HomeMy WebLinkAboutresolution.council.071-01
RESOLUTION # 9-f
(Series of 2001)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND STANEK CONSTRUCTORS, INC. FORTH THE
TERMS AND CONDITIONS AS WRITTEN IN THE EAST PLANT FILTER
MODIFICATIONS AS DESCRIBED BY MCLAUGHLIN WATER
ENGINEERS. 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 Stanek Constructors, Inc., and 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 I
That the City Council of the City of Aspen hereby approves that contract
amendment between the City of Aspen, Colorado and Stanek Constructors, Inc.,
and 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.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoffig i, a true and """mate oopy of that reOOlU7"ted by the City
Council of the city of Aspen, Colorado, at a meeting hel c..P J' r
, 2001.
EXHIBIT "A"
CITY OF ASPEN
GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by
reference into Service Agreements entered into between service providers ("Contractor") and the
City of Aspen ("City"). The provisions herein may be interrelated with standard provisions of
the Service Agreement customarily used by the City of Aspen to contract for services. A change
in one document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed to by the
Contractor and the City shall be specifically noted on the Service Agreement.
1. Completion. Contractor shall commence the provision of services as described in the
Service Agreement in a timely manner. Upon request of the City, Contractor shall submit, for
the City's approval, a schedule for the performance of Contractor's services which shall be
adjusted as required. This schedule, when approved by the City, shall not, except for reasonable
cause, be altered by the Contractor.
2. Payment. In consideration of the services provided, City shall pay Contractor the
amounts set forth in the Service Agreement. Contractor shall submit, in timely fashion, invoices
for services performed. The City shall review such invoices and, if they are considered incorrect
or untimely, the City shall review the matter with Contractor within ten days from receipt of the
Contractor's billing. Contractor's invoice shall be for the period ending the last day of each
month and submitted to the City no later than the 5th day of each month.
3. Non-Assignabilitv. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written
consent of the other. Sub-Contracting, if authorized, shall not relieve the Contractor of any of the
responsibilities or obligations under this agreement. Contractor shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or
employee of the Contractor to the extent of the subcontract. The City shall not be obligated to
payor be liable for payment of any sums due which may be due to any subcontractor unless
agreed to in writing beforehand by the City.
4. Termination. The Contractor or the City may terminate this Agreement upon thirty
(30) days notice, without specifying the reason therefor, by giving notice, in writing, addressed
to the other party, specifying the effective date of the termination.
The City shall have the right to terminate the Service Agreement upon three (3) days notice if
Contractor fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10,
13, 14, 16, 19 or 21. For breach of any other term and condition of the Service Agreement,
City may terminate the Service Agreement with ten (10) days prior notice to cure and failure by
Contractor to so cure.
No compensation shall be earned after the effective date of the termination. Notwithstanding the
above, Contractor shall not be relieved of any liability to the City for damages sustained by the
City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any
payments to the Contractor for the purposes of set-off until such time as the exact amount of
damages due the City from the Contractor may be determined.
5. Covenant Against Contingent Fees. The Contractor warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Contractor, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts
or any other consideration contingent upon or resulting from the award or making of this
contract.
6. EQuipment. Materials and Supplies. Unless otherwise agreed to by the City,
Contractor shall acquire, provide, maintain, and repair at Contractor's expense such equipment,
materials, supplies, etc., as necessary for the proper conduct of the services to be provided in
accordance with the Service Agreement.
7. Contract Monitoring. Contractor agrees to allow City to reasonably monitor the
services to be provided in accordance with the Service Agreement.
8. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Contractor shall be, and shall perform as, an independent contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee,
agent or servant of the City. City is interested only in the results obtained under this contract.
The manner and means of conducting the work are under the sole control of Contractor. None
of the benefits provided by City to its employees including, but not limited to, workers'
compensation insurance and unemployment insurance, are available from City to the employees,
agents or servants of Contractor. Contractor shall be solely and entirely responsible for its acts
and for the acts of Contractor's agents, employees, servants and subcontractors during the
performance of this contract. Contractor shall indemnify City against all liability and loss in
connection with, and shall assume full responsibility for payment of all federal, state and local
taxes or contributions imposed or required under unemployment insurance, social security and
income tax law, with respect to Contractor and/or Contractor's employees engaged in the
performance of the services agreed to herein.
?
9. Indemnification. Contractor agrees to lHti€rilnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability , claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
. bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this Service
Agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be
caused in whole or in part by, the act, omission, error, professional error, mistake, negligence,
or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee,
representative, or agent of the Contractor or of any subcontractor of the Contractor, or which
arises out of any workmen's compensation claim of any employee of the Contractor or of any
employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle,
respond to, and to provide defense for and defend against, any such liability, claims or demands
at the sole expense of the Contractor, or at the option of the City, agrees to pay the City or
reimburse the City for the defense costs incurred by the City in connection with, any such
liability, claims, or demands. The Contractor also agrees to bear all other costs and expenses
related thereto, including court costs and attorney fees, whether or not any such liability, claims,
or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment
of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in
part by the act, omission, or other fault of the City, its officers, or its employees, the City shall
reimburse the Contractor for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
10. Contractor's Insurance. (a) Contractor agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by the Contractor pursuant to Section 9 above. Such
insurance shall be in addition to any other insurance requirements imposed by the Service
Agreement or by law. The Contractor shall not be relieved of any liability, claims, demands, or
other obligations assumed pursuant to Section 9 above by reason of its failure to procure or
maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient
amounts, duration, or types.
(b) Contractor shall procure and maintain Workmen's Compensation insurance to
cover obligations imposed by applicable laws for any employee engaged in the performance of
work under the Service Agreement, and Employers' Liability insurance with minimum limits of
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of
qualified self-insured status may be substituted for the Workmen's Compensation requirements of
this paragraph.
(c) If the Service Agreement requires any insurance in addition to that referenced above
at subsections (a) and (b), or a particular type of coverage, Contractor shall procure and
maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the
minimum insurance coverages referenced in the Service Agreement. All insurance coverages
shall be procured and maintained with forms and insurance acceptable to the City. All coverages
shall be continuously maintained to cover all liability, claims, demands, and other obligations
,
assumed by the Contractor pursuant to Section 9 abo,,~. Ih the case of any claims-made policy,
the necessary retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage.
(d) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City, its officers or employees, or carried
by or provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Contractor. No additional insured endorsement to the policies
required above shall contain any exclusion. for bodily injury or property damage arising from
completed operations. The Contractor shall be solely responsible for any deductible losses under
any policy required above.
(e) The certificate of insurance provided by the City shall be completed by the
Contractor's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The
certificate shall identify the Service Agreement and shall provide that the coverages afforded
under the policies shall not be canceled, terminated or materially changed until at least thirty (30)
days prior written notice has been given to the City.
(f) Failure on the part of the Contractor to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may terminate the Service Agreement as provided by Section 4 above, or at its
discretion City may procure or renew any such policy or any extended reporting period thereto
and may pay any and all premiums in connection therewith, and all monies so paid by City shall
be repaid by Contractor to City upon demand, or City may offset the cost of the premiums
against monies due to Contractor from City .
(g) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(h) The parties hereto understand and agree that City is relying on, and does not waive
or intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protection provided by the Colorado Governmental Immunity Act, Section 24-10-10 1 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
I 1. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agenc;y (CIRSA) and as such participates in the
CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of
Aspen Finance Department and are available to Contractor for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered. by
CIRSA. City shall provide Contractor reasonable notice of any changes in its membership or
participation in CIRSA.
.
12. Waiver of PresumPtion. The Service Agreement was negotiated and reviewed
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 the Service Agreement.
13. Certification Regardin~ Debarment. Suspension. Ineligibilitv. and Voluntary
Exclusion. Contractor certifies, by acceptance of the Service Agreement, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from participation in any transaction with a Federal or State department or
agency. It further certifies that prior to submitting its Bid that it did include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In
the event that vendor or any lower tier participant was unable to certify to this statement, an
explanation was attached to the Bid and was determined by the City to be satisfactory to the City.
14. Warranties Against Contingent Fees. Gratuities. Kickbacks and Conflicts of Interest.
Contractor warrants that no person or selling agency has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Contractor for the purpose of securing business.
Contractor agrees not to give any employee or former employee of the City a gratuity or
any offer of employment in connection with any decision, approval, disapproval, recommen-
dation, preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation, auditing,
or in any other advisory capacity in any proceeding or application, request for ruling,
determination, claim or controversy, or other particular matter, pertaining to this Agreement, or
to any solicitation or proposal therefor.
Contractor represents that no official, officer, employee or representative of the City
during the term of the Service Agreement has or one (l) year thereafter shall have any interest,
direct or indirect, in the Service Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of the Service Agreement.
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to :
1. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Contractor, vendor,
or sub-contractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Contractor; and
4. Recover such value from the offending parties.
15. Termination for Default or for Convenience of City. The services contemplated by
the Service Agreement may be canceled by the City prior to acceptance by the City whenever for
<
any reason and in its sole discretion the City shall dt:t~tfuine that such cancellation is in its best
interests and convenience.
16. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If the Service Agreement contemplates the City utilizing state or federal funds to
meet its obligations herein, the Service Agreement shall be contingent upon the availability of
those funds for payment pursuant to the terms of the Service Agreement.
17. City Council Approval. If the Service Agreement requires the City to pay an amount
of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the
City Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or mailed
by certified mail, return receipt requested to the respective person or address listed for the
Contractor in the Service Agreement.
19. Non-Discrimination: penalty. No discrimination because of race, color,creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Contractor agrees to meet all of the requirements of City's municipal code, Section 13-
98, pertaining to non-discrimination in employment.
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary
contained herein or in the Contract Documents, the Service Agreement. shall be subject to the
City of Aspen Procurement Code, Chapter 3 of the Aspen Municipal Code.
<
21. Compliance With All Laws and Regulations. Contractor shall give all notices and
comply with all laws, regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreement. Contractor shall obtain all necessary business licenses
and permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon
persons engaged in business within the City limits.
22. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant,
or condition of the Service Agreement can be waived except by the written consent of the City,
and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver
of any term, covenant, or condition to be performed by Contractor to which the same may apply
and, until complete performance by Contractor of said term, covenant or condition, the City
shall be entitled to invoke any remedy available to it under the Service Agreement or by law
despite any such forbearance or indulgence.
23. Execution of Service Agreement bv City. The Service Agreement shall be binding
upon all parties hereto and their respective heirs, executors, administrators, successors, and
assigns. Notwithstanding anything to the contrary contained herein, the Service Agreement shall
not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or
a duly authorized official in his or her absence).
24. Year 2000 Issues. Contractor hereby releases and holds City harmless from any
and all claims or causes of action relating to performance of this Agreement of any nature
whatsoever in tort, contract, or otherwise, for any action, inaction or for loss or damage
attributable to, resulting from, arising out of, or in connection with a year 2000 error.
25. General Terms.
(a) It is agreed that neither the Service Agreement nor any of its terms,
proVISIOns, conditions, representations or covenants can be modified, changed, terminated or
amended, waived, superseded or extended except by appropriate written instrument fully
executed by the parties.
(b) If any of the provisions of the Service Agreement shall be held invalid,
illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any
other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
SERVICE AGREEMENT
THIS AGREEMENT made this _ day of July, 2001, by and between the City of
Aspen ("City") and the Contractor identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Contractor wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
CONTRACTOR
NAME: Stanek Constructors,. INC.
ADDRESS: 400 Corporate Center Circle, Suite A
Golden, Colorado 80401
CONTACT PERSON: Robert Stanek, President
PHONE NuMBERS HOME: N/A WORK: 303-980-8233 Fax 303-980-8145
SOCIAL SECURITY NUMBER OR FEDERAL I.D. NUMBER:
DESCRIPTION OF SERVICE
· The scope of work is outlined in the McLaughlin Water
Engineers, Ltd. Filter Modifications contract #73-005.27, dated
April 2001. The contract describes work to be performed in
the East Water Treatment plant filter basins and surface wash
system described as to: (l) install leveling devices tot he
backwash troughs in the filter basins; (2) replace the
plumbing which supports the surface wash system.
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
The rate schedule is based upon the proposal from the service provider
Payments will be due upon receipt of invoices according to this schedule:
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDE D
Agreement for services will terminate upon completion of the proposed work.
Work will commence the and terrnin~te Work hours
will be from 7:30 am to 4:30 pm Monday through Friday, work occurring on the
weekends must be pre-approved with the City of Aspen Water Department and
General Electric E.ngineering Services.
.
DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION
Total cost of the work is not to exceed $134,000 compensation for the work
will be provided through a City of Aspen purchase order.
Please invoice usinq Citv.s Purchase Order Number:
Purchase order will not be issued until contract is signed and the appropriation is approved by City council.
AMENDMENTS TO GENERAL CONDITIONS
The parties acknowledge and understand that this Service Agreement is, except as specifically
amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen
General Conditions for Service Agreements, a copy of which is appended hereto as Appendix
"A n and by this reference made a part hereof.
Having agreed to the above and foregoing, the parties hereto do affix their signatures.
City o~
// &1"'- /
By: ~ /~
con~.tor..:/~.~4-_C_"~
By: / /7---/ -e-~.
Title:
Robert S. Stanek, President
O:\mark\staneksa.doc
Q
Bond No. 019 SB 103625858 BCM
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
stanek Constructors. Inc.
business
having a legal
(Principal's Name)
address at
400 Corporate Circle, Suite A Golden. CO 80401
a Corporation as Principal, hereinafter called
'Principal" and
. (Corporation, Partnership, or Individual)
Travelers Casualty and Surety Comoanv of America
(Name of Surety)
7600 E. Orchard Rd.. Suite 330N Enqlewood. CO 80111
(Address rJ Surety)
a corporation organized under the laws of the State of Connecticut , and
qualified to transact business in the State of Colorado, hereinafter called "Surety', are held and
firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter
called "City", in the amount of: '
One H\.In&'edThi:i:'ty_ Four' Thousaoo;and no!1 OO~--'-_.-"':_----________
($ 134rCXXl 00 ), in lawful money of the United States for payment whereof Principal and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly unto these present.
WHEREAS, Principal has by written agreement dated
entered
.20_,
into a contract with The City of Aspen in accordance with the Contract Documents which
Contract Documents is by reference made a part hereof, and is hereinafter referred to as the
East Filter Plant Filter Modifications (Proiect No. 2001-033) Contract.
NOW, THEREFORE, if Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Contract during the original
term thereof, and any extensions thereof which may be granted by the City, with or without
notice to the Surety and during the guaranty period, and if Principal shall satisfy all claims and
demands incurred under such Contract, and shall fully indemnify and save harmless City from all
costs and damages which it may suffer by reason of failure to do so, and shall reimburse and
repay the City all outlay and expense which the City may incur in making good any default, then
this obligation shall be void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Principal shall be, and declared by City to be in default under the Contract, the City
having performed City's obligation hereunder, the Surety may promptly remedy the default or
shall promptly:
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsible bidder, or, if the
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, including other costs
and damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the Contract price" as used in this
paragraph, shall mean the total amount payable by City to Principal under the Contract
and any amendments thereto, less the amount properly paid by City to Principal.
(3) Any contract or succession of contracts entered into hereunder for the completion of the
Contract, shall also be subject to this bond as part of the original Contract obligations.
This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to
Section 38-26-106, C.R.S., as amended.
This bond, as a penalty and indemnification bond, shall also entitle City to recover as part of the
completion of the Contract or the payment of any labor or material costs hereunder, actual and
consequential damages, liquidated and unliquidated damages, costs, reasonable attorneys fees
and expert witness fees, including, without limitations, the fees of engineering or architectural
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 connection with the carrying out of the contract
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 City's
officers, agents, servants, and employees from and against all claims and actions and all
expenses incidental 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 connection 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 corporation other
than the City named herein or the employees, agents, administrators or successors of City.
SIGNED AND SEALED this
:J CXJ-1
2-:;/11
,2012L
day of
PRI~anekrcon9~tors,
By., _ %/~
Inc.
Attest:
Diane
(s~ .-;;~;_~->_....
dL/'U . '#; o.~~ - __..-.
M. Stanek Corpora~. Seci"e-tarj:
Title:
Robert S. Stanek, President
SURETY:
Travelers Casualt and Surel:
_(S
of Ameri
~~~Ss~(\. ~
Sa:l:y A. s.ni.ch
Title: Attornev-In-Fact
NOTE: Accompany 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 should execute Bond.
Bond No. 019 SB 103625858 BCM
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
Stanek Constructors. Inc.
a legal business
having
(Plinclpal'a Name)
address at 400 Corporate Circle, Suite A Golden. m 80401
(Principal's Address)
a Corroration ,as Principal, hereinafter called "Principal", and
(Corporation. Partnership, or Individual)
Travelers Casualty and Surety Ccxnpany of America
(Surety's Name)
7600 E. Orchard Rd.. Suite 330N Eng]PTNr1f1rl, m Rn111
(Surety's Address)
a corporation organized under the laws of the State of Connecticut ,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 municipality, as Obligee, hereinafter called "City",
in the amount of :
One Hundred Thirty Four Thousand and no/100----------~------------ ($134.
000.00 ), in lawful money of the United States for payment whereof Principal and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly unto these present.
WHEREAS, Principal has by written agreement dated
contract with
, 2001, entered into a
City for a project entitled: (East Filter Plant Filter Modifications (Proiect No.2001-0331
in accordance with the Contract Documents which Contract Documents is by reference made a
part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall
promptly make payment to all claimants hereinafter defined, for all labor and material used or
reasonably required for the use in the performance of the Contract, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject, however, to the following
conditions:
1. A Claimant is defined as 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 malerial 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 above-name Principal and Surety hereby jointly and severally 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 furnished 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 shall not be liable for the payment
of any costs or expenses of any such suit.
3. No suit or action shall commence hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal
shall have given written notice to any of the following: The Principal, the City, or the Surety
above named, within ninety (90) days after such claimant did or performed the last of the work or
labor, or furnished the last of the material for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party to whom the materials were furnished,
or for whom the work of labor was done or performed. Such notice shall be served by mailing the
same registered mail or certified mail, postage prepaid, in an envelope addressed to the
Principal, City or Surety, at any place where an office is regUlarly maintained for the transaction
of business, or served in any manner in which legal process may be served in the State of
Colorado.
(b) After the expiration of one (1) year following the date on which Principal
ceased work on said Contract, it being understood, however, that if any limitation embodied in
this Bond is prohibited by any law controlling the construction hereof, such limitation shall be
deemed to be amended so as to be equal to the minimum period of limitation permitted by such
law.
(c) Other than in a state of competent jurisdiction in and for the County of Pitkin,
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 by surety of liens or claims wtlich 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 38-26-105, C.R.S., as amended.
6. No final settlement between the City and Principal shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
SIGNED AND SEALED this
-
,)0 (...'1
z-sT#
day of
, 20 Jll..
PRINCIPAL: S~tnIctors.
By: .L~ /, '" :;;.-
Inc.
Li:/~-----_:
Attest:' -?'rl-J:;~?iL
"e'1*""'-:".
Diane M. Stanek CorpQr~~e Secrei-ttr~
Tille:
Robert S. Stanek, President
SURETY:
Travelers Casualtv and Suret.y C'.nrr_'l>,my nf ZI""""'ica
(Slfl)
~ ~;Jf)/ ~ ~s:~,~
- 9Er.ry A. . ch
Title: Rc:be1t J. SUIich. Attornev-In-Fact
NOTE: Accompany this bond with certified copy of General Power of Attorney 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 Partnership, all partners should execute Bond.
Bond No. 019 S3 103625858 BCM
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as Stanek
Constructors, Inc.
as Principal,
, of
400 Corporate Circle, Suite A
l>Olaen, W llU4UI
hereinafter referred to as "Principal", and
Travelers Casualty and Surety Company of America
a corporation organized under the laws of the State of Cormecticut , and
qualified to transact business in the State of Colorado, as "Surety" are held and firmly bound
unto the City of Aspen, Colorado, as obligee, hereinafter ref'imed to as "City," in the penal sum
~ .
One Hundred Thirtv Four Tholll';;md ;md no/100___
Dollars ($1 34,000 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, jointly and severally, by these presents:
WHEREAS, said Principal has entered into a written Contract with the obligee dated
20.Jll, for furnishing all equipment, labor, tools and materials for: East Filter Plant Filter
Modifications (Project No. 2001-033).
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 if the said
Principal shall well and truly perform all the covenants and conditions 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 protect and save harmless the City of Aspen, Colorado, from all loss and
damages to life or property suffered or sustained by any person, firm or corporation, caused by
said Principal or his agents or his employees, in the 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,
costs 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 furnished 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 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 Certificate of Completion.
The said Principal shall not be required to maintain any part of the improvement under this
guarantee which, after its completion and acceptance shall have been removed or altered by the
City or its agent.
SIGNED AND SEALED this
::r~u-r
z?
,20-9.L
day of
PRI#~Z-~~. ~ Tn,,_
By: /.~.
~
Attest: " ~,:fn- ~~.. _
Diane M. Stanek Corporate .secretary
Title:
Robert S. Stanek, President
SURETY:
Travelers Casualty and Surety Comoanv of An1f>rir.."
_(S~I).. ^
By: . ~~. ~ =ss: ~~. ~
Sa:ry A. Mum
Title: RnhPrt ,T ~l1ni,..h Attornev-In-Fact
.
(Accompany this bond with cerified copy of General Power of Attorney from the Surety Company
to include the date of the bond.)
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 specified, and make such repairs or replacement
of any defective construction as the City may deem necessary.
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 29th clay of October, 1999.
STATE OF CONNECTICUT
}SS. Hartford
COUN1Y OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
By /~~--~~~
George W. Thompson
Senior Vice President
-
On this 29th clay of October, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
swom. did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate
seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutions thereof.
n'\~ Co ~
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of lllinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attomey and Certificate of Authority remains in
full force and has not been revoked; and furthennore, that the Standing Resolutions of the Boards of Directors,as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this clay of
~- tU- r-.. /l
By ~
Kori M. Johanson
Assistant Secretary, Bond
DATE (MM/DDIYV)
7 17 01
THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION
ONLY ANP CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMENP, EXTEND OR
ALTER THE COVERAGE AFFORPED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
il,~~??!.!~;,::rfl\.llil'lllli~I,I;ill!.III:'
STG Corporation
2001 E. Easter Ave., Suite 304
Littleton
(303) 730-1333
INSURED
Stanek Constructors, Inc.
400 Corporate Circle, Suite A
CO 80122-1662
(303) 730-3395
COMPANY
A Mar land Casualt Insurance
COMPANY
Blnsurance Com an of the West
COMPANY
C
Golden CO 80401- roMAAm
:~~~j~jiI!iijit!0~!JntMnM{WiMJ'iiniliHWtM!:WM!WH:miM@@lImH!fnJ'~WdlIf!i@!FMiMHM@;WWIIMj@WI!fi\liiIMr:jr'PHlIUWU!I'UMt@w
... THIS IS TOCERTIFv THAT THE.POLICIES.OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
lTR
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDIYV) DATE (MM/DD/VV)
TYPE OF INSURANCE
A GENERALlIABIUTv **
X roMMERCIALGENERALLlABILlTY CON33088924
CLAIMS MADE 00 OCCUR
OWNER'S & CONTRACTOR'S PROT
06/01/01 06/01/02
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PERSONAl & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Anyone person)
A AUTOMOBILE LIABILITY
X ANY AUTO CON33088924
ALLOWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON.OWNED AUTOS
06/01/01 06/01/02
COMBINED SINGLE LIMIT
BODILY INJURY
(per person)
BODlL Y INJURY
(Per accident)
PROPERTY DAMAGE S
GARAGE LIABILITY
ANY AUTO
/
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
/
/
/
A EXCESS LIABIliTY
X UMBREllA FORM
OTHER THAN UMBRELLA FORM
A WORKERS COMPENSATION AND
EMPLOYERS' lIABllIn'
CON91951815
06/01/01 06/01/02
AGGREGATE
06/01/01 06/01/02
WDE1783494-01
THE PROPRIETOR!
PAATNERSn:xECUTIVE
OFFICERS ARE:
OTHER
X 'NCL
EXCL
EL OISEASE. POLICY LIMIT
EL OISEASE. EA EMPLOYEE
LIMITS
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
$
1,000,000
$
$
$
$
$5,000,000
$5,000,000
$
OTH.
ER
$100,000
$500,000
$100 000
DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/SPECIALITEMS
Project: Aspen Filter Modifications. City of Aspen and their officers and
employees are included as **Additional Insureds. This insurance is primary
and non-contributor .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPI"'V'fl'> D8'!l' TS'E'8~ 'llMIi~\','In~g't"A!f,YfWI,l,'t~~Rl'lYh\~ TO MAil
.3..Q.... bAYS WRI~N NOTICE TO THe CiRTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KOTHE ITS NllI OR REPRESENTATIVES.
AUTHORIZED RE R
City of Aspen
Water Department
130 S. Galena St.
Aspen CO 81611
Ali&t(Q~~imDill'lWW;;mk!!W;: NimaMl