miles U.S. Hwy 6 to Deer Boulevard RIVERSIDE ROAD 0.02 Miles U.S. Hwy 6 to Riverside Court EAGLE-VAIL ROAD 0.04 Miles U.S. Hwy 6 to Deer Boulevard HOMESTEAD SUBDIVISION (Edwards) EDWARDS VILLAGE BOULEVARD 1.27 Miles x 2 U.S. Hwy 6 to Edwards Village Boulevard HOMESTEAD DRIVE 1.22 Miles Edwards Village Boulevard to Gold Dust Drive Specifications Page 2 OLD EDWARDS ESTATES SUBDIVISION (Edwards) COUNTY ROAD 0.20 Miles Edwards Spur Road to Old County Lane BEARD CREEK ROAD 1.00 Miles Berry Creek Road to North Beard Creek Road BERRY CREEK ROAD (Edwards) 1.20 Miles Beard Creek Road to Clubhouse LAKE CREEK ROAD (Edwards) 1.81 Miles U.S. Hwy 6 to West Lake Creek Road WEST LAKE CREEK ROAD (Edwards) 1.58 Miles Lake Creek Road to End of Pavement SQUAW CREEK ROAD (Edwards) 3.20 Miles U.S. Hwy 6 to Fenno Drive HILLCREST DRIVE (Edwards) 0.10 Miles U.S. Hwy 6 to Lake Creek Village Drive LAKE CREEK VILLAGE DRIVE (Edwards) 0.80 Miles 1%00/ Hillcrest Drive to Cul-de-sac BELLYACHE RIDGE ROAD (Wolcott) 5.50 Miles 1-70 to Cul-de-sac LANDFILL ROAD (Wolcott) 1.30 Miles State Highway 131 to Landfill Gate FAIRGROUNDS ROAD (Eagle) 1.10 Miles Eagle Town Limits to Ball Field BRUSH CREEK ROAD (Eagle) 9.50 Miles Eagle Town Limits to End of Pavement EBY CREEK ROAD (Eagle) 0.80 Miles 1-70 R.O.W. to Mesa Drive MESA DRIVE (Eagle) 0.01 Miles Eby Creek Road to Castle Peak Road UPPER KAIBAB SUBDIVISION (Eagle) 2.00 Miles All Paved Roads 114� Specifications Page 3 N%00/ ELDON WILSON ROAD (Eagle/Gypsum) Cooley Mesa Road to Parking Lot 0.39 Miles AIRPORT ROAD (Eagle/Gypsum) 0.30 Miles U.S. Hwy 6 to End of Pavement GYPSUM CREEK ROAD (Gypsum) 1.5 Miles from U.S. Hwy 6 to End of Pavement COTTONWOOD PASS ROAD (Gypsum) Gypsum Creek Road to Maynes Lane * COLORADO RIVER ROAD (Dotsero) North 1-70 Frontage Road to End of Pavement J.W. DRIVE (El Jebel) U.S. Hwy 82 to El Jebel Road VALLEY ROAD (El Jebel) U.S. Hwy 82 to El Jebel Road * EL JEBEL ROAD (El Jebel) U.S. Hwy 82 to Upper Cattle Creek Road UPPER CATTLE CREEK ROAD (El Jebel) El Jebel Road to End of Pavement FENDER LANE (El Jebel) Upper Cattle Creek Road to County Line * FRYING PAN ROAD (Basalt) Basalt Town Limits to County Line TOTAL 3.00 Miles 1.60 Miles .. l llltlm 1.20 Miles 1.30 Miles 0.60 Miles x 2 2.60 Miles 1.10 Miles 19.50 Miles 84.12 Miles * ROADS WITHOUT AN ASTERISK SHALL BE STRIPED PRIOR TO AUGUST 1, 2002 ROADS MARKED WITH AN ASTERISK SHALL BE STRIPED AFTER AUGUST 1, 2002 DUE TO THEIR BEING SCHEDULED FOR CHIP SEALING OR PAVING IN THE 2002 CONSTRUCTION SEASON. Specifications Page 4 Arrows Upper Cattle Creek Road and J.W. Drive 1 turn, 1 straight 28 S.F. **Edwards Village Boulevard and Highway 6 5 turn, 2 straight 102.5 S.F. x2 Eagle Road and Highway 6 4 turn 62 S.F. **El Jebel Road at Highway 82 Includes Valley Road at Highway 82) 2 combination 16 turn 5 straight 55.00 S.F. 248.0 S.F. 62.5 S.F. all x2 School Markings - Edwards Elementary School Crosswalks 5 with 5 1'x8' bars each 200 S.F. "School" Markings 3 99 S.F. Golf Cart Crossings Berry Creek 3 with 5 2'x8' bars each 240 S.F. Trail Crossings Edwards Village Blvd near Edwards Village Center 5 1'x8' bars 40 S.F. Lake Creek Road 7 2'x8' bars 112 S.F. Edwards Village Center 7 2'x8' bars 112 S.F. Berry Creek Stop Bar 5 2'x8' bars 811x12' 80 S.F. 8.04 S.F. Riverwalk entry from 1-70 to Spur Road 7 2'x8' Bars 112 S.F. Speed Hump Markings Old Edwards Estates - Chevron Markings 3 @ 85 S.F. each 255 S.F. Homestead - Chevron Markings 2 @ 85 S.F. each 170 S.F. Edwards Village Blvd 1 @ 85 S.F. each 85 S.F. Total 29539.04 S.F. CONTINUED ON NEXT PAGE Specifications Page 5 m 14.,E Trail Centerline - 6" wide Yellow On Curve near Riverwalk next to 1-70 Spur Road 25t L.F. TOTAL 25t L.F. Single Line Markings - Edge & Lane Delineation - White Upper Cattle Creek Road 10,600t L.F. **Edwards Village Boulevard 11500t L.F. x 2 Eagle Road 170t L.F. Homestead Drive 1,440± L.F. Eldon Wilson Road 11325f L.F. El Jebel Road at Highway 82 including Valley Road at Highway 82 1,250t L.F. x 2 TOTAL 19,035 L.F. Specifications Page 6 NORTH U.S. z HIGHWAY No Y .6 w pv U � Y ,� �► Rp V TF // Q J w O U) O,Q c;rosswalk Ming VD Figure 3 4C of MUTCD 8� H W AR° . oM�S r� p pR. o CASSIDY PL. GP5 C,�O Q Q`'P NOMEsregD roo o � N� R° HOMEST AD F � sp CRC Ek CT LEGEND u SPEED BUMP CROSS WALK & TRAIL CROSSINGS ' S' "SCHOOL" Cpl/�TY Roq O r c� CNARotAIS C cy `J LEGEND STOP BAR S� v � SPEED BUMP TRAIL CROSSING STAGECOACH 3 t