HomeMy WebLinkAboutresolution.council.076-09RESOLUTION #7 (~
(Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND MUELLER CONSTRUCTION SETTING FORTH
THE TERMS AND CONDITIONS REGARDING BRIDGE GUARD RAIL
STRUCTURAL DESIGN AND REPLACEMENT ON POWER PLANT ROAD
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 Mueller Construction, 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 Mueller Construction regarding Bridge
Guard Rail Structural Design and Replacement on Power Plant Road 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.
Dated: ~~~~~~,/y
~ ~ ~ ~~~
ichael C. I eland, 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 September 28, 2009.
C./ /~~~~J'~.
Kat n S. Koch, City Clerk
The CIIY of Aspen
CONTRACT FOR CONSTRUCTION CilYApurneV~ClAce
THIS AGREEMENT, made and entered into on SEPTEMBER 28, 2009, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and MUELLER CONSTRUCTION
SERVICES INC., hereinafter called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: Bridge Guard Rail Structural Design &
Replacement on Power Plant Road, and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and
as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract For Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed SEVENTY SIX ONE
HUNDRED SIXTY ($76,160.00) DOLLARS or as shown on the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
Page 1 '*CC1
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
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.
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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
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.
ATT STED BY:
RECOMMENDED FOR APPROVAL:
ity Engine mg Department
ATTESTED BY:
~". -
CITY O~ SP N, COLORADO
Title: C'~y ~O-^-rte
APPROVED S TO FORM:
By~ ; ~ °
~--~~ Attorney
CONTRACTOR:
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By: ~~
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110+ `Y.~CV ~S fl~
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.
Page 3 "CC1
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF Co to r~,o )
r ) SS.
COUNTY OF Ga-rT~~~ )
On this ~ day of saw-~~~~ , 2009, before me appeared
~Jr~o~n -~-~n.w~~ins to me personally known, who,
being by me first duly sworn, did ay that s/he is _.bP ., e l l~ of
~,.~0~ r ~nstn,~~w. ~vides Sic _ and that the seal affixed to
said instrument is the corporate seal of said corporation, 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. `e~~,,,,,,,~~~
.~`~~ Hp~'/fj''%
'~P ~pTAq 2~' ~:_
h
-~ 9TH C~: o
b ry
' A''h~~
otary Public
DO~~ 6.J`~pris C~~ G/~nwooCl ~~~
Add res 8 ~ COI
My commission expires: 5~~~. d ~
Page 4
Certification and Supplemental Conditions to Contract for Services -
Conformance with &8-17.5.101, et sep.
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 that added a new article
t7.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -Public Contracts for Services" This new law
prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting
with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs
or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services
include certain specific language as set forth in the stawtes. This Certification and Supplemental Conditions has been designed
to comply with the requirements of this new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons
having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract
for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law ]56, 108th Congress, as amended, that is administered by the United
States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen
"Public Contract for Services" means any type of agreement, regardless of what the agreement may be called,
between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement
referenced below.
"Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery
of a specific end product other than reports that are merely incidental to the required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ
illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following [eons and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for
Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for
Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that
Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program
prior to entering inm the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot
Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar
Page 5 "CC1
months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The
requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilo[ Program procedures to undertake pre-employment screening ofjob applicants
while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services
knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that
the subcontractor is employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required
pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor
shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in
the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection
8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so
terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
F.Q~L ~ rf~S ! ~
JPW-saved: 8/3/2006-867-M:\ciry\cityatty\contract\forms\certification - hb-06-1343.doc
CC1-971.doc
Public Contract for Services:
City of Aspen
Invitation to Bid
Bridge Guardrail Structural Design and Replacement for Power Plant Road
SCOPE OF WORK
PROJECT OBJECTIVE:
To improve vehicular safety across the bridge by removing ageing guazdrail components and
replacing them with modern components while not compromising the structural utility of the
bridge.
BACKGROUND & DISCUSSION:
The current guazdrail configuration across the power plant road bridge is non-compliant to
CDOT specifications. Additionally, significant damage to the bridge framing is expected if the
guardrails are impacted. The City intends to bring the guazdrail system as close to compliance
with CDOT specifications as practicable without necessitating total bridge replacement. In order
to achieve this goal, proposals for this project must account for the structural design of the
guardrail supports and connections to the existing bridge frame. As part of the work for this
project, the City will require a structural drawing stamped by a Structural Engineer licensed to
practice in Colorado depicting the guardrail member sizing and spacing as well as connection
details.
GRADE T'fACNA~t~Nf
AI
A7
~M~.tf3~R.AND
ABUTMENTS:
' I0'•b' ID'-0' tcN ~y~~'L
GbvN~
•IP THICK
I
POURED-w• .
Q.~GLf1tK•~D. SNoP
PLACE CONC. ,pR11~,(I,~JiJB~~IdiJlJ'1g,E
WALLS I I
ST,wa,~v gr Cocdaaoo
~
I ! ~,~ (,4~4G P.~.
~
~ 33'•0' 4.4 BRCS. !
35'-8' STR. LENGTH
ELEvATION
BRIDGE RAILWGS: C
GALV. TU' BEAM RAIL W/ G
ON 6k3'h'z3/16' L'•P05TS 14'-1' O.O DECK
GIRDERS:
(1/SIDE) 14'•4' RAIL•RAIL (EXi) (1) W14x68
(wTJ lIU 515x41.9
(1)11't'~ PVC 3k4i' EDGE B
UTILITY PIPES
r
DECK: -----°. .._ ...-•----•°-°----•--•-•-....._..°--°-°--•------------- ---•---°-----....
1' ASPHALT ON 6'x1'
GALV. CORK MTL. DECK
(J. TO ROADWA7)
(116't STL. PIPES
9Y WRAPPED 1'1 STL. DIAPFU24Gh15:
UTILITY PIPE 14' PIPE 10 SPACE5134i' TO 14' . 19'-bty' byi' b'x1' CHANJELS
/` //y~, ~~ • ABUT, a V3
SEL/TIVIY A B C D E F G H I J K L M POMTs
wINGWALLS:
IB' THICK P.IP. GONG. WALLS
(LENGTH ~ ANGLE ON PLAN1
~ ~~~ ~~
I p~WVEWAYY Q!~ 1y
SKEW I/ice DIRECTION
OF wVENTORY
EXTENSION OF EN~DGE RAIL ON
(I) bk3Uik3Ab' L P09T LLV
FrLyA' RED END SECTION
I `~
pgIER pI,ANT ROAD
OGLER STREET)
e
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T
9:25:33 AM
7
BID PROPOSAL FORM
PROJECT NO. 2009-064
BID DATE: 2:OOpm, August 26, 2009
PROJECT: Bridge Guard Rail Structural Design & Replacement on Power Plant Road
PROPOSAL SUBMITTED BY: Mueller Construction Services, Inc.
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without
collusion or connection with any other person or persons bidding for the same work, and that it is made in
pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid
and request for bid, all the requirements of the bid documents including the plans and specifications for this
bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open
for Sixty (60) consecutive calendar daVS from the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-construction
conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission
of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish
construction within the time specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to
the City, to waive any informalities or to reject any or all bids.
The City hall not pay the Contractor for defective work and/or for repairs or additional work required for
successful completion of the project. All work not specifically set forth as a pay item in the bid form shall
be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection with
furnishing the proper and success completion of the work, including furnishing all materials, equipment
and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The
basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees
to make no claims for damages, anticipated profit, or otherwise on account of any differences between the
amount of work actually performed and materials actually furnished and the estimated amou~t of work.
BPt-971.doc `BP1 J' C Page 1
i/ Contractor's Initials
The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid
unit price and up to plus or minus Twenty Five (25) Percent of the total bid.
I hereby acknowledge receipt of ADDENDUM(s) numbered ~ through
ESTIMATED QUANTITYLIST
BI D ITEM DESCRIPTION UNIT
1. Material Testing LS
2. Clearing and Grubbing LS
3. Guardrail CDOT Type 3, W Beam LF
4. End Anchor Type 3K EA
5. Transition Type 3L EA
6. Bridgerail, Posts, Blo cks, Rail
7. Mobilization LS
8. Traffic Control LS
QUANTITY
1
1
25
4
3
LF 70
1
1
1
UNIT TOTAL
P E ~~
$ ~t/~o $ zero
$~,600.17d $G,SP~o,
$~f~o4 $ /, DA7
$Slo.oo $ 3,z~Fo
$ I ZSO.aO $ 3. 750.
$~1?.00 $ z g'. sya,
$ /, 4ov,o~ $~o,
$ Zc ~U $ Ze ro
$ S
$ $
$ $
$ $
$ $
$ $
9. Sewer Line Remove & Replace LS
10. Utility Relocations (Force Account LS 1
Total Bid in Words:
TOTAL BID IN NUMBERS?! 76 ~~'a~
BP1-977.doc 'BP1 Page 2
ontractor's Initials
I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been
reserved by the owner.
Authorized Officer:
Full name signature:
Company address: _
Joe/MUel
TitlePresident
s, CO 81601
1113 I/ue
Glenwood
Telephone number: 970-384-0584
Fax number: 970-384-2518
,~ ;
Attested by: ~ 03~~ 1/,~_
Subcontractor & Material Supplier List
Name: Adarand Constructors,
Address: 2720 East Las Vegas St
Service or Product: Guardrail
Name: A-1 Traffic Control ,Phone#:970-876-0738
Address: 32597 U.S. Hwy. 6 & 24, Silt, CO 81652
Service or Product: Traffic Control
Name: Schmueser Gordon Meyer Engineers & Surveyors ,Phone#:970-945-1004
Address: 118 W. 6th St., Suite 200, Aspen, CO 81601
Service or Product: Engineering
Name: Big R Bridge ,Phone#:800-234-0734
Address: P.0. Box 1290, Greeley, CO 80632-1290
Service or Product: Bridge Rail Supply
Name: ,Phone #:
BP1-977.doc 'BP1 Page 3
C actor's I ~ ~als
Inc ,Phone #:719-390-4000
#200, Colorado Springs, CO 80906_
Address:
Service or Product:
Nume:
Address:
Service or Product:
BP1-971.doc
Phone #:
*gpi Page4
ontractor's Initials
BID BOND
IOVOW ALL PERSONS BY THESE PRESENTS, Thetwe, the undersigned, Mueller Construction Services_Inc.
d 1113 Huebinger Drive, Glenwood Springs, CO 81601 as Principal,herainafter
n-felredooas•Prlndpai',and Washinoton International Insurance Company ,
a corporation organized underthe laws d the Sled d New Hampshire ,and qualified to transad business
in the State d Colordo, as't3urety" are held and firrnly hound urdo the City of Aspen, Colorado, es obligee, herefnaRor
referred to ae "City,' in the penal sum of
Or~'genrt~~°-/a~s~t=Bid Five Percent (5~) of Amount Bid
5$~yb~nt bid
Dollars ($ I, leuufirl money d the United States d America, far the Payment d which sum, we0 and
truly to be made tb the City, we bind ounrelves, and our heirs, exeaAors, administrators, suoeessors, end assignees,
jointly and severalty, by these present:
WHEREAS, said Principal haS submllbd a bid far conatrudbn d Bridge GuaNrail Design and Replacement for Power Plant Road
NOW THEREFORE, If the City shall accept the bid d the Prindpal and the Principal shall enter Info a Contrad frx
Construdioh Ydtlt Bra City In arcordelxx: with the terms d such Bid, and given such bond or bonds as may be spedfied
In the Bld Padage or Contrad Documents vAth good and sutllderd surely for Cte fatlhful performance of such contract
and for the Prompt payment d labor and material famished In the prosewtlon thereof, or in the event d the failure d the
Prindpal ip enter such Contract for Consirudlon and ghre such bond or bonds, M the Prlndpal shall pay to the City the
difference nd to exceed the penally hereof between the amwnt specified m sold bid and suds larger amount for which
the Prtndpal may In good fehh contrad wNh another party to perform the work cotrerad by said Bid, then this shall be null
and wid, otherwise to remain In full force and effect th law,
SIGNED AND SEALED this
1
PRINGPAL: Iler
8y:
Title: ~~ t ~
dayd September
Services, Inc.
SURETY: Washington International Insurance Company
Title: Attorney-in-Fact
2009.
(seal)
(Accompany th~ bond with oerMed copy d General Power d Attamey from the Surety Company 1n include the data of
the bond.)
Bat•971.dae •Bat
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the Slate of New Hampshire, and having its principal office in the Cily of Manchester, New Hampshire, and Washington Intemational
Insurance Company, a corporation organized and existing under the laws of the Smte of New Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
EILEEN A. BLANCHARD, TIMOTHY J. BLANCHARD,
ANITA C. KELLEA, VIRGINE KORNBLUTH and ASHLEY K. BRYANT
JOINTLY OA SEVERALLY
Its We and lawful Attorney(s)-in-Fact, [o make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in [he nature of a bond on behalf of each of said Companies, as surety, on connacts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is' granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both Noth American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held
on the 24'" of March, 2000:
`RESOLVED, [hat any two of the Presidents, auy Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of [hem hereby is authorized [o execute a Power of Attomey qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or airy of them
hereby is authorized to attest to the execution of any such Power of Attomey and to attach tlrerein the seal of the Compam; and i[ is
FURTHER RESOLVED, [hat the signature of such officers and the seal of [he Company may be affixed to any such Power of Attomey or [o any
certificate relnting thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon [he Company when so affixed and in the future with regard [o any bond, undertaking or contract of surety to which it is attached."
N \d11~TYp /i , w~ba
yQ GQPPOki~~L ~i +1~-_.. ~~"o~aPo tG~BG
~~'~ SFAI. :0= Suven P. Mdermq President&CMef Exenuiv<Ofnrer ofN'eshingion lnmrnatimml lmurenu Company fir: SEA! ~~
d':g 1973 v, O c & Saiur Vke Praidmt of Nonh Am<rican specivlty Imurana Company a ~ j
'Ji"//. o c r
o e: a7 ~. :n~
%iyr~ 9NPS~:,s~C ~) ai-'~."t~~,~~yM(,t. ~g3
nnvid M. Bymvn, Senior Vice Pseaiden orWUhineton lnhrnafionW lmunnu Company ~'n xn>r~a
& Via Pavident of Nonh Americm Spe<iJty Imuranu Compvny
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals [n be hereunto affixed, and these presents [o be signed by their authorized officers [his lst day of April , 2009 .
North American Specialty Insurance Company
Washington International Insurance Company
S[a[e of Illinois
County of Du Page es.
On [his ~ st day of April 20 0~ before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of
Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Senior Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly swam, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said ins[mment [o be [he voluntary ac[ and deed of their respective companies.
/1
°oFr[ctALSEAI^
DONNAD. SF;LENs
N<dary 7'uMiq Stare oflllinou
My Comm~ion EWE luta621111
Donna D. Sklens, Notary Public
I, Lames A. Camenter ,the duly elected Assistant Secretary of Nonh American Specialty Insurance Company and Washington
Intemational Insurance Company, do hereby certify [hat the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2nd dny of September , 20 09
lames A. Capenmr, Vice Presidm[ a Assis~ans Secremn' of N'ashinemn Inlnnaumn,l Insurance Cnmpwy A
Nosh Amentm Spnptalry Insunmw ConiponY
AFFIDAVIT OF COMPLIANCE
PROJECT NUMBER: 2009-064
The undersigned contractor has read a copy of the Contract Documents including the construction plans,
for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future,
violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of
Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and
agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the
City of Aspen.
Attest: ~ /~~~~~?/,ll~_
Colporate Seal
STATE OF COLORADO
COUNTY Garfield
SS.
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Before me ..1~-cum I-law~;ns , a notary public and for ~c+r~~ ~-~c~
County, Colorado personally appeared ~o~ ~u~l ~~-~' known tCCO me
personally to be the person(s) whose signature(s) in my presence this day of ~rnbzt
A.D. 20_.
My commission expires: ~ J3l/;~ 011
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ontracto Initials
LIQUIDATED DAMAGES
for
FAILURE TO COMPLETE THE WORK ON TIME
The undersigned contractor declares his/her full awareness of the content and terms of this contract
affirms that the contractual time is the period mentioned in the contract Specifications plus the
extension(s), if any, granted by the City of Aspen for successful completion of project. The undersil
contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted i
moneys due to him/her for any delayed calendar day beyond the total time at the rate of $500.00 per ~
This amount and the total allowed time by the City shall not be negotiable under any conditions.
Attest: ~ / ~ "` " ~
Corporat:; Seal
STATE OF COLORADO )
SS.
COUNTY )
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Before me ~erv't NSW ~ns , a notary public and for ~~~~i a~C~
County, Colorado personally appeared --Jo e_ ~ u~ ~u known to
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me personally to be the person(s) whose signature(s) in my presence this a day of
J.yA-~e-m ~-e.a- , A.D. 2009.
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Notary Public
City of Aspen
Qualification Statement
Project No.:
", 1. Firm Name, Business Address, Contact Person S Telephone Number: ', 2. Year Present Firm '. 3. Date This Form
Mueller Construction Services, Inc. Eatablianea: Prepares:
1113 Huebinger Dr., Glenwood Springs, CO --- 6 8J27/09______.
c -------------------------- -
8 1 6 ~ 1 4. Type of Ownership: I A. Small Hvsi ness
H. Minority Owned
Joe Mueller 970-384-0584 A c. women owned
----------------
15 Names of not more than two principals Co contact: Title/Telephone:
a) Joe Mueller, President, 970-384-0584
b)
' 6. Project Examples, Last 5 Years: '
~_____
--- - - ------- - - - See__attached_shaet---------------- -- -- - -------------- --
Project Name, Location 6 Hrief Description: ', Owner's Name, Address 6 Telephone: ", Cost of Workl Date
~, ', (X $1,000) ', Completed.
'~ 1. I
2.
______________________________________________________________________________t-___________~
3.
4
5.
__________________________________________________________________________________________________________________________________
6.
~.
8
9.
10.
', Project Name, Location 6 Brief Description:
11.
12.
13.
14.
15.
16.
17.
18.
19
------------------------------------------------------------------ -
I Owner's Name, Address 6 Telephone: I Cost of Workl Date
'. (X $1,000) Completed,
____________ ___________________________________________y_____________~____________
7. Hank Refernces, Contact Person, Telephone Number:
ai See attached sheet
b)
c)
', 8. Trade References (material suppliers, subcontractors, etc.), Contact Person and Telephone Number:
See attached sheet
--------------------------------------------------------
', 9. Name of Bonding Company and Insurance Company, Agent's Name. Describe current liability insurance coverage:
See attached sheet
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CONSTRUCTION SERVICES, INC.
Project Neme Owner Architect Orginal Contract Competion Dale % Performed by Own
Forces
Amomt
Pitkin County Jerry
Mortis 485 Rio
Crown Mountain Grand Place Unit 101 Trex Archi[ex P. C- $734,244.00 11/19/2009 70%
Communication Facility Aspen, CO 8161 I 970-
920-5763
Grace Church of the RFV
Grace Church of the Roaring 1776 Emma Rd OP -ART, lnc. W'thheld at owner's Spring 2010 5
Fork Valley Basalt, CO 81621 request
970-
Garfield County
Colt Cornelius
Garfield County Jail Remodel 108 8th St
Glenwood Springs, CO Sopris Archi[ects-
David Koenck
$1,007,615.00
12/2008
20%
81601 970-945-1377
Xt1035
Garfield County
Marvin Stephens
Garfield County Sand Storage 108 8th St. Sopris Architects- $604,213.00 ] 1/2008 98%
Shed Glenwood Springs, CO David Koenck
81601 970-625-8601
Xcel F,nergy
Sourcing Rep. Ken Elliott
550 15th St, N 1200
Shoshone Hydro Plant Denver, CO 80202 Xcel Energy $455,943.00 03/2008 80
303-571-7503
City of Glenwood Springs
Robin Milyard
Glenwood Springs Landfill 101 W. 8th St.
Glemvood Springs, CO
City of Glemvood Springs
597,651.00
05/2008
100
81601 970-384-6400 Fax
970-945-3488
Midland Center, LLC
AI Cappo
Midland Center Phase II P.O. Box 2074
Glemvood Springs, CO
Sundesign Architects
$3,262,995.00
07/2008
10
81601 970-945-9755
Colorado Mountain Collcge
Sam Skramstad
Colorado Mountain College-Vet g31 Grand Avenue
Tech Classrooms (Spring Valley Glemvood Springs, CO Sundesign Architects 5450.000 00 01/2008 70%
Campus) ft1601 970-945-8691
Fax 970-947-8324
Project Name
Owner
Architect Or mal Con[rac[
g
Competion Date '% Performed by Own
Forces
Amoun[
Sans Nom LLC.
Craig Rathbun
c/o The Fleisher Company
Ace Hardware 0326 Hwy. 133, Suite 100 Michael E. Oney $2,547,735.00 05/2007 60%
Carbondale, CO 81623 Architect ,LLC
970-704-1515 Fax 970-
704-1444
Garfield County
Randy Withee
Child Advocacy Center 108 8th St Sopris Architects'- $303,577.00 06/2007 20%
Glenwood Springs, CO David Koenck
81601 970-625-0973
Rocky Mountain Skin Care
L[d. Dr. Daniel Thimsen
Allure Medi Spa 1830 Blake Ave. Jeff Johnson Architects $237,317.00 12/2006 I S
Suite 207 Glenwood
Springs, CO 81601 970-
John G Bishop Family
Castle Creek Bridge Repair Trust John C. Bishop
8639 Cima Drive
Oddo Engineering
$92,930.00
11/2006
100
Sandy, UT 84093
Crown Mountain Park &
Recreation District
Ross Stepp
Crown Mountain 20 Eagle County Dr. Suite Studiograppa $398,472.00 01/2007 80%
F EI ]ebel, CO 8!623
970-963-6030 Fax 970-
963-6032
Magoo, Inc
403 W. Yale Cirole
Magoo's Bar and Grill Glenwood Springs, CO
81601 Rosetta Dimiccli
The Drawing Board
$296,171.00
06/2006
20%
970-948-4384 Fax 970-
945-5514
Linda Rousch
Remax Real Estate Office 3057 Hwy. 13 Michael Shult Architects $67,727.00 07/2005 60%
Building Remodel Silverthorne RiFle, CO 81650
SMB Inc.
Subway Sandwich Shop P.O. Box 332 Subway Inc $22.305.15 08/2005 80%
Glenwood Springs, CO
Glenwood Springs, CO
Glenwood Carwash and Conoco $95,000.00 032005 70%
Aspen/Pitkin County
Pitkiu County Airport Parking Airport CartedBurgess Engineers $176,525.00 05/2006 83
Lot Improvements
Subway Sandwich Shop El Jebel, CO Subwa Ina
1' $78,000.00 01/2005 80%
Bureau of Land Management Eagle County, CO BLM 568,000.00 09/2005 100%
Trails and trail heads
Sunlight Ski Area Waste Water Glemvood Springs, CO SGM, Inc Engineers SI33,000.00 03/2005 100%
Treatnent Plant
Colorado Public Redio Gleuwood Springs, CO 538,300.00 07/2004 100%
Glemvood Springs Commm~ity Glenwood Springs, CO SI4,000.00 06/2004 100
Center
Water Treatment Buildings Woody Creek, CO Stcven Conger Architects $75,000.00 03/2004 80%
Book Grove Used Book Store Glenwood Springs, CO $42,000.00 06/2004 30%
Subway Sandwich Shop Edwards, CO Subwa Inc.
T 573,000.00 03/2004 80%
Valley Liquor Store Remodel Glenwood Springs, CO O.Jouhasson Architects 5138,000.00 12/2003 63%
REFERENCES
Bank Reference: Wells Fargo Business Banking
2808 North Ave.
Grand Junction, CO 81501
Bill Rockwood
970-242-8822
Trade References: Gould Construction
P.O. Box 130
Glenwood Springs, CO 81602
Peter Ware, Project Manager
945-7192, Ex 17
Hap's Plumbing & Heating, Inc.
2550 Hwy 82
Glenwood Springs, CO 81601
970-928-9222
Name of bonding company: Washington International Insurance Company
Name and address of agent" Hub InternationaUBlanchard Insurance Group,
Inc.
P.O. Box 60130
Grand Junction, CO 81506
Tim Blanchard
(970) 245-8011