HomeMy WebLinkAboutresolution.council.023-08RESOLUTION # Z~
(Series of 200s~
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ASPEN PLUMBING & HEATING COMPANY,
INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING
BOILER REPLACEMENT IN MAROLT RANCH HOUSING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Aspen Plumbing & Heating Company
Inc., a copy of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Aspen Plumbing & Heating Company
Inc. regarding boiler replacement in Marolt Ranch Housing, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
~ ~ S 7~ag
Dated:
„ ~-
~d~
Michael C. Irel~lnd, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held March 24, 2008
K n S. och, City Clerk
.~ -
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract for Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract for
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract for Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this
Contract for Construction, the prevailing party shall be entitled to its costs and
reasonable attorney's fees.
13. This Contract for Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract for Construction.
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract for Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract for
CCt-971.doc Page 2 "CCt
Construction and that he/she has full and complete authority to enter into this Contract
for Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
CITY
EN, COLORADO
RECOMMENDED O (APPROVAL:
' ~ EDepartment
ASS~,r
ATTESTED BY:
Title:
APPROVED AS TO FORM:
By: ~d~l~Cl~L~
City-Atfr~~
CONTRACTOR:
Aspen P~.xnrk4inRJ aard atin
By: fO///~°~~~..Y~
Title: ~ a e ~ ~ ~ ~ y~~
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
CC1-971.doc Page 3 "'CC1
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ~0 ,
SS.
COUNTY OF l0.,\\Zk~ \ )
On this ~2_ day of t ~b~L\~~;~~\ , 2008, before me appeared
n c ` 1
C~~~ `(~ . Jw\`Y-~'1 , to me personally known who,
being by me first duly swo1rn, did say t at s/~ is _I ~tC4;~ ~_I~! of
~~ ~~~ \uw~'•;;.~~~_, ~. 19e c~'_ i v~c~ ~ ~,~„~ ~ and that the seal affixed
to said instrument is a corpora eal of said corpo ation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
NO T~~
.,.• . ~
"~~ ~0~9 ~ q LCD l.~ t'c(~
q,'•.,, l Notary Public
z ~s v:,a ,~ ~z C~~~.~ ~Is~s
Address ~1~1 ~~,
My commission expires: ~~ j 1- Zo 10
Page 4
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A312
BOND NO. 0004660
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Aspen Plumbing & Heating Company
937 County Road 11
Carbondale, CO 81623
OWNER (Name and Address):
The City of Aspen
130 S. Galena
Aspen, CO 81611
SURETY (Name and Principal Place of Business):
COMPANION PROPERTY AND CASUALTY 1~1SURANCE CO.
1301 HIGHTOWER TRAIL, SUITE 210
ATLANTA, GA 30350
CONSTRUCTION CONTRACT
Date: March 10, 2008
Amount: $127,400.00
Description (Name and Location): Maroit Ranch Boiler Replacement
BOND
Date (Not earlier than Construction Contract Date): April 4, 2008
Amount: $127,400.00
Modifications to this Band: ^ None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Aspen Plumbinfg &~Heating Company
Signature: /~ ~~S
Name and Title:
(Any additional signatures appear on page 3)
® See Page 3
SURETY
Company: (Corporate Seal)
COMPANION PROPERTY AND CASUALTY
INSURANCE COMPANY 1 ,(~~
Signature: ~Or-aL~ ~~1' /~r'~v
Name and Title: DONALD H. GIBBS
ATTORNEY IN-FACT
(FOR INFORMATION ONLY- Name, Address and Telephone:
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, DC 20006 A312-7984 1
THIRD PRINTING • MARCH 1987
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the pertormance of the Construction Contract,
which is incorporated herein by reference.
2 If the Contractor pertorms the Construction Contract, the Surety and
the Contractor shall have no obligation under this Bond, except to
participate in conferences as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this bond
shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below that the
Owner is wnsidertng declaring a Contractor Default and has
requested and attempted to arrange a conference with the
Contractor and the Surety to be held not later than fifteen days
after receipt of such notice to discuss methods of performing the
Construction Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed areason- able time
to perform the Construction Contract, but such an agreement
shall not waive the Owner's right, if any, subsequently to declare
a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract, Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contrail or to a contractor selected to perform the
Construction Contract in accordance with the terms of the
contrail with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions.
4.1 Arrange for the Contractor, with consent of the Owner, to
perform and complete fhe Construction Contract; or
4.2 Undertake to perform and complete the Construction
Contrail itself, through its agents or through independent
contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the owner Tor a contract for
performance and completion of the Construction Contrail,
arrange for a contract to be prepared for execution by the Owner
and the contractor selected with the Owners concurrence, to be
secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 6 in excess of the Balance of
the Contract Price incurred by the Owner resulting from the
Contractors default; or
4.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is
determined, tender payment therefor to the
Owner; ar
.2 Deny liability in whole or in part and notify
the Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in
default of this Bond fifteen days after receipt of an additional
written notice from the Owner to the Surety demanding that the
Surety perform its obligations under this Bond, and the Owner
shall be entitled to enforce any remedy available to the Owner. If
the Surety proceeds as provided in Subparagraph 4.4, and the
Owner refuses the payment tendered or the Surety has denied
liability, in whole or in part, whhout further notice the Owner shall
be entitled to enforce any remedy available to the Owner.
8 After the Owner has terminated the Contractors right to
complete the Construction Contrail, and if the Surety elects to act
under Subparagraph 4.1, 4.2, or 4.3 above, then the
responsibilities of the Surety to the Owner shall not be greater
than those of the Contractor under the Construction Contract,
and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construcion Contract.
To the limit of the amount of this Bond, but subject to
commitment by the Owner of the Balance of the Contract Price to
mitigation or costs and damages on the Construction Contract,
the Surety is obligated without duplication for:
8.1 The responsibilities of the Contractor for correo- lion of
defective work and completion of the Construc- lion
ConUail;
8.2 Additional legal, design professional and delay costs
resulting from the Contractor's Default, and re-suiting from
the actions or failure to act of the Surety under Paragraph
4; and
8.3 Liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual dam- ages
caused by delayed performance or non-perfor- manse of
the Contractor.
7. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall
not be reduced or set off on account of any such unrelated
obligations. No dght of action shall accrue on this Bond to any
person or entity other than the Owner or its heirs, executors,
administrators, or successors.
8. The Surety hereby waives notice of any change, includ- ing
changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be
instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be
instituted within two years after Contractor Default or within two
years after the Contractor ceased working or within two years
after the Surety refuses or fails to perform its obligations under
this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, DC 20006 A312-1964 2
THIRD PRINTING • MARCH 1987
minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
10 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions
wnforming to such statutory or other legal requirement
shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not
as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total
amount payable by the Owner to the Contractor
under the Construction Contract after all proper
adjustments have been made, including allowance
to the Contractor of any amounts received or to be
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
received by the Owner in settlement of insurance or
other claims fog damages to which the Contractor is
entitled, reduced by all valid and proper payments
made to or on behalf of the Contractor under the
Construction Contract.
12.2 Construction Contract: The agreement
between the Owner and the Contractor identified on
the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to wmply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which
has neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract
or to perform and complete or comply with the other
terms thereof.
Notwithstanding any language to the contrary in this bond, the related contract documents or referenced statutes,
increases in the contract amount and/or any increases in the penal sum, herein, shall be limited to 15% of the initial
contract price, both singly and in the aggregate, without the express written consent of surety. And, any refusal by
surety to provide such consent shall not be considered as a default by surety or principal in the bonds or the contract.
Surety's liability under this bond is limited as it pertains to any express or implied warranty provisions to which Principal
is obligated, by contract and/or statute, to a period of two years after subject work is performed.
• See Maintenance Bond attached and incorporated herein by reference.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: ~~L•Yi' A , ~ Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND .DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, DC 20006 A312-1984 3
THIRD PRINTING • MARCH 1987
COMPANION PROPERTY AND CAUSUALTY INSURANCE COMPANY
Surely'sName
MAINTENANCE BOND
Bond No.
0004660
ASPEN PLUMBING & HEATING COMPANY
KNOW ALL MEN BY THESE PRESENT, That we, pdncipei's Name
937 COUNTY ROAD 11 CARBONDALE, CO 81623 ,hereinafter called Principal, and
Pdnclpal's Address -~
COMPANION PROPERTYAND CAUSUALTY INSURANCE COMPANY 1301 HIGHTOWER TRAIL SUITE 210 ,
Surety's Name ~ Surety's Address
hereinafter called Surety, are held and firmly bound unto: THE CITY OF ASPEN ,
Obligee's Name
130 S. GALENA ASPEN, COLORADO 81623 ,hereinafter called Obligee, In
uuuyee s rw~,~~
the full and Just sum of ONE HUNDRED TWENTY SEVEN THOUSAND FOUR HUNDRED "****""""'*"""`*'*"""* Dollars
($ "*127 400'*' ), lawful money of the United States, for the payment of which we bind ourselves, our
heirs, administrators, executors, successors and assigns, Jointly and severally, firmly by these presents.
WHEREAS, said Obligee has entered into a certain agreement with THE ciTV OF ASPEN
Owner's Name
a portion of which requires a TWO year(s) maintenance bond covering workmanship and materials for the
List of Improvements covered, hereinafter called Improvements, at MAROIT RANCH BOILER REPLACEMENT ,
Project Name
which improvements have been or are about
ProJecl Address
to be completed and accepted.
NOW, THEREFORE, if said Improvements shall be free from defects of workmanship and materials, general
wear and sear excepted, for a period of TWO year(s) from the date of acceptance of said improvements,
then this obligation shall be null and void; otherwise to remain in full force and effect.
Signed, sealed and dated this aTH
Witness as to Principal
i ess a Sur y ~~
day of APRIL - 2008
ASPEN PLUMBING & HEATING COMPANY
P "" cipai ma
COMPANION PROPERTY AND CAUSUALTY
INSURANCE COMPANY
Surety's Name
- DONALD H. GIBES ,Attorney in Fact
~' THE AMERICAN INSTITUTE OF ARCHITECTS
BOND NO. 0004660
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Aspen Plumbing & Heating Company
937 County Road 11
Carbondale, CO 81623
OWNER (Name and Address):
The City of Aspen
130 S. Galena
Aspen, CO 81611
CONSTRUCTION CONTRACT
Date: March 10, 2008
Amount: $127,400.00
Description (Name and Location)
SURETY (Name and Principal Place of Business):
COMPANION PROPERTY AND CASUALTY INSURANCE CO.
1301 HIGHTOWER TRAIL, SUITE 210
ATLANTA, GA 30350
Maroit Ranch Boiler Replacement
BOND Date (Not earlier than Construction Contract Date): April 4, 2008
Amount: $127,400.00
Modifications to this Bond: ^ None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Aspen Plumbing~& Heating~C~ompany~~~
Signature: ~"~~%~f'w~s~~~%", `~ 1-~~' S
and Title:
(Any additional signatures appear on page 6)
® See Page 6
SURETY
Company: (Corporate Seal)
COMPANION PROPERTY AND CASUALTY
INSURANCE COMPANY
Signature: ~~ r'd ~^"~ Name
Name and Title DONALD H. GIBBS
ATTORNEY-I N-FACT
(FOR INFORMATION ONLY -Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
or other parry):
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, DC 20006 A372-7984 4
THIRD PRINTING • MARCH 1987
1 The Contractor and the Surety, jointly and severally bind themselves,
their heirs, executors, administrators, successors and assigns to the
Owner to pay for labor, materials and equipment furnished for use in the
performance of the Construction Contract, which is incorporated herein
by reference.
2 With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums
due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from
claims, demands, liens or subs by any person or entity whose
claim, demand, lien or suit is for the payment for labor, materials
or equipment furnished for use in the performance of the
Construction Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits and
tendered defense of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no Owner
Default.
3 With respect to Claimants, this obligation shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums
due.
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, staling that a claim is being made under this Bond
and, with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
Have furnished written notice to the Contractor and sent
a copy, or notice thereof, to the Owner, within 90 days
after having last pertonned labor or last furnished
matedals or equipment included in the claim stating,
with substantial accuracy, the amount of the claim and
the name of the party to whom the materials were
furnished or supplied or for whom the labor was done or
performed; and
2 Have either received a rejection in whole or in part from
the Contractor, or not received within 30 days of
furnishing the above notice any communication from
the Contractor by which the Contractor has indicated
the claim will be paid directly or indirectly; and
B When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the following
actions:
6.1 Send an answer to the Claimant, with a copy to the Owner,
within 45 days after receipt of the claim, stating the amounts that
are undisputed and the basis for challenging any amounts that
are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this
Bond, and the amount of this Bond shall be credited for any payments
made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction
Contrail shall be used for the performance of the Construction Contract
and to satisfy claims, if any, under any Construction Performance Bond.
By the Contractor furnishing and the Owner accepting this Bond, they
agree that all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to satisfy obligations of the
Contractor and the Surety under this Bond, subject to the Owner's
priority to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
Contract. The Owner shall not be liable for payment of any costs or
expenses of any Claimant under this Bond, and shall have under this
Bond no obligations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Band.
10 The Surety hereby waives notice of any change, including changes
of time, to the Construction Contract or to related subcontracts,
purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent judsdiction in the location in which
the work or part of the work is located or after the expiration of one year
from the date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or
service was performed by anyone or the last materials or equipment
were furnished by anyone under the Construction Contract, whichever
of (1) or (2) first occurs. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however acwmplished,
shall be sufficient compliance as of the date received at the address
shown on the signature page.
.3 Not having been paid within the above 30 days, have 13 When this Bond has been furnished to comply with a statutory or
sent a written notice to Surely (at the address described other legal requirement in the location where the construction was to be
in Paragraph 12) and sent a copy, or notice thereof, to performed, any provision in this Bond conflicting with said statutory or
the Owner, stating that a claim is being made under this legal requirement shall be deemed deleted herefrom and provisions
Bond and enclosing a copy of the previous written conforming to such statutory or other legal requirement shall be
notice furnished to the Contractor. deemed incorporated herein. The intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
5 If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, DC 20008 A312-1984 5
THIRD PRINTING • MARCH 1987
14 Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy
of this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Contractor or with a subcontractor of the Contractor to
furnish labor, materials or equipment for use in the
performance of the Contract. The intent of this Bond shalt be
to include without limitation in the terms "labor, materials or
equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the
Construction Contract, architectural and engineering services
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
required for performance of the work of the Contractor and the
Contractor's subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment. were furnished.
15.2 Construction Contract: The agreement between the
Owner and the Contractor identifed on the signature page,
including all Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither
been remedied nor waived, to pay the Contractor as required
by the Construction Contract or to perform and wmplete or
comply with the other terms thereof.
Notwithstanding any language to the contrary in this bond, the related contract documents or referenced statutes,
increases in the contract amount and/or any increases in the penal sum, herein, shall be limited to 15% of the initial
contract price, both singly and in the aggregate, without the express written consent of surety. And, any refusal by
surety to provide such consent shall not be considered as a default by surety or principal in the bonds or the contract.
Surety's liability under this bond is limited as it pertains to any express or implied warranty provisions to which Principal
is obligated, by contract and/or statute, to a period of two years after subject work is performed
• See Maintenance Bond attached and incorporated herein by reference.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
Signature:
Name and
Address:
(Corporate Seal)
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 7984 ED. •AIA cN
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, DC 20006 A312-1984 6
THIRD PRINTING • MARCH 1987 _ ,
COMPANION PROPERTY AND CAUSUALTY INSURANCE COMPANY
Surety'sName
MAINTENANCE BOND
Bond No. 0004660
ASPEN PLUMBING & HEATING COMPANY
KNOW ALL MEN BY THESE PRESENT, That we, principal's Name
937 COUNTY ROAD 11 CARBONDALE, CO 81623 , hereinafter called Principal, and
Pdndpal's Address - `
COMPANION PROPERTY AND CAUSUALTY INSURANCE COMPANY 1301 HIGHTOWER TRAIL SUITE 210 ,
Surety's Name SuretysAddress
hereinafter called Surety, are held and firmly bound unto: THE CITY OF ASPEN ,
Obllgea's Name
130 S. GALENA ASPEN, COLORADO 81623 ,hereinafter called Obligee, In
uuiiyee 5 rw,.,o,~
the full and just sum of ONE HUNDRED TWENTY SEVEN THOUSAND FOUR HUNDRED """"""""""""""""` Dollars
($ ***127400*** ), lawful money of the United States, for the payment of which we bind ourselves, our
hefts, administrators, executors, successors and assigns, Jointly and severally, firmly by these presents.
WHEREAS, said Obligee has entered into a certain agreement with THE CITY OF ASPEN
Owner's Name
a portbn of which requires a TWO year(s) maintenance bond covering workmanship and materials far the
List of Improvements covered, hereinafter called Improvements, at MAROIT RANCH BOILER REPLACEMENT ,
Project Name
:which Improvements have been or are about
Project Address
to be completed and accepted.
NOW. THEREFORE, if said Improvements shall be free from defects of workmanshlp and materials, general
wear and tear excepted, for a period of TWO year(s) from the date of acceptance of said improvements,
then this obligation shall be null and void; otherwise fo remain in full force and effect.
Signed, sealed and dated this 4TH day of APRIL 2008
Witness as to Principal
ess as Suret
ASPEN PLUMBING & HEAT IG COMP NY
nn V t ma
By: J
COMPANION PROPERTY AND CAUSUALTY
-.- INSURANCE COMPANY
Surety/'s ,N(ame~
DONALD H. GIBBS ,Attorney in Fact
COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY ,
P. O. Box 100165 (29202)
51 Clemson Road
Columbia, SC 29229
GENERAL POWER OF ATTORNEY
Know all men by these Presents, that the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY
had made, Constituted and appointed, and by these presents does make, Constitute and appoint Andrew C.
Heaner of Atlanta, Georgia; Richard L. Shanahan of Atlanta, Georgia; Stefan E. Tauger of Parker, Colorado;
Arthur S. Johnson of Atlanta, Georgia; Jessica B. Gardiner of Loganville, Georgia; Mary F. Holland of Chamblee,
Georgia; James E. Feldner of West Lake, Ohio; Jeffery L. Booth of Pamta, Ohio; Cheryl L. Torso of Canton,
Georgia; Garry W. Black of Murfreesboro, Tennessee; Martha G. Rbss of Charlotte, North Carolina; Lloyd Randall
Deal, Kennesaw, Georgia; Donald J. Kersey, Birmingham, Alabama; David R. Brett of Columbia, South Carolina;
or Donald H. Gibbs of Atlanta, Georgia, EACH as its true and lawful attorney for it and its name, place and stead
to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given
to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall
exceed in amount of the sum of $1,000,000 (One Million dollars).
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted pursuant to due authorization- by the Executive Committee of the Board of Directors of the
COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY on the 24 day of December 2003.
RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them
hereby is, authorized to execute Powers of Attomey qualifying the attorney named in the given Power of Attorney to
execute in behalf of the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY bonds, undertakings
and all contracts of suretyship; and that any Officer, Secretary or any Assistant Secretary be, and that each or any
of them hereby is, authorized to attest the execution of any such Power of Attomey, and to attach thereto the seal of
the Company.
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affuced to any such
Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey certificate
bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affoted
and in the future, with respect to any bond undertaking or contract of suretyship to which it is attached.
In Wdness Whereof, the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY has caused its
official seal to be hereto affixed, and these presents to be signed by its President and attested by its Vice President
this 1" day of June 2007.
Attest: COMP P TY SUALTY INSURANCE////C~~IOlMPANY ~,L
L/L~~ ~ >_-/_ z //
Chades M. ~otok, ~residen Curtis C. Stewart, Vice President & CFO
,.~ 2.047 ,before me personally came the above named officers to me known, who being by me
that they reside in Columbia, In the County of Richland, State of SC, at Columbia; that they are the President
:OMPANION PROPERTY AND CASUALTY INSURANCE COMPANY, the corporation described in and which
that they know the seal of the said corporation; that the seal affixed to the said inshument Is such corporate seal;
ey signed their names thereto pursuant to due authorization.
y Public, State of SC, Qualified in Richland County Commission Expires: ~Y
COUNTY OF RICHLAND
I, the undersigned, an Officer of COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY, a South Carolina Corporation, DO
Resolut on oiRhe Executive Committee dh Boaed of Di~ectorsttset forth n the Powelr of Attomeyas now neforoeoked; and, furthermore, that the
Signed and sealed at the City of Columbia, Dated the 4_' day of Apr /, 2~8 ~_
Bond No. 0004660 Curtis C. Stewart, Vice President & CFO
Revised: 6/1/2007
Number 9695