HomeMy WebLinkAboutresolution.council.039-10RESOLUTION # ~g
(Series of 2010)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND HEYL CONSTRUCTION SETTING FORTH THE
TERMS AND CONDITIONS REGARDING EAST OF ASPEN TRAIL PHASE II
CONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council an agreement
between the City of Aspen, Colorado, and Heyl Construction, a copy of which
agreement 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 agreement
between the City of Aspen, Colorado, and Heyl Construction regarding East of
Aspen Trail Phase II construction for the city of Aspen, 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: ~~ - / - :~ ~ /c~
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 May 24, 2010
~~~
Kat n S. Koch, City Clerk
~IQ,Ics e.vy~y
CONTRACT FOR CONSTRUCTION T"e cmoFa~
THIS AGREEMENT, made and entered into on Mav 24`", 2010 , by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and HEYL Construction, Inc.
hereinafter called the "Contractor".
WHEREAS, the City has caused to be prepazed, 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 East of Aspen Trail II Proiect, 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 declazed 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 calendaz 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 Ei¢ht Hundred Seventy Thousand
($ 870,000.00) 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 GC1-971) and in the Special
Conditions. The Contract Documents are included herein by this reference and made a part hereof
as if fully set forth here.
A. Notwithstanding anything to the contrary contained in Section 5.3.1 through Section 5.3.3
of the above referenced General Conditions, the following provisions shall apply with respect to
the types and limits of inswance that the Contractor shall procure (The remaining provisions of
Section 5.3, Contractor's Insurance shall remain the same.)
i. The Contractor shall provide certificates of insurance to the City which certificates
shall be made available to the Colorado Department of Transportation for the topes and limits
of insurance as set forth below.
ii. Workers' Compensation as required by state statute, and Employer's Liability
Insurance covering all employees acting within the course and scope of their employment and
work on the activities authorized by pazagraph 4 of that certain License Agreement between the
City of Aspen and the Colorado Deparhnent of Transportation dated and by this
reference made a part of this Contract.
iii. Commercial General Liability Insurance written on ISO occurrence form CG 00 Ol
10/93 or equivalent, covering Premises operations, fire damage, Independent Consultants, blanket
contractual liability, personal injury and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence:
b. $2,000,000 general aggregate;
c. $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid,
Contractor shall immediately obtain additional insurance to restore the full aggregate limit and
furnish to the Colorado Department of Transportation and the City showing compliance with this
provision.
iv. Contractor shall provide Pollution Legal Liability Insurance with minimum limits
of liability of $1,0000,0000 Each Claim and $1,0000,000 Annual Aggregate. The Colorado
Department of Transportation shall be named additional insured to the Pollution Legal Liability
policy. The Policy shall be written on a Claims Made form, with an extended reporting period of
at least two years following finalization of the above referenced License Agreement.
v. Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This
policy shall become primary (drop down) in the event the primary Liability Policy limits aze
impaired or exhausted. The policy shall be written on an Occurrence form and shall be following
form of the primary. The following form excess Liability shall include the Colorado Department
of Transportation as an Additional Insured.
vi. The Colorado Department of Transportation shall be named as Additional Insured
on the Commercial General Liability Insurance policy. Coverage required by the License shall be
primary over any inswance or self-insurance program carried by the State of Colorado.
vii. The Insurance shall include provisions preventing cancellation or non-renewal
without at least 30 days prior notice to the Colorado Department of Transportation and the City by
certified mail to the address contained in this document.
viii. The insurance policies related to the License shall include clauses stating that each
carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its
agencies, institutions, organizations, officers, agents, employees and volunteers.
ix. All policies evidencing the insurance coverage required hereunder shall be issued
by insurance companies satisfactory to the Colorado Deparhnent of Transportation and the
City.
B. Section 5.2 of the General Conditions shall be amended to include a provision that
to the extent authorized by law, the Contractor shall indemnify, save and hold harmless the State,
their employees and agents, against any and all claims, damages, liability, and court awards
including costs, expenses, and attorney fees insured as a result of any act or omission by the
Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract.
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 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:
REC MMENDED FOR APPROVAL:
C' Engineeri Department
ATTESTED BY:
~~
CITY OF SP , /COLO~RAD~ O~
Title: C : ~y ~~~.-
APPROVED AS TO FORM:
City Attorne
CONTRACTOR:
By:
Title: //`7''vS ~~-~
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.
Certification and Sunnlemental Conditions to Contract for Services -
Conformance with &8-17.5.101, et seq.
Pumose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 that added a new article
17.5 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 perfornt work under a contract, or to knowingly contract with a subwntractor 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 statutes. 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 atl persons
having a public contract for services with the City of Aspen.
Definitions. The following terms aze defined in the new law and by this reference aze 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 156, 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 contractor agreement referenced
below.
"Services" means the famishing 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 m verify that it does not employ
illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following terms 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 m 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 into the Public Contract fot 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
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 Pilot Program procedures to undertake pre-employment screening of job 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-] 7.5-102, 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.
Public Contract for Services
Contractor. ~~ ~ ~ GO"i u to " t.
By:
Title: B"'~Gt l ~~~)
JPW-saved: 5/ ] 0/2010-867-M:\city\cityatty\contract\forms\certification - hb-06-1343.doc
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF s
SS.
COUNTY OF
On this ~~~day of / .. L
~~, before me appeared
to me personally known, who, being by
me first duly sworn, did say that s/h6 is ~~S .~ol~,.r-: / of
iUG~/~ G~.v3~r~~G~i~z'~ and that the seal affixed to said
instru ent is the corporate seal o saif d 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 NOT
\~~
and year in this certificate first above written.
-~w.~.,%- ~...- - - - -
Notary Public
~~ ~ ~~
~a..Q~ ~ ~i~ Ll
Address
My commission expires: ~ - ~~t -~~/U
BID PROPOSAL FORM
PROJECT NO:
BID DATE:
2010-029
May 4ei, 2010
PROJECT: East of Aspen Tr~a/il II Project /'
PROPOSAL SUBMITTED BY: r/EYL C.o~S~rvc~i"on ~ .-~nI a
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
plane and specifications for this bid, all of which Gave been read and examined prior to signature.
The bidder agrees to keep this bid open for Sixty (601 consecutive Calendar days from the
date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-
construction conference held by the Parks 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 tbe 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 shall 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 coats 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 famished and work done.
The Contractor agrees
to make no claims for damages, anticipated profit, or otherwise on account of any differences
betweon the
amount of work actually performed and materials actually furnished and the estimated amount of
work.
The City reserves tha 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 Flue (15) Peree»t of the total bid.
I hereby acknowledge receipt of ADDfiNDUM(s) numbered ~ through -~
EAST OF ASPEN TRAIL II
BID SCHEDULE
APRIL 28, 2010
BID SCHEDULE A - CITY OF ASPEN WORK LIMITS
201-00000
CleeNq and Gmbbinp
1
LS
$ !~ --_.
~ L~>,.
2014NM01 RenrovW d Structure (larxleape Plar4er) 1 LS $ / 6S. iO $
!b$."
202-00019 RerrvwW d Inlet 2 EA $ - ~W. °D ry
$ 6 ~. ~
202.00035 RemwWdPipa 22 LF $ /$: °D $ 3r30.•a
20200165 RamavW d WeN (Selvage Rack) 1 LS ~$ a t7Lb, e• s a ~.°°
202.00203 Ran°vd d Curb & Golfer 805 LF g . S< $ $; /[~a, S9
20200210 RemwW d Convert Pawrrrard 415 SY $ Ip, °O $ 4, 45D. °p
202-oD220 Removal d Asp1aN Mat (Fall Depth) 1177 SY S ~p. •~ $ 7 AS
202.00250 Removal d PavenroM Marking (Sand &as9np) 267 SF ~ S ~j"f$•
202.00400 IiemovWdBfidpe 1 LS S rf~.m : aaoo,°~
202-00503 Removal d Ponies. a PrewM Sbuauro (Caarete Pedo) 6 SY $ - as• -° 3 ~ Sp , pe
203-OODtO Undacaifrod Excavaflan (CIP) 178 CY $ Ic7,. pO $ a•
203-00270 Bofrav (CIP) 100 CY $ I .°O $ ~
207-00205 Topedl 350 CY $ . pO S gyp, 3L~?a
208-00000 EroWOn Comm) 1 LS S 5,~p,~ $Tp(b.pa
210-00010 Reset Ma9bvr Stnlcdue 3 EA $ I f/$, °O $
210-00060 Rests Fka HydreM 1 EA $ $OD • pO $ 00.
210-00810 Resat Ground Sign a EA $ , °D $ ~ ~(~$f) .
z1o-ono1D Ad)unMadlde 7 EA a 500.. $ 3
5m.°°
210-04050 AdjuW Valve Box g ~ . I --r °°
=-L r
$~~mp
210-04051 AdluWV~lveBozSpedW(lovrerwatarvWvelnplainerbox) 1 EA $
I •• $ { eO
218-00035-000 Emdon CorBrd BMMM 1000 SV ~ $~
3oaoeDDO Aggregate base Courw (Class e) zao rn $ ~~ $ , ooo. °O
308-01000 ReandtloninB (kvD Subyade PrepvWlon)12' DepN 1496 SY E . 7-g $ , 75
103.33811 HMA (Gradnp S) (700) (PG 58.28) - pakhirp 31 TN $ 153, $ 4 ••
40334711 HMA (Gratlinp S)q (75) (PG 6&28) 220 TN $ OD E.3Dr INp. 0O
40334811 HMA (Gradnp SX) (100) (PG b826) - patching 9 TN $ 5 .O° $ I ,'a'j7, ~a
504-03410 Nonstructural Relalninp WWI (BoWtler) 462 SF $ ties. ^~ $pe
504-03411 Retalrirp WWI (Basest) 446 SF $ '~, •b__ $ 9 , 740 ••°
60404410 Bock Fadnp [CIP] 4711 SF $ 5. M ~SI p . °D
501-woop Soi NWI 218 LF $ .O0 $ ~.4se °'
504-%XX%X Shc NWI WaN Fadnp 288 SF $ .OD $ O•
SDB-0DZ,2 wprap(,zlna> 20 cr $ yo.~ s Q~,do
801-03020 CavWa Clwa D (Flapvlxk) (8" DepOr) 114 SY $ 00 s ~, yRS a•
801-03020
601-03025 Corrdels Claw D (Flalwork) (6' Dep11Q
ConvWe Ciaw P(FlWrwrk) (8"Depth) (San Diego BuR) 77
88 SY S 7 OD
` $ ~
SY $ $
601-03025 Concrete Clws O (FWapk) (8• DepN) (San Diego BuN) 155 SY $_7, o $O°
801-003052 Canaete Retaining WWI 402 SF $ . °~ E f.)(~ .O°
60330012 121nch PlaeNc%pe 50 LF $ p• $ a,J ~p,p°
601-19000 Inlet spear (CNyd Aspen Etq 302-0) 1 EA $ 3, app °O a°
801.19001 Inlet SpedW (Prdrxkred 21' Dla IMet w/ Pstlernen Grate) 1 EA S "I D.°O s ~ r 7~ .pO
801.19410 IMet Type R Spadel (10 Fad) 1 FA $ Sr DOD.° $ $, DOO . •O
808-OD301 GuerdrWl Type 3 (83 Pat Spadnp) (Cohn Finkh) 164 LF $ a $ p
80802005 Entl Andtorepe (Flared)
2
EA pe
$ O. pa
$ 017.
807-11455 Fence Wood 170 LF $ ,. • $ a,g°s. ee
80800012 ConaMe Curb Ramp(SteW Truncred DOmw) 137 SV $ Q7.°O $ ~ ae
•
60&21020 Curb antl Gutter Type 2 (SecBa Its) 1241 LF . $ OD
b $ °O
Bt0A002d Median Cover MWSdW (41nch Psdemed Coraele) 17 3F ~
s° $
••
814-00011 sips Penal (clew q se sF $ ~ o . `° $ b0. pO
814-015D3 SIeW Sign Support (2dnrh Rantl) (pool end Sadcr) 8 EA S . °O S ~ 20. pO
825.00000 ConWnxsia Survayinp i LS 'J S o° i g.~~.00
82800000 MoblNzetim 1 LS $ L} a54r 137 ~
CrrvPROJECTN0.2010-028
EAST OF ASPEN TRAIL II
BID SCHEDULE
APRIL 28, 2010
827-00004 Fxpozy PevangM Maddnp 486 SF
82880000 P7Nabd®ted Petl. Bdtlpe (Hwy. 82 Roadn9 Fork Croulnp) 1 LS
828-00001 Pralahdceletl Ped. Bridge (SalveBOn D6M Crosairq) 1 LS
82&00004 Prefbdpletl Pad. Bridge (Ula Avenue) 1 LS
830.00000 Traffic Carnroi 1 Lg
0
l~i rGl~dr../E'~~~r'"~T`i°'~`~r°r.1b`L- TOTAL BID SCHEDULER s54~F~193.as
r+rrrpv7tO( N%My T1/QteL[ T/1(yTN•t~ ~'W (BW Schetlule A Total WrBten In Words)
Tay ~~ c~ .
BID ALTERNATE -CITY OF ABPEN WORK UMRS
203-00010 UndaesMed E><rave6on (GP) 80 CY
403-34711 HMA (Gratlirq SX)(76xPG 6838) 10 TN
412-00800 ConaeN Sidewalk (B" Depth) (San Diego Bulf)(STA 13+85 to STA 96+40 oNy) 1276 SY
/' 1 I ~~/~~ TOTAL BID ALTERNATE
SEVS~T><y 1~DVR ThbusnnJ Two /~.~Yrp4'Y/I /-/-/~y-S(Bid Alternate Total Wrttlen In WoMa)
lti~/ sa/ sa/ ~ °°/sew--
BID BCNEDULE B - PITKIN COUNTY WORK LIMITS
201.00000 Geadrp arts Grubbinp 7 („S
207.80210 Removal d Calaale PevemaN (Flaetetl Driveway) 16 SY
202-00220 RemwM of AsPheB Mat (FWI DePBI) 736 SY
202-00810 Removal of Ground SIBn 2 EA
203~W010 Undnaified Ezeavalian (CIS 160 CY
203-oozlo Borrav(cIP> eo cr
zo7-oozos ropeal 460 cv
206-00000 Erodon Coned t LS
210-00070 Rests Mafilw. Stmdum 2 FA
210.00870 Reset Ground SI9n 2 FA
210.04050 AdjuN Vats Bex 4 EA
304-00000 Crusher Fiore 22 CY
304-08000 Apprepeh Base Course (Geese) 90 TH
308-01000 RecaWkiadne (MID Subprode ProparaWn) 12" Depth 1053 SY
403.34711 HMA (GraWny SX) (75) (PG 68.28) 145 TN
50409411 Refakdnp Wall (BOUkler) 792 3F
50404400 NonStmdural frock Faring [CIP) '~ 628 SF
604.04470 frock Faring (CIP] 998 c~
600.011212 RipraP (121nch) 20 CV
801-09026 Concrete Clan D (Flatwork) (8" Depth) (Ssn Ge9a Bute 106 SY
803-10180 181nch COrngeted $leel WDe a LF
807-17456 Fence Wood 397 lF
808.00072 Concrete CuN Ramp (Steel Tmrwated Dames) 18 SY
80&21020 Curb and Guaar Typo 2 (Seadon II-B) 170 LF
825-011000 Coneaudion Surveyirp 1 (~
eze-aoooo Modl~e6on 1 Ls
828.00009 Plelabl{ratetl Ped. BddOe (Stlllwaler DrJ 1 lS
630.00000 Traffic contra 1 ~
SS 7~. ~
w
eo
S RCO. °'
$ Ge
S 40 00
$ 61SSo
~5 ~t"T10,-s
---II--}-0~ , Oe
S 7oO.eO
i 16 215b,
E ~0 QD
/bve ~,~~ 1~~y FYE / AwS7rto'~ TOTAL BID SCHEDULE 8 S S d . ~S
E~ ~.e1d.,r..l Sx Z~+//wrs ,s~cl ~'+~l (Bid sa,oawa B ratal wdBOn m w9raa)
'~~m p~L`T rio. Zotooz9
: Ia.eO
: .~
6 1 .eo
8 GOO. °p
EAST OF ASPEN TRAIL II
BID SCHEDULE
APRIL 28, 2010
ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PPoCE COST
TOTAL BID SCHEDULE A+ BID 6CNEDULE B IN NUMBERS:
TOTAL BID SCHEDULE A+ BID SCHEDULE B IN WORDS:
1 eciemwledge Thal in submining this bid it is understood that the right to tejeel any and all bids has been rosetved by the
Convector s Neme;
Authoriecd Omcer
Full name sigtmturo:
Company address:
Telephone number:
Fax number
Attested by
g 70 , Ca00. "°
~%9/I f fiRua~re~ Se~wt~r
/Igrs Avtd ZSso
C17Y PROJECT NO. Zd7D02B
910 - 98 ~ - 3rfo5~
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ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE (MMA)DIYYI
05/14/10
1-303-534-4567 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER ~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
INA of Colorado, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1s6o 17th stress
Suite 600
INSURERS AFFORDING COVERAGE
Denver, CO e0x0a
SURED INSURER RIBStnminnaG IIlBYYHIICa COm anieB
IN
Heyl Conetructlon Inc. INSURER B: Bituminous Iaeuraace Conpaniee
6460 CR 33s INSURER C:Pinaacol As aureate
INSURER D'.
New Castle, CO 81647
INSURER E:
COV ERAGES
EN ISSUED 7O THE IN
SURED NAMED AB
OVE FOR THE POL --
ICY PERIOD INDICATED. NOTWITHSTANDING
TH E POLICIES OF INSURANCE LISTED BELOW HAVE BE
RACT OR OTHER DOCUMENT WITH RESPECT TO WH ICH THIS CERTIFICATE MAY BE ISSUED OR
AN V REQUIREMENT, TERM OR COND ITION OF AN1V CONT
GED H EREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH
S
MA THE INSURANCE AFFO
V PERTAIN RDED BV THE POLICIES OESCR ,
PO ,
LICIES. AGGREGATE LIMBS SHOW N MAV HAVE BEEN REDUCED BV PAID CLAIMS.
POLICY EFFECTIVE POLICY EEPIRIITIDN LiMRB
INSR TYPE OF INSURANCE POLICY NUMBER
10/01/09
10/Ol/10
EALH OCCURRENCE E1, 000, 000
A GENERAL LVtBILITY CLP3x67383 FIRE DAMAGE ArrymeNe) $100,000
X COMMERCIAL GENERAL LIABIRY
MEO EXP Dne pemon $5,000
CLAIMS MADE OCCUR PERSONALBAOV INJURY $ 1,000,000
X PD Dad: 1,000 000
000
1
GENERAL AGGREGATE ,
.
$
000
000
a
PROOLICTB~COMP/OP AOG ,
•
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GEN'L AGGREGATE LIMB APPLIES PER:
pOLILy X PRO LOC
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AUTOMOBILE LUBILITY
CAP3s3x978
10/01/09
10/Ol/10 COMBINED SINGLE LIMR y1, 000, 000
(Ee aoitleml
X ANV AUTO
ALL ONMEO AUTOS BODILY PIJURY
(PM Peron) $
SCHEDULED AUTOS
% HIRED AUTOS BODILY INJURY
(PM actltlem) E
X NON-OWNED AUTOS
PROPERTY DAMAGE
actltleM)
P $
(
er
AUTO ONI.V-EA ACCIDENT $
GA RAGE LIABILITY
R THAN EA ACC
$
ANY AUTO OTHE
AUTO ONLY: AGG E
CIIPx686970 10/01/09 10/Ol/10 EACH OCCURRENCE $ 1,000,000
A EXCESS LIABILRY AGGREGATE E 1, 000, 000
X OCCUR ~ CLAIMS MADE
a
DeoucrlBle
X RETENTION $10,000
4076x79
10/01/09
10/Ol/10 _
% TOCR1~A RS ER E
C VIORNERa COMPENSATION AND
EMROYERS'LVIBILRV
EL EACH ACCIDENT
$1,000,000
E.L. DISEASE-EA EMPLOYE $1,000,000
E.L. DISEASE-POLICY LIMR E1, 000, 000
OTHER L
5
i
DESCRIPTION OF OPERATIONS/LOCATIONa/VEHICLE&EXCLUMONS ADDED BY ENOORSEMENTISPECIAL RtOYI810NS
Additional Inaurede on rho Geaaral Liability Policy i
d
l
d
e
as
u
City of Aapea aad Colorado Dept of Traaeportation are inc
reement aad with respect to cork perforated by Insured subject to the policy terms
ct or a
t
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ra
required by written con
and conditions.
CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER IETTFIi: ~,/~^~~~~^"~•`
AH: 8a9t Of Aapea TCiel II. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE GNCELLED BEFORE THE EXPIRATION
GATE THEREOF, THE 18SUING INSURER WILL ENDEAVOR TO tMIL 3U DAYS WRIREN
City of Aspen
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LVIBILRY OF pNY NIND UPON THE INSURER ITS AGENTS OR
130 B. Galena SCreet REPRE8ENTATWEB.
Aapea, CO 81611
IIBA AUTHORIZED REPRESENTATWE
m ACORD CORPORATION 1988
ACORD 25•S (7197) franc lne
1s7aoua
n. p 1/3
5/14/2010 19:24 Remote ID Imprint ID
City of Aapea
TO
Fax: 1-970-9a0-5128 Athl:
Heyl Coaatructfon Inc.
FROM
Phone:
IMA of Colorado, Inc.
Agency:
Phone: 1-303-534-4567
Subje ct: eeyl Construction Inc. COI for C1 ty of Aspen
If you have quastioae regarding the content of ehie document, please contact
the Producer/Ageae 1l ated oa the eartiiicate of insurance.
cc: *J.OANLBY®H6YLCIVIL.CO!! (8llAIL)
The data included in this notice and in the attached document is confidential
to Ebix BPO and the party responsible for bringing you this information.
AFFIDAVIT OF COMPLIANCE
East of Aspen Trail II Project
PROJECT NUMBER: 2010-029
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 perforrnance of a Contract. The undersigned further
aclmowledges he/she understands and agrees to all terms and conditions of the Aspen Municipal
Code grid its being part of the Contract with the City of Aspen.
"tippten n ~~: rp,, r+
,``' Gr.tinstr~, ~,. ,,
w`t ` , ...... /p? ,
_~ ivt~~ng~ F ~-.
Attest: _ -_
~:7J~~ -
Corporate Seal
•~ 2 .
. ' e`
J~
~s'er~~4ee ,~upyi~f~~~~~
STATE OF COLORADO )
SS.
COUNTY )
,~yL ~a~s~-~.~o,-- ~ .
Contractor
By:
Before me .~ D i , a notary public and for c~~
County, Colorado personally appeared own to
me personally to be the person(s) whose signature(s)in my presencethis 'S~ day of
A.D. 20/J~.
n q~~(i~i
My commission expires: ~"~ ~,~ ,d.. ;'~_
.~~°.d• c~~p
`~n pY
~i s.
. ~ ~
/.~~
Notary Public
LIQUIDATED
for
FAILURE TO COMPLETE
DAMAGES
THE WORK ON TIME
The undersigned contractor declares his/her full awareness of the content and terms of this contract
and affirms that the contractual tone is the period mentioned in the contract Specifications plus the
time extension(s), if any, granted by the City of Aspen for successful completion of project. The
undersigned contractor further acknowledges he/she understands and agrees to liquidated damages
to be deducted from moneys due to him/her for any delayed calendaz day beyond the total time at
the rate of $700.00 per day . This amount .and the total allowed time by the City shall not be
negotiable under any conditions.
..,.a•,,s~~:~~r~„n.
`~eY` ~onstrp''~-.
~`~•'~•GORPp c~~O
_ ~~~, tr ?n '_
Attest: ~, ~ l~s~
Corporate Seaf, •~~oRAOO -- ~ L ~ ~~~'~ 'V~
By:
STATE OF COLORADO )
SS.
COUNTY )
Before me ~ b c~. ~ _ , a notary public and for ~i~~¢wr®
County, Colorado personally appeazed /'f-O~J ,~~~UC'~-P~ known to
me personally to be the person(s) whose signature(s) in my presence this y day of
A.D. 2010.
MvcommissionexPires: ~Stl,f~~~.~~;rt!art~. .,: €~~~~i~)!>~'~u
(S~) Notary Public
~.~oct'~t~ua®~r~'e f®
r•-',~ ft`s _'°.
t~ ~ . ~- ~~
a~ ~~ e P, c_..,
..o
°,-:-'
CERTIFICATE OF INCORPORATION
(T'o be completed if Contractor is a Corporation)
STATE OF ~•cild )
7~)SS.
COUNTY OF
On this `/ day of /Y! , 201 D ,before me appeared
~jy fj e~ii~i ,cr to me personally known, who,
of
being by me first duly sworn, did say that s/he is _
~J ~~/ ~~~ y~~~j~; j ~, 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 yeaz in this certificate first above
written. ^~^s,rr<•,e
... .. ".. ~..4se "^'a.~ ~'/i~.
.~ ,~
r ,£ Notary Public
"` " ~` ` ~ ~`~;;;= HEYL CONSTRUCTION INC.
6560 CR 335
'' fJE~/y rgSTLE CO 81647
.~iF ~' ;)rll~ Address
I1 {{ ', P ry
My commission expires:
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.
Certification and Sunnlemental Conditions to Contract for Services -
Conformance with &8-17.5.101, et seq.
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bi1106-1343 that added a new
article 17.5 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 wntracts with an illegal alien to perform work under the contract. The new law also requves that
all contracts for services include certain specific language as set forth in the statutes. This Certification and
Supplemental Conditions bas 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 156, 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 of 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 wntract with an illegal alien; and
(ii) Contractor has participated or attempted to participate N the Basic Pilo[ 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 terms 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 shalt 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 Contrndor has not been accepted into the Federal Basic Piloi
Program prior to entering into the Public Contras 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 months thereafter, until Contractor is accepted or the public contras 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. Contrasor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job
applicants while the Public Contract for Services is being performed:
5. If Contrasor obtains actual knowledge thaz a subcontractor performing work under the Public Contract for
Services knowingly employs or contracts with an illegal alien, Contrasor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contrasor has asual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
(ii) Temtinate 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
subcontrasor provides information to establish that the subeontractor 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 Contras for Services pertaining to the duties imposed by
Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contras for Services. If the Public Contras
for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen
arising out of Contractor's violati~on~ of`Subsection,~8-17.5-102, C.R.S.
Public Contras for Services: t"J`7`~ QG / ~~<<- ~_
JPW- saved: 4/13/2010-867-M:\city\cityatty\contras\forms\certification - hb-06-t343.doc
C~(~
Bond No. 2101988
rERrvi~riFirtiiCE Bviv~
IWOW ALL PERSONS BY THESE PRESENTS: That we, the undereigned, ae, Heyl Construction, Inc.
having a legal business
address at 6560 CR 335, New Castle, CO 81647
a Corporation as Pdncipel, hereinafter called "Prindpar, and
North American Soecialty Insurance Comoanv
650 Elm Street. Manchester. NH 03101
ymna a ameo'1
a crorporatbn organized under the laws of the State of New Hampshire ,and qualified to bansad
business b the Slate of Cokrredo, hereinafter called'Surely', ere held and tkrrdy bound unto the City of Aspen, a
Cdoredo home rule munklpality, as Obliyee, hereinafter called'City', In the amount ot.
Eight Hundred Seventy Thousand and 00/100 Dollars ($ 870,000.00 1, In
larvfui money of the Unsetl states for paymem whereat Prrnapar ano ~urery orno memserves, mar Hasa,
executore, adminfsVaVxs, suaresaors and assigns, jointly end severatly, finny unbo these present
WHEREAS, Prirxdpal has by written agreement dated Mav 24 .2010 eMared
into a contrad with City for the East of Aspen TreN II Project hl accordance with the Contrad Doamarrte whbh
Contrad Documents b by reference made a part hereof, and b hereinafter referred m as the Contrad.
NOW, THEREFORE, if Prindpai shell well, trury arxi faithfully psrtorm lte dudes, ail the urrderbkir~s, wvenatds,
terms, conditlons and agreements of Bald Cortbad during the original tens thareoL and arty exbsneiona thereof
wh~h may be granted by the City, wUh ar without notlce to the Surety end duritg the guaranty period, and if
Principal shat satisfy aq claims end demands Incurred under such Contract, and shall fatty indemnify and save
harmless Ctly from all and damages whidt It may suffer by reason of failure to do so, and shall reimburse
and repay the City all outlay and e~rpense which the City rrray Incur in making good any defauM, then this
obUgatbn shall be void; otherwise it shall remain in full force and effect
The Surety hereby waives notice of arty alteration or ex~rrsan of time made by the City.
Whenever Prinapel shall be, and declared by City bo ba b default under the Contract, the City having performed
City's obtlgatbn hereunder, the Surety may prompty remedy the default or shall promptly.
(1) Complete the Contract In accordance with Ib terms and condtifons, 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, U the Cily sleds, upon determinetlon by the
City and Surely jointly of the lowest responsible bidder, arrange for a cordrad between such bidder and
City, and make avaUeble as work progresses (evert though there should be a default or succession of
defaults under the Contrad or Contracts of cornpledon arranged under this paragraph) sutncient funds to
pay the cost of completion less the balance of the contract price, including other costs and damages for
which the Surely may be liable hereunder, the amount set forttr in the lust paragraph hereof The berm
"balance of the Contract prkse" as used In fhb paragraph, shad mean the total amourft payable by City to
Pdndpal under the Contract and any amendments thereto, lees the amount properly paid by City to
Pdndpal.
(3) Any ca,tred or succession d contreds entered into hereunder for the completion of the Contract, shall
also be subject to this bond as part of the original Contract obUgatbns.
Thb tmnd Is InteMad to be in satisfaction of, and in addition to, the bond required pursuam to Sedbn 38.26-
106, C.R.S., as amended.
ThB bond, as a penalty and indemnification bored, shatl also endtb City to recover as pert of the compbtion of
the Contrail a the payment of arty labor or material costs txueunder, actual and consequeniiai damages,
Ilquldahsd and un9quklated damages, costs, reasorreble altomeya fees and expert wibress Saes, indudlr3g,
wNhout limti~orre, the tees of engineering or ardlkectreal oonsultantg.
Surety, for vskre received, hereby stipulates end agrees that to indemnify and save harmless the City to•the
extent of arty end all peymerrts in connectlon wdh the Denying out o}>he contract which the City maybe roqulred
to make under the law by arty reason of such fedArre oY default of the Prindpat
Further, Surety aril Prficlpal shall protect, dilend, Indemnify and save hamttesa the CMy's atRcers, agents,
servants, and employees flan and against all claims end actions and ati expenses incidental tb the deferme of
such deems or actions, bred upon or arising out of krjur~s or deatlr of pennons or damage b property caused
by, or suelahred kr connection witit, this Cohb'act by conditlons created ttrereby, and on request of the City will
~surne the defense of any dalm or action brought against the City.
No right of action shag aocme on this Bond to a for the use of any person or cxtrporetlon other than the City
named herein or the employees, agenis, admkriatrators or successors of City.
SIGNED AND SEALED this 24th day of MaY . 201U.
PRINCIPA • Heyl C nstrudion, Inc. (~)
By; ~ Attest
-ntie: r~5 ti
NO'iE: Accomperry this bond with cetthled copy of General Power of Aftomey from the Surety b IncWde the da`z
Df the bond. (Date of Borxf_ must not be prior tb dabs il Contrail.) If Prindpal is Partnership, all partners shook;
execute Bond.
IMA
' ,550 17th Street. State 600
Denver, CO 80202-1657
Phurte 303.534.4567
Title: Kristen L. McCormick, Attorney-in-Fad
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 hrsurance Companry, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Indemafional
Insurance Compatry, a corporation organized and existing under the laws ofthe State of Arizara and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
SARAH FINN, SHERYLL SHAW, MCOLE L. McCOLLAM, ROBERT L. COHEN, Si1E WOOD, ROBERT J. RETTER
BRADLEY J. JEFFRESS. JENNIFER BUB, KRISTEN L. McCORMICK and KEITH M. THOMPSON
JOINTLY OR SEVERALLY
Its tore and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obfiga[ory in the nature of a bond onbehalf of each of said Companies, as surety, on contracts of suretyship as aze or may be requved or permitted by
law, regulation, confiact or otherwise, provided that no bond a undertaking or cotdract or suretyship executed under this authority shall exceed the
amourd of 7WENTY_FIVE MILLION (525,000,000.00) Ix1LLARS
This Power of Attomey is granted and is signed by facsimile under and by [he authority of the following Resolutions adopted by the Boazds of
Directors of both North American Specialty hrsrsance Comparry and Washington hdermtional Insurance Company at meetings duly called and held
on the 24m of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, arty Vice Presidend, arty Assistant Vice President, the Secretary or any
Assistant Secretary be, end each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attomey to execute on behalf of the Comparry bonds, undertakings and ell conhacis of surety, and that each or anry of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Compatry; and i[ is
FURTHER RESOLV ED, that the signature of such officers and the seal of the Company may be affixed to arty such Power of Attomey or to any
certificate relating thereto by facsiaile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Companry when so affixed and in the future wiffi regazd to arty bond, undertaking or contract of surety to which it is attached."
Wr1a11U,y~ e
.SERI :ns Steven P. Mae~mn,Pemltlmet CNef Etemave Ulllm of Wembgbn lnhrnWmnl lnmemia COmpny& ~ ~~~{~
1e» 'n vkePrt+Eeelofl:aaAmulwnSp[tlWylnwneaCompny $EAL
.~
oae st. r.q m, vra eRaaem ~we~npm~ rnraoumwmm.ma conQ~s
nor rrename ~Nmm nnenfm 5pemay comma cmepmy
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington hdemafional Insurance Company have caused [heir
official seals to be hereunto affixed, and these presents to be signed by thew authorized officers this 3atr day of Oct°ber 20 07
North American Specialty Imsuramce Company
Washington Internatioeal Imsuramce Company
State of Illinois
County of Du Page ss:
On this 30th day of Ocutber , 20 U7 before me, a Notary Public personally appeazed Steven P. Anderson ,President and CEO of
Washington International Insrance Company and Vice President of North American Specialty (nsumnce Company and David M. layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally lmown to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies. ,
"OFFICIAL SEAL" ~ ~~
SUBAN NtiSEL
170kry PWi4 StpeofTtinos" Susan Ansel, Notary Public
I, dames A. Caroanter ,the duly elect
International Insurance Companry, do het
American Specialty insurance Conrpanry
of North American Specialty Insurance Compatry and Washington
foregoing is a true and correct copy of a Power of Attomey given by said North
Insurance Compatry, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and atTixed fhe seals of the Canpaties this ram day of btay , 20 to .
c~""~a..7g-~6`.
Fenes A Cepmfc, Vi:e Prmdmt dAes4nl Semiay of WssM1irgtm lnteretiwW Nmnnce Carynyd
xamAmeian Spmielry hisana Ca,~my
Bond No. 2101988
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
Heyl Construction, tnc. having a legal
business
(Prlr~clpW'B rtBflM)
addres8 at 6560 CR 335, New Caslle, CO 81647
s
a Corporation as Prindpal, hereinafter called °Prindpal", and
North American Specialty Insurance Company
650 Elm Street, Manchester, NH 03101
B B
a corporation organized under the laws of the State of New Hampshire. and qualified to
transact business In the State of Colorado, hereinafter called °Surety", are held and flm11y
bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter
called °Cit)~', in the amount of
Eight Hundred Seventy Thousand and 00/100 Dollars ~$ 870,000.00 )~ in
lawful money of the United States for payment whereof Prindpal and Surely bind themselves,
their heirs, executors, administrators, successors and assigns, jofrdly and severally, firmly
unto theme present
WHEREAS, Principal has by written agreement dated _ May 2a .2010, entered
Into a contract with the City for a protect entitled: Fast of Aspen Trail 11 Pn, ject in
accordance with the Contract Documenrts which Contract Documents is by reference made
a part hereof, end Is hereinafter referred to as the Contract
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 3s such that, "rf Prindpal shall
promptly make payment to all claimants hereinafter defined, for aN labor and material used or
reasonably required for the use in the performance of the Contract, then this obligation shall
be void; otherwise i[ shall remain in full force and effect, subject, however, to the following
condkions:
1. A Claimant is defined as having a direct contract with the principal or with
subcontractor of the Principal for labor, material, or both, used or reasonably required for the
performance of the Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable
to the Contract.
2. The atxive-name Principal and Surety hereby jointly and severaNy agree with the
City that every claimant as herein defined who has not been paid in full before the expiration
of ninety (90) days after the date on which the last of such claimant's work or labor was done
or performed or materials were famished by such claimant, may sue on this bond For use of
such sums as may be Justly due claimant, and have execution thereon. The City shell not be
liable for the payment of any oosfs or expenses of any such suit.
3. No suft or acfxm shall commence hereunder by any claimant:
(a) Unless clafmarrt, other than one having a dhecl contract with the Princ~al
shall have ghren written notice to any of the following: The Prhdpal, the City, or the Surely
above named, wfthin ninety (90) days after such claimant did or performed the last of the
work or labor, ar furnished the last of the material for which said daim is made, stating with
substantial accuracy the amount claimed and the name of the party to whom the matarlals
were furnished, or for whom the work of labor was done or performed. Such notice shall be
served by mailing the same registered mail or certified mail, postage prepaid, G~ an envebpe
addressed to the Prindpal, City or Surety, at any place where art ofAca is regulargr
maintained for the transaction of business, or served in any manner in which legal praoeas
may be served in the State of Cobredo.
(b) After the expiratbn of one (1) year fdlowing the date on which Prindpal
ceased work on said Contred, it being.underetood, however, that ff any limitation embodied
in this Bond is prohibftad by any law oontroliing the construdbn hereof, such limftatbn shall
be deemed to be amended so as to be equal td the minimum period of limftation permitted by
such law.
(c) Other than in a state of competent jurisdiction in and for the Courrty of
Piticin, State of Coloredo.
4. The amount of this Bond shall be reduced to the extant of any payment or
paymerds made hereunder, inclusive of the payment by surety of liens or claims which may
be filed of record agah'rst 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 satisfadlon of, and in addftion to, the bond required
pursuant to Section 38-26-105, C.R.S., as amended.
8. No final settlement between the Cfty and Principal shall abridge the fight of any
beneficiary hereunder, whose daim may be unsatisfred.
SIGNED AND SEALED this 2acn day ~ May , 2010,
PRINCIPAL: Heyl C nsVuction, Inc. (Seal)
gy; Attest:
Title: ~~~ t~7Lh,~
SURETY:
(seal)
~~MOA n(1~Q, fl/t.G),/1.(JI Af`Qn
Philip J. Monasch
~~; Kristen L. McCormick, Attorney-in-Fact
NOTE: Aocomperry this bond with osrtified copy of General Power of Attamey from the
Surety Company td include the date of the bond. (Date of Bond must not be prior to data of
Contract). ff Principal is a Partnership, ail partners should exearte Bond.
lMA
I tsso tlm Streeq spire 6ao
Denve[, CO 80202-1657
Phone 303.534.4561
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 Instrance Comparry, a cpnpomtimr duly organized and existing unlder
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Irdemational
Instance Comparry, a corporation organized and existirg tinder the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does la;reby make, constitute and appoint:
SARAH FINN, SHERYLL SHAW, NICOLE L. McCOLLAM, ROBERT L. COHEN, SlJE WOOD, ROBERT J. REITER,
BRADLEY 7. JEFFRESS JENNIFER BUB KRISTEN L. McCORMICK and KEITH M. THOMPSON
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as staety, on corlhacts of stnetyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or »ndertaking or contract or staetyship executed tinder this authority shall exceed the
amotW of: TWENTY-FIVE MILLION (525,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsirnile under and by the authority of the following Resdutions adopted by the Boards of
Directors of bothNorth American Specialty Insurance Comparry and Washington Inderrntionlal htstuance Company at meetings duly called and held
on the 24u' of Mazch, 2000:
"RESOLVED, that any two of the ResideN, any Executive Vice President, arty Vice Residerd, arty Assistant Vice Resident, the Secretary or anry
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named vn the given Power
of Attorney to execute on behalf of the Comparry bonds, undertakings and ell contracts of surety, and that each or anry of them hereby is atffiorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Compazry; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company maybe affixed [o arty such Power of Attorney or to arty
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile sigrlattues or facsimile seal shall be
binding upon the Company when so affixed and in the ftrture with regazd to any bond, undertaking or contract of staety to which it is attached."
.~ntMleuunH t~°i~
yv- .... ~ X0+0 ~"'
~!'~~ SEAI- z Steven!. Andernn, rrwtlenl&CMel E~emave Olll~ofWMMabnlntrnWrnM Mremne Compeny& ~
sgy'~'k.~ ,t~s~ VkePn+aern ofM1SaiAmAnn spWMrylmennn Cnmpey gA '
'7, .. MV~,q~~ 3 ~~~~jj
IIN ~. ~~- 'nN
Dnvid M. Lawn, V4s Psddml RtVe~6gm rmavtllmelnnurm¢ Cmrgeor
vkn Pnaamt ~xostn Arnrfm apechay m...ea cr.rgeoy
IN WITNESS WHEREOF, North American Specialty Insuraztce Company and Washington hdetnationlal Insurance Company have caused therr
official seals to be hereurdo affixed and these presents to be signed by their atrthorized officers ttis Salt day of Ocr°ber 2007
NorW Ameripn Specialty Instance Company
Washington InterreHonal Instance Company
State of Illinois
County of Du Page ss:
On this 30th day of October 20 ~~ before me, a Notary Public personally appeared Steven P. Anderson Resider and CEO of
Washington Intenratiortal Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice Resident of Washington ht[ematiortal Insurance Compazry and Vice Resident of North American Specialty hlslnance Comparry,
personally known to me, who being by me duly sworn, ackrowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and wed of their respective companies. j
"OFFICJAL SEAL" L ~_
SUSAN ANSEL
lbtary PotliG SYneotp'Inois Susan Ansel, Notary Public
Hi' Camnisaial EigIiNS 71Hrp06
1, lames A. Carpenter ,the duly elected ~ sicfant Secretary of NorthAmedcan Specialty Irsurance Company and Washington
International Insurance Comparry, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Instaartce Company and Washington International Insurance Company, which is still th full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Comparies this zam day of Mar - 20 to .
IrmesA Cmpmlc, VzePrtsidmtd ASA9ad SeadayoFWeslwigtas IDfaratlonel IDasnnce Carynyd
nuMAmnion 9pmidly ]nsimae cmqury
Bond No. 2101988
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned,
ag Heyl Construction Inc. , Uf
6560 CR 335 New Castle, CO 81647 , as Principal, heroinafter referfed to as
"Prncipal", and North American Specialty Insurance Company , a corporefion OrganlZed
under the laws of the Stabs of New Hampshire ,and qualified to transact
business in the State of Colorado, as "Surely" are held and firmly bound unto the City of
Aspen, Coorado, as obligee, hereinafter referred to as "City," to the penal sum of:
Eight Hundred Seventy Thousand and 00/100
Dollars ($ 870,000.00 ), lawful money of the United States of America, for the
Payment of which sum, well and truly to be made to the City, we bind ourselves, and our
heirs, executors, administrators, successors, and assignees, joirnly and severally, by these
presents:
WHEREAS, said Principe) has ernered Into a written Contract with the obligee defied
May 24 .2010 , for famishing all equipment, labor, tools aM materials for.
East of Aspen Trail II Project
in accordance with detailed plans and specifications 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 obligations are such that ff the said
Principal shall well and truly perform all the covenants and oondldona of this Contract on the
part of said Principal to be pertormed, and repair or replace all defects for a period of iwo
year(s) as provided herein, and protect and save harm~ss the City of Aspen, Coorado, from
all loss and damages to life or properly suffered or sustained by any person, fimt or
corporation, caused by said Princpal or his agerrts or his employees, imthe performance of
said work, or by, or in consequence of any negligence, carelessness, or misconduct in
guarding and protecting same, or from any improper or defective equipment or materials
used in the work, or other damages, cysts and expenses and set forth in such Contracts,
then this obligation shall be void otherwise to remain in full force and effect in law.
This Bond guarantees that the material and equipment famished and used, and
workmanship employed in the performance of the work described in this Contract will be of
such character and quality as to insure it to be free from all defects and in continuous good
order and En a condition satlsfadory to the Governing Body of the City of Aspen for a period
of two year(s) from the date of the issuance of the Carfif~cate of Completion.
This Bond guarantees that the said Principal will keep and maintain the subject work without
additional charge or cyst to the Cily of a period specked, and make such repairs or
replacement of any defective construction as the City may deem necessary.
The said Principal shall not be required ba maintain any part of the improvement under this
guarantee which, after Ns completion and acceptance shall have been removed or altered by
the City or its agent.
SIGNED AND SEALED this 24th days May
2010,
PRINCIPAL: Heyl Construction, inc. (gin
sy; Attesl:
~~T~,I
Title: f'YC.S f~/P. '/~
SURETY:
No eri n S ecial s r n n (SCI)
c' Witness:
By; ~ s ~~tp ~ rnara~ce~l.
Philip J. Monasch
Tide: Wisten L. McCormick, Attorney-in-Fact
(Accompany this bond with cerdfled Dopy of General Power of Attorney from the Surety
Company to indude the date of the bond,)
LMA
I ~sw vm sweet, scare coo
Denver, CO 80202-1637
Phone 303.334.9367
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 Comparry, a corpomfion duly organized and existing ands
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampsldre, and Washington International
Insuruxe Comparry, a corpomtion orgarrized and existing under the laws of the State of Arizona and having its prirwipal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
SARAH FINN, SHERYLL SHAW, NICOLE L. McCOLLAM, ROBERT L. COHEN, SUE WOOD, ROBERT J. RE[TER,
BRADLEY J JEFFRESS JENNIFER BUB, KRISTEN L. McCORMICK and KEITH M. THOMPSON
JOIN7I,Y OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on conh'acis of suretyship as are or may be required or pemritted by
law, regulation, contractor otherwise, provided that no bond a undertaking or contract or suretyshp executed under this authority shall exceed the
amoum of: 1WENTY-FIVE MH.L[ON (525,000,000.00) DOLLARS
This Power of Attomey is granted and is signed by facsirrlile under and by the authority of the following Resolutions adopted by the Boazds of
Directors of both North American Specialty Insurance Comparry and Washington ht[enlafional hlswartce Company at meetings duly called and held
on the 24m of March, 2000: -
"RESOLVED, that any two of the President, arty Executive Vice President, arty Vice Presiderd, arty Assistant Vice President, the Secretary or arty
Assistant Secretary be, and each or arty of them hereby is authorized to execute a Power of Attorney qualifyirg the attorney named in the given Power
of Attomey to execrde on behalf of the Comparry bonds, undertakings and aE contracts of surety, and that each or arty of them hereby is authorized to
attest [o the execution of any such Power of Attomey and to attach therein the serf of the Comparry; and it is
FURTHER RESOLVED, that the signahae of such officers and the serf of the Company maybe affixed to arty such Power of Attomey or to any
certificate relating thereto by facsirlrile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Comparry when so affixed and in the future with regard to arty bond, undertaking or cordract of surety to which it is attached."
.~IWnINgr \1aRtt~j'FW
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s$~~rt~ SFAL ~ Mevm r. AnEe~mn, rnvMenl&CMd EYerntlvnOMm ofW~Ygbn lnlnrnWnntl nnnnenCxnpuy& ~ ~~ `
~3~ ta73 ~:~~ VtrP¢tltlnlofNttM Anetlwn aPWtl7'Inonna Campny S
'~mnum /~
qNa M.~ nn,Vl¢PrtddmtRWW6$m lotnvtll®nlmnu'ma Cwpmr&
Vla P¢tlamr ~N¢m Ametlm 9petlWy Nmmre Canpmr
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington hdematiorlal Insurance Company have caused their
official serfs to be hereunto affixed, and these presents to be signed by their authorized officers this Salt day of fiber 20 07
North American Specially Instn•ance Company
Washington Iuternatlooal Iostrance Company
State of Illinois
County of Du Page ss:
On this 30th day of Olxober 20 07 before me, a Notary Public personally appeazed Steven P. Anderson President and CEO of
Washington Irdematiorrdl Insurance Company and Vice Presider of North American Specialty hlsumnce Company and David M. Layman ,
Vice President of Washington Jntemafional Insurance Comparry and Vice President of North American Specialty hlsurarrce Comparry,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and
acknowledged said instnunent to be the voluntary act and deed of their respective canpardes.
SUSAPIANSEL
PatliC5161eotd
C
/ /
Susan Ansel, Notary Public
I, James A. Caroenter ,the duly elected Assstar±! Secretary o~North American Specialty Ir~urartce Comparry and Washington
International Insurance Comparry, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North
American Specialty Insurance Comparry and Washington Irdemafional huurartce Comparry, wMch is still th full force and effect.
IN WITNESS WHEREOF, I have se[ my hand and affixed the seals of the Canpardes this tam day of May , 20 to .
~~
JsmesA Capmb, ViceFmEm[kASS9ad SeaRSy oFWsslwigtai lnlmatiaW ]nauan¢Caegmyd
Nam Amni¢naprcidq Laam¢Caryury