HomeMy WebLinkAboutresolution.council.025-10RESOLUTION #.~,5
(Series of 2010)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND HEYL CONSTRUCTION, INC SETTING
FORTH THE TERMS AND CONDITIONS REGARDING 2010 CONCRETE
REPLACEMENT AND PEDESTRIAN IMPROVEMENT PROJECT 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 Heyl Construction 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 Heyl Construction, Inc
regarding 2010 Concrete Replacement and Pedestrian improvement
Project, 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: ~~~~-~ /~~, 7U1Z?
Mic ael C. Irel d, 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 April 12,
2009
' 1O /~~_
Kath S. Koch, City Clerk
CONTRACT FOR CONSTRUCTION
The City of Aspen
CITY pherney~ Clfice
THIS AGREEMENT, made and entered into on April 12, 2010, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and HEYL CONSTRUCTION, 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: 2010 Concrete Replacement Project, 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 THREE HUNDRED EIGHTY
NINE THOUSAND TWO HUNDRED THIRTY ($389,230.00) DOLLARS or as shown on
the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
CCt-971.doc Page 1 "CC1
Bond Number: DVIFSU0514084
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
Heyl Construction, Inc. having a legal business
address at 6560 CR 335, New Castle, CO 81647
a Corporation as Principal, hereinafter called °Principal", and
Interna8onal Fidelity Insurance Company
One Newark Center, Newark, NJ 07102
a corporation organ'¢ed under the laws of the State of New Jersey and qualified to transact
business in the State of Colorado, hereinafter called °Surety', are heW and finny bound unto the City of
Aspen, a Colorado home rule municipality, as Obligee, hereinafter called'City', (n the amount of:
Three Hundred Eighty Nine Thousand Two Hundred Thirty and No/100 Dollars --------- ($ 389,230.00 i~
in lawful money of the Unfted States for payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointy and severally, firmty unto these present.
WHEREAS, Principal has by written agreement dated April 12 2010, entered
into a contract with City for 2010 Concrete Replacement Project in accordance with the Contract Documents
which Cortbail Documents is by reference made a part hereof, and is hereinafter referred to as the Contreil.
NOW, THEREFORE, If Principal shall well, truly and falthfulty perform Its duties, all the undertakings,
covenants, terms, conditions and agreemerrts of said Contrail during the original term thereof, and any
extensions thereof vfikh may be granted by the City, with or without nofice to the Surety and during the
guaranty period, and ff Principal shall satisfy all claims and demands incurred under such Contract, and shall
fulty indemnify and save harmless City from all costs and damages which R may suffer by reason of failure to
do so, and shall reimburse and repay the City all cufiay and expense which the City may incur in making
good any defauk, then this obligation shall be void; otherwise 8 shall remain in full force and effect.
The Surety hereby waives nofice of any aheration or extension of time made by the City.
Whenever Pdncipal shall be, and dec~red by City to be in defauR under the Contract, the City having
performed City's obligation hereunder, the Surety may prompty 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, 'd the City elects, upon
determination by the City and Surety jointly of the lowest responsible bidder, arrange for a contract
between such bidder and City, and make available as work progresses (even though there should be
a default or 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,
inGuding 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 Conbail price" as used In this
paragraph, shall mean the total amount payable by City to Principal under the Contract and any
amendments thereto, less the amount property paid by City to Principal.
(3) Any contrail or succession of contracts entered into hereunder for the completion of the Contract,
shall also be subject to thiObond as part of the original Contract obligations.
PB1A71.dac •• PB7 Page 1
Bond Number: DVIFSU0514084
This bond is intended to be In satisfaction of, and in addRion to, the bond required pursuant to Sedbn 38-26-
108, C.R.S., as amended.
This bond, es a penally and indemnification bond, shall also entltle City to recover as part of the compleflon
of the Contract or tha payment of any labor or matedal costs hereunder, actual and consequential damages,
liquidated and untlquidated damages, costs, reasonable attorneys fees and expert witness fees, including,
without limitations, the fees of engineerNg or architecture) consultants.
Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to the
extent of any and all payments in cennection with the cartying out of the cenVad which the City may be
required to make under the law by any reason of such failure or default of the Principal.
Further, Surety and Principal shall protect, defend, indemnify and save harmless the Citys officers, agents,
servants, and employees from and against all claims and actions and a8 expenses inddental to the defense
of such claims or actions, based upon or arising out of injuries or death of persons or damage to property
caused by, or sustained in connectlon with, this Contract by conditions created thereby, and on request of the
City will assume the defense of any claim or action brought against the City.
No right of action shall accrue on this Bond to or for the use of any person or corporetion other than the City
named herein or the employees, agents, administrators or successors of City.
SIGNED AND SEALED this 12th day pf April , 2010.
PRINCIPAL: Heyl Construction, Inc. (seal)
By: Attest: By:
TiNe:
SURETY:
Title: Attorney-in-Fact
NOTE: Axomparry this bond with certified copy of General Power of Attorney from the Surety to include the
date of the bond. (Date of Bond must not be prior to date of Contract) If Principal Is Partnership, all partners
shouts execute Bond.
P61-971.tloc "P81 Pe9e 2
Bond Number: DVIFSU0514084
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: That wa, the undersigned, as,
Heyl Construction, Inc. having a legal business
address at 6560 CR 335, New Castle, CO 81647 ,
a Corporation as PdnGpal, hereinafter called °Prindpal", and
.a
International Fidelity Insurance Company
One Newark Center, Newark, NJ 07102
a corporation organized under the laws of the State of New Jersey ,and qualified to transact business in the
State of Colorado, hereinafter called °Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule
muniGpality, as Obligee, hereinafter called'City', in the amount of
Three Hundred Eighty Nine Thousand Two Hundred Thirty and No/100 Dollars
money Of the UNtetl States for payment whereof PnOdlpal and .ti'Urety Dlnd m~
administrarors, successors and assigns, Jointry and severalty, firmly unto these present
($ 389,230.00 ~, in lawful
ves, their heirs, executors,
WHEREAS, Prindpal has by written agreement dated API 12 2010, entered into a contract with the City for a
projeil entitled: 2010 Concrete Reolacement Project (oroiect no.2010-0171 in accordance with the Contract Documents
which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contrail.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Prinapal shall promptly make payment ro
all claimants hereinafter defined, for all labor and matedal used or reasonably required for the use in the performance of
the Contract, then this obligation shall be void; otherwise tt shall remain in full force and effect, subject, however, to the
following conditions:
1. A Claimant is defined as having a direil contrail with the Pdncipal or with subcontractor of the Prindpal for
labor, material, or both, used or reasonably required for the performance of the Contrail, labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directry
applicable to the ContraG.
2. The above-name Pdnclpal and Surety hereby jointty and severally agree wtth the City that every claimant as
herein defined who has not been paid in toll before the expiretlon of ninety (90) days after the date on which the last of
such claimant's work or labor was done or pertormed or matedals were furnished by such claimant, may sue on this bond
for use of such sums as may be Justty due Gaimant, and have executlon thereon. The City shall not be liable for the
payment of any costs or expenses of eny such Butt.
3. No sutt or action shall commence hereunder by any claimant:
Yet-g7l.doc "YBt Page: 1
Bond Number: DVIFSU0514084
(a) Unless Gaimant, other than one having a direct contraG with the Principal shall have given written
notlce to any of the folowing: The PdnGpal, the City, or the Surety above named, wdhln ninety (90) days after such
claimant did or performed the last of the work or labor, or famished the last of the material for which said Gaim is made,
stating with substantial aocurecy the amount claimed and fhe name of the party to whom the matedals were famished, or
for whom the work of labor was done or performed. Such ratite shall ba served by mailing the same registered mail or
certified mag, postage prepaid, in an envelope addressed to the Princpal, City or Surety, at any place where an office is
regularly mairrtalned for the trensactlon of business, or served In any manner in which legal process maybe served in the
State of Colorado.
(b) After the expiretion of one (1) year following the data on which Principal ceased work on said
Contract, h being understood, however, that iF any Ilmdadon embodied in this Bond Is prohibited by any law controlling the
constructlon 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 of competent jurisdiction in and for the County of Pitltin, State of Colorado.
4. The amount of this Bond shall be reduced to the extent of any payment or payments made hereunder,
Inclusive of the payment b]' surety of liens or claims which may be filed of record against the improvement(s), whether or
not claim for the amount of such lien be presented under and against this Bond.
5. This Bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-25-
105, C.R.S., as amended.
6. No final seitiement between the City and Principal shall abridge the right of any beneficiary hereunder, whose '
claim may be unsatisfied.
SIGNED AND SEALED this 12th dey of April , 2010.
PRINCIPAL:
By:
Title:
Attest
(seaq
Insurance Company (seal)
By: / / AttdsE: B : ~- a ~~x
Kristen L. McCormick, Jes~i~ Talbot, Surety Witness
ide: Attomey-in-Fact
NOTE: Accompany this bond with certified copy of General Power of Attomey from the Surety Company to Include the
date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Partrtership, all partners should
execute Bond.
Heyl Construction, Inc.
YB1A77.doc "YB1 Page: 2
Bond Number: DVIFSU0514084
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as
Heyl Constructon, Inc. ~ 6560 CR 335, New Castle, CO 61647 as
Principal, hereinafter referred to as "Princpal", and
International Fidelity Insurance Company
a corporatlon organized under the laws of the State of New uersey ,and qualHied to
transact business In the State of Cobredo, as "Surety" are held and flmtly bound unto the City of Aspen,
Colorado, as obligee, hereinafter referred to as "CiN," in the penal sum of:
Three Hundred Eighty Nine Thousand Two HundreddThiM and No/100-----------------------
Dollars ($ 389,230.00 1, lawful money of the United States of America, for t
which sum, well and troy to be made to the Cily, we bind ourselves, and our heirs, executors,
successors, and assignees, Jointly and severally, by these preser>ts:
WHEREAS, said Principal has entered into a written Confred vdth the obligee dated April 12 ,
2010, for famishing all equipment, labor, tools and materials for. 2070 Concrete Replacement Protect in
accordance with detailed plans and speciflcetlons on file In the office of the City Clerk of said City, a copy of
which Contract is attached hereto and made a part hereof.
NOW THEREFORE, The conditions of the foregoing obligatlans are such that K the said Principal shall well
and truly pertorn all the covenants and conditlona of this Contract on the part of said Principal to be
performed, and repair or replace all defects for a period of two year(s) as provided herein, and protad and
save harmless the City of Aspen, Colorado, from all lose and damages to life or property suffered or
sustained by any person, firn or corporetion, caused by saki Principal or his agents or his employees, in the
performance of saki work, or by, or in consequence of any negligence, cereleasness, or misconduct in
guarding and protectlng same, or from any Improper or defective equipment or materials used In the work, or
other damages, costs and expenses and set forth in such Contrects, then this obiigatlon shall be void
otherwise tc remain in full force and effect in law.
This Bond guarantees that the material and equipment famished and used, and workmanship employed in
the pertortnance of the work descnbed In this Contract will be of such character and quality as to insure ft to
be free from all defects and in continuous good order and In a condition satisfactory to the Governing Body of
the City of Aspen for a period of two year(s) from the date of the issuance of the Cerlficate of Completion.
This Bond guarantees that the said Principal will keep and maintain the subject work without additional
charge or cost to the City of a period specfied, and make such repairs or replacement of any defective
construction as the City may deem necessary.
MBt-671.doc "M81 Page: 1
Bond Number: DVIFSU0514084
The said Principal shall not be required to maintain any part of the improvement under this guarantee which,
after Its wmpletion and acceptance shall have been removed or altered by the City or its agent
SIGNED AND SEALED this 12th day of April , 2010.
PRINCIPAL:. Heyl Construction, Inc.
By: _
Tice:
SURETY:
Inlemational Fidelity Insurance
ay: _~C~c~z,~ ~
<risten L. McCormicc,
Title: Attomev-in-Fact
(seal)
(Accompany this bond with certfied copy of General Power of Attorney from fhe Surety Company to indude
the date of fhe bond.)
Attest:
(seal)
MB7-971.doc "MB1 Pege: 2
T~:l (973) 624 7200 POWER OF AT
INTERNATIONAL FIDELIT'
HOME OFFICE: ONE NEWARK C
NEWARK, NEW JERSEY
SNOW: ALL MEN BY THESE PRESENTS: `That INTERNATIONAL FIDELI
laws of the State of New jersey, and having its ptincipal office idthe City of Newark, 1
SARAH'FINN, ROBERT L. COHEN ROBERT J. REITER, BRAD
+: SHERYLL SHAW,' KRISTEN L. MCCORMICK, NICOLEL. MCC
s KEITH M. THOMPSON
Denver, CO.
~~~ its We and lawful attorney(s) m-fact to execute, seal and deliver fot and on ns behalf a
other wndngs obligatory m the namre thereof, which are or may be allowed required ~
the execution of such inswment(s) in'_pursuance of these presents shall be as bi
DRNEY
INSURANCE 'COMPANY
TER, 20TH FLOOR
' 102-5207 '
QSURANCE COMPANY, a corporation organized andexisting
jersey, does hereby constitute and appoint
Y i. JEFFRESS, SUE WOOD,
LAM, JENNIFER BUB;
i..... , .
ety,, any and allrbonds and underakmgs contracts of indemnity and
:nrutted by law, stature, rule regguu(anon cotivact or otherwise and
ig upon the said INTERNATIONAL FIDELITY INSURANCE
__ .,.. ....A ....4.......I~.i naA F., ,M enm,lhely nlnrfM t,ffiM1ATC 9f If<
This Power of Attorney~is executed; and mayybe~ revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws. adop9te7d4 by the Eoard of -
Direcmrs of INTERNATTONAL FIDELITY llVSURANCE COMPANY at a meeting called and held on the 7th day of Febmary, 11
The President oe any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
- (1) To appoint Attorneys-in-fact, and to authorize them m execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings: obligatory in the namre thereof and,
(2). To remove, at any time, any such attorney-in-fact and revoke the authority given.
Further, thrs Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Dvecmrs of said Company. adopted a[ a meeting
-::. duly called and held on the 29th day of April, 1982 of which the following is a true excerpn
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attomey or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile srgnamres or facsimile seal shall be valid and bmdmgg upon the Company and any
such power so executed and cemfied by facsirmle signatures and facsimile seal shall be valid and binding upon the Company N the future with respect to any
bond or undertaking W which it is attached.
~~,~ITY /p~, IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this ins[mment m be
~\ O ~/ signed and its corporate seal [o be affuced by its authorized officer, [his 16th day of October, A.D. 2007.
~Y O~ ~T ~y INTERNATIONAL FIDELITY INSURANCE COMPANY
O ~' SEAI '`~ tom''„
STATE OF NEW ]ERSEY ,:r=~;r/p~_ //J
r ~ 9~ ~y' p County of Essex iA~f~/+M+
`~ ~JERe' ~
d~1Nl ~ l~~a Secretary
On this-16th day of October 2007, before me came the individual who executed the precedingg-~mstmment, m me personally known, and,being. by mo duly
sworn, said the he Is thetherein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed m
satd instrument is the Corporate Seal of said Company; that the Said Corporate Seal and tits signature were duly affixed by order of the Board of Directors of
said Company. :
MARQtr IN TESTIMONY WHEREOF, I'have hereuntp set my hand affixed my Otfibial Seal, :
~~{~-• ~~ ;, at theLiry of Newark, New Jersey the day and yeaz first above wntten.
~ NOTARY
' "~ PUBLIC ~ ~~~~ ,
* r1'
'~" JERS~ ' ' A NOTARY PUBLIC OP.NEW 1ERSEY
CERTIFICATION My Commission Expmes Nov. 21, 2010
I, the utdersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY da hereby certify that I have compared the foregoing copy of the
Power of Attorney ani affidavit, and tlie:copy of the Stedon of the;By-Laws of said Company as se[ forth nr said Power of:At[omey, with the ORIGINALS ON
'... TN THE HOME.OFPICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of tare whole of the said originals,. and that the said Power
of Aaomey has not been revoked and is now in. full force and effect
IN TESTIMONY WHEREOF, I have hereunto act my hand this:. 12th day of Apti l , 2~0~/1i0.
~~I~r.+
Assistant. Secretary
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