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HomeMy WebLinkAboutC99-107 Waring Lites & EquipmentAGREEMENT THIS AGREEMENT is dated as of thQAay of , in the year 1999 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Warning Lites & Equipment, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 - WORK N"Woo CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Approximately 79.54 miles of pavement striping and various traffic markings. 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. I%"Pl Agreement Page 1 lv■d 14001/ ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before September 30, 1999, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before September 30, 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 Two Hundred Seventy dollars ($270.00) 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. Pavement Marking Paint 2505 Gal. $ 13.25 $33,191.25 with Beads (Yellow) 2. Pavement Marking Paint with Beads (White) TOTAL 85 Gal. $ 13.25 $ 1,126.25 $341317.50 `� Agreement Page 2 ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payments as recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 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. Agreement Page 3 14801/ \ftv� � 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. ``r' Agreement Page 4 N%WFV 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 3 divisions and 12 pages, as listed in the table of contents thereof. 7.8 Drawings, consisting of 3 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. 1%00' 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. 1"01 Agreement Page 5 ,%wool 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 , 1999. OWNER: Eagle County Board of CONTRACTOR: N1,4rresq- Muir 14c. County Commissioners BY: " i 4 yo _ _ Phillips,! (CORPORATE Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Agreement Address for giving notices: l0 &Z tA-) . 42 W j Al t a a Page 6 ACORD� CERTIFICATE OF LIABILITY INSURANC�PID w7 oATE(MMIDonrY) WARLI01 05/07/99 PRODUCER THIS CERTIFICAT SUED AS A MATTER OF INFORMATION ONLY AND CONFE.�'O RIGHTS UPON THE CERTIFICATE Lockton Companies of Colorado 4500 Cherry Creek Dr. S . , #400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver CO 80246-1532 COMPANIES AFFORDING COVERAGE Ph31'ie No. 3 0 3- 7 5 3- 2 0 0 0 Fax No. 3 0 3- 7 53 - 2 0 9 9 COMPANY A TRANSCONTINENTAL INS. CO. INSURED COMPANY B VALLEY FORGE INSURANCE CO. COMPANY C NATIONAL UNION FIRE INS CO PA Warning Lites & Equipment, Inc COMPANY D Colorado Compensation Ins. 632 W. Gunnison Ml Grand Junction, CO 81505 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 I 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 PRODUCTS - COMP/OP AGG $2, 0 0 0, 0 0 0 A X COMMERCIAL GENERAL LIABILITY CB P 10 7 6 717 2 9 3 12/31/98 0 1 / 01 / 0 0 PERSONAL & ADV INJURY $1, 0 0 0 , 0 0 0 CLAIMS MADE FX] OCCUR EACH OCCURRENCE $1, 0 0 0, 0 0 0 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 51000 B AUTOMOBILE LIABILITY X ANY AUTO BUA1076717309 12/31/98 01/01/00 COMBINED SINGLE LIMIT $ 11000,000 BODILY INJURY (Per person) . S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY., ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $1, 0 0 0, 0 0 0 AGGREGATE $ 1, 000, 000 C X UMBRELLA FORM 7011326 12/31/98 01/01/00 S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TO STAMIT OTH• RY LIMITS ER :' EL EACH ACCIDENT S ]- 0 0, 0 0 0 D THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL I AP P# 9 0 2 2 9 7 9 01 / 01 / 9 9 01 / 01 / 0 0 EL DISEASE - POLICY LIMIT S500,000 EL DISEASE - EA EMPLOYEE S 10 0 , 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: Eagle County 1999 Centerline Marking Project/Certificate holder is added as a Additional Insured as their interest may appear in the referenced project. CERTIFICATE HOLDER CANCELLATION EAGCO01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ,%WV Eagle County 500 Broadway Eagle CO 81631 ACORD 25-S (1/95) BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIfED REPRESENTATIVE >I 40C PORATION 1988 Executed in Four Originals Bond No. U166 11 74 UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA 14. PERFORMANCE BOND The American Institute of Architects, AIA Document A311, February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Warning Lites & Equipment, Inc. 632 W. Gunnison Grand Junction, CO 81505 as Principal, hereinafter called Contractor, and UNITED PACIFIC INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania, with its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Eagle County 500 Broadway Eagle, CO 81631 as Obligee, hereinafter called Owner, in the amount of Thirty Four Thousand Three Hundred Seventeen and 50/100 Dollars (s 34, 317.50 ) ; for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated //) L�i �.Z/ 1977 , entered into a contract with Owner for 1999 Centerline Marking Project in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) Eagle County Engineer which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a de- fault or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein dr the heirs, executors, administrators or successors of Owner. Signed and sealed this `7 day of \\4 -. �; ( r-1n nq\ice Warning Lites & Equipment, Inc. (Seal) (Principa- ���: (title)- ,--�TNITED PACU I N URANCE Coo, PA114 - - -- ` (Witness) PerformQceBod 1Revisedary, 1970 SB 5715ax (1) Printed in U.S.A. BDU-2304 6/93 Sue W,o?d, Attorney— (Tille)in—Fact Executed in Four Originals Bond No. U166 11 74 l"' UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AIA Document A311, February 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Warning Lites & Equipment, In.� 632 W. Gunnison = Grand Junction, CO 81505 as Principal, hereinafter called Principal, and, UNITED PACIFIC INSURANCE COMPANY, a Corporation of the Commonwealth of Pennsylvania, with its Home Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Eagle County 500 Broadway Eagle, CO 81631 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Thirty ,ur Thousand Three Hundred Seventeen and 50/100 for the payment whereof Principal and Surety bind themselves, their heirs, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated Owner for 1999 -- --- Dollars ($34,317.5Q_-. "` )►- executors, administrators, successors and assigns, :.� Y 19 g9 , entered into A contract witli . " ' - Centerline Marking Project in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) Eagle County Engineer which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to in- clude that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein ..Mined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is 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, in- clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of att 19-{r(.��yy��- Warning Lites 6 Equipment;, 3n6. (Se,ai) (Princ'ipaq^_ (Witness) \- By o -��JJJ111 (Title) UNITED PACIFIC INSURANCE COMPANY. By (Witness) Sue Wood - Attorney -in -fact WIMP LOCKOM LOCKrON COMPANIES Past Office Box 469000 / Denver, CO 80246.9000 (303) 753.2000/Fax: (303)753.2099 Labor and Material Payment Bond Revised to February, 1970 SS 5715ax (2) Printed in U.S.A. BDU-2304A 7/93 RELIANCE SURETY COMPANY .�. .w-dELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Debbie Poppe, William M. O'Connell, Jr., Sarah Finn, Sue Wood, Brad C. Gibson, Kimberly D. Johnson, Shelley Czajkowski, of Denver, Colorado their true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in-fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF 1. The Board of Directors, to President, tbe Chairman of the Board, nay gems Vice Presi4m, any Via President ar Assistant Vim President or other officer designated by de Board of Direetas shall have Power aM audmiry to (a) appoint Aamamcy(s)-in-Face anal to authorize them to emem, on behalf of the Company, bonds and uMmakings. recogeieasm, contacts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Amamy(s)-in-Fact at any time and revoke de, power and authority given to donna. 2. Amsmey(s)-m-Fact shall have power and autharity, subject to the terms aM limimios, of the Power of Ammney brand to them, to uecute and deliver on behalf of the Company, bonds and undertakings, recognimaca, contacts of indemnity and other writing} obligatory in the nature thereof. The carporam seal is not necessary fa the validity of any bands aod undertakings reco,ttizaw, commas of indemnity and m tar writings obligatory in the damn thereof. 3. Attorah h)-in-Fact shall have power and authority to emetm, affidavits raquucd to be attached to hoods, re ogniaanar, contracts of minority or other cooditional or obligatory undertakings and they shall also have power and authority to certify the fiw,cial testament of the Company and m copies of the By -Laws of the Company m any article or section thereof. This Power of Atmrmy h signed am sealed by facsimile under and by authority of tln following resolution adopted by the Executive and Finame Committees of the Bo.Ns of Directors of Relimm Immance Company, United Pacific Uuumnce Company and Reliance National Indemnity Company by Unanimom Co.. deed . of Febmery 29, 19% aod by We Executive and Financial Commit. of the Board of Directors of Rcliamen Surety Company by Unanimous Consent dated as of March 31, 1994. 'ItsmWed don the milmnucs of such directors and officers and the seal of the Company may he armed many such Power of Atta.y or any .nife,ates relating theret. by facsimile, arm any such Power of Amr.y it certificate bearing such fmaimile signatures or famimilc sml shall be valid and binding upon the Company and any such Power so catenated and catifed by facimile signtmres scot facsimile s.1 shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached.' \/ IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this June 9, 1998. RELIANCE SURETY COMPANY nPr,. rauW NPuxDF RELIANCE INSURANCE COMPANY ieop4O't+re,;�� a` oppOq"rcmo °°opP0a4�a UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY y41989Z o s ^<iw� �wc' �1,,bbnvaN,* 3b R Nct4 � I STATE OF Washington } �� W �y " _ COUNTY OF King )ss. On this, June 9, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of Via Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. Notary Public in and for the State of Washington Residing at Puyallup 1, Robyn Layng, Assistant Secretary of RELIANCE SURPIIIII11CANWNY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. / IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thisr��day of / YL year ofjw 029EAL_ �T, PgaNbRYTN� y8b R P` Assistant Secretary Engineering Department (970)328-8760 FAX (970) 328-7185 TDD (970) 328-8797 EAGLE COUNTY. COLORADO NOTICE OF AWARD April 19, 1999 Warning Lites & Equipment, Inc. 632 W. Gunnison Grand Junction, CO 81505 Re: Eagle County 1999 Centerline Marking Project Eagle County Building P.O. Box 850 500 Broadway Eagle, Colorado 8 163 1-0850 Please be notified that on April 19, 1999 the Eagle County Board of County Commissioners awarded the above referenced project to Warning Lites & Equipment, Inc. in the amount of $34,317.50. 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 ohnnette Phillips, cc: James R. Fritze, County Attorney George Roussos, County Engineer Brad Higgins, Road & Bridge Director airman 1=--2 BUTION nnls —to. - Contractook ,5-_ci J- es to.