HomeMy WebLinkAboutresolution.council.027-12 RESOLUTION #
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
it
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND EXCAVATION SERVICES INC. FOR 2012 CONCRETE
REPLACEMENT AND PEDESTRIAN IMPROVEMENTS AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF
THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
2012 concrete replacement and pedestrian improvements, between the City of
Aspen and Excavation Services Inc., a true and accurate copy of which is attached
hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for 2012 concrete replacement and pedestrian improvements, between the City of
Aspen and Excavation Services Inc., a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9th day of April 2012.
Michael C. Ireland, Mayo
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, April 9, 2012.
dtetc4
athryn S. Koch, City Clerk
The City of Aspen
CONTRACT FOR CONSTRUCTION City Attorney's Mee
THIS AGREEMENT, made and entered into on April 9, 2012, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and EXCAVATION SERVICES INC.,
hereinafter called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: 2012 Concrete Replacement and Pedestrian
Improvements Project and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore,
and as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract for Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice to Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Three Hundred Seventy Six
Thousand Five Hundred ($376,500.00) Dollars or as shown on the BID proposal.
• 5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
CC1-971.doc Page 1 **CC1
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract for Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract for
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract for Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract for Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this
Contract for Construction, the prevailing party shall be entitled to its costs and
reasonable attorney's fees.
13. This Contract for Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract for Construction.
•
CC1-971.doc Page 2 "*CC1
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.
ATTESTED BY: CITY OF A SP s , COLORADO
4 't1IJ By: � G�
CIAA/d-449/4 at-a- Title: klitottl-/
APPROVED AS TO FORM:
By: -..-- ��
• City orney
ATTESTE P BY: CONTRACTOR:
_
By: � `
Title: 0, c i / ,
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.
II
CC1-971.doc Page 3 "CC1
CERTIFICATE OF INCORPORATION
• (To be completed if Contractor is a Corporation)
STATE OF Ccioi_acLc=' )
) SS.
COUNTY OF )
On this �S� day of O Z , 2012, before me appeared
u� — , to me personally known, who,
being by me firs ly sworn, did say that s/he is Ti �i'c�9, '� of
lccuvc -ham +� cad \tft and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
er oo ss�
°. .4. 1731,2' CAL .(73/tfj... ,
e a O
+0 \C) Notary Public
% o pOSiO'
'i°�i�4TE OF C ;�� 3"a tie • 6 I In Oi
"I�:nustsscai`.�o, Ad' ess
My commission expires: '1 ) a3I I
•
CC1-971.doc Page 4 **CC1
BID PROPOSAL FORM
PROJECT NO. : 2012-028
BID DATE: March 23,2012
PROJECT: 2012 Concrete Replacement and Pedestrian Improvement Project
PROPOSAL SUBMITTED BY: Excavation Services Inc
CONTRACTOR
CONTRACTOR'S PROPOSAL
TO: . The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without
collusion or connection with any other person or persons bidding for the same work, and that it is made in
pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid
and request for bid,all the requirements of the bid documents including the plans and specifications for this
•bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixtv (60) 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 Engineering Department,which also constitutes the Notice to Proceed. Submission
of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish
construction within the time specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the
City,to waive any informalities or to reject any or all bids.
The City 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 costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection with
furnishing the proper and success completion of the work,including furnishing all materials,equipment and
tools,and performing all labor and supervision to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The
basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees
make no claims for damages,anticipated profit,or otherwise on account of any differences between the
BP1-971.doc 'BP1 Page 1
Contractor's Initials
amount of work actually performed and materials actually furnished and the estimated amount of work.
The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid
unit price and up to plus or minus Twenty Five(25)Percent of the total bid.
By signing this document,Contractor certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are newly
hired for employment in the United States; and
(ii)Professional has participated or attempted to participate in the Basic Pilot Program in
order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s)numbered 1 through 1
ESTIMATED OUANTITY LIST
Item Unit
Number Description Quantity Unit Price Total
106 Material Testing' 1 LS 15000.00
626-1 Mobilization 1 LS 38290.00
630 Construction Zone Traffic Control 1 LS 18000.00
609-1 6"Curb and Gutter Type 2, Section IIB 2,200 LF 28.00 61600.00
609-2 6"Curb and Gutter Type 2, Section IIM 2,200 LF 28.00 61600.00
202-1 Removal of curb and gutter 4,400 LF 13.00 57200.00
202-2 Removal of asphalt mat 500 SY 15.00 7500.00
404-3 Hot Bituminous Pavement(Grade SX) 500 SY 55.00 27500.00
608-1 Concrete Curb Ramp(sheet 202 Construction and Excavation Strds.) 20 EA 1595.00 31900.00
703 Structural Road Base 50 CY 100.00 5000.00
412-1 Concrete Sidewalk(4") 30 SY 72.00 2160.00
601-2 Miscellaneous Concrete Flatwork(up to 8"depth) 90 SY 95.00 8550.00
601-2 Miscellaneous Reinforced Concrete Flatwork(8"depth) 40 SY 115.00' 4600.00
210-1 Reset Light Post(sheet ENG 213-T Construction and Excavation Strds.) 5 EA 2500.00 12500.00
202-4 Remove concrete 200 SY 30.00 '6000.00
210-2 Reset Inlet 4 EA 1250.00 5000.00
412-5 Concrete Pan 100 SY 81.00 8100.00
900 Snowmelted Sidewalk/ADA Ramps/Curb and Gutter 200 SF 15.00 3000.00
Concrete Grinding to address vertically displaced joints 150 LF 20.00 3000.00
TOTAL BID IN NUMBERS: $376,500.00
BP1-971.doc •BP1 Page 2
Contractor's Initials
Total Bid in Words: Three hundred seventy six thousand five hundred& 00/100
acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been
reserved by the owner.
Authorized Officer: Troy Buster ,Title:President
Full name signature:
Company address: PO Box 1159 Carbondale Co 81623 •
Email address:
troy @excavationservices.biz
Telephone number: 963-8355
Fax number: j.,96 -4 36
Attested by:
•
Subcontractor& Material Supplier List
Name: TJ Concrete ,Phone#: 379-6300
Address: Carbondale Co
Service or Product: Concrete
Name: Al Traffic Control ,Phone#: 876-0738
Address: Silt Co
Service or Product: Traffic control
Name: LaFarge ,Phone#:
Address: Carbondale Co
•ervice or Product: Concrete supplier
BP1-971.doc *BP1 Page 3
Co Initials
Bond No.S9134443
Ell PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:That we,the undersigned,as,
Excavation Services, Inc. having a legal business
wrincipes Name)
adds ss t_t P.O. Box 1159,Carbondale,CO 81623
a Corporation as Principal,hereinafter called"Principal°,and
(Capa aaan,Partneretlip.ar Intl Vk u J
Washington International Insurance Company
(Name at Surety)
475 N.Martingale Rd.,Ste.,850,Schaumburg, IL 60173
(Asaras a[5ulai»
a oorpoa1 ion 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 firmly bound unto the City of Aspen,a Colorado home
rule municipality,as Obligee,hereinafter called"City',In the amount of
Three Hundred Seventy Six Thousand Five Hundred Dollars and No Cents (S 376,500.00 in lawful
money of the United States for payment whereof Principal and Surety bind themselves, their heirs,executors,
adminit::,ators,successors and assigns,jointly and severally,firmly unto these present
WHEREAS,Principal has by written agreement dated April 9 ,2012•entered
into a t,ntract with City for * 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, if Principal shall well,truly and faithfully perform its duties,all the undertakings, covenants,terms,
10 conditions and agreements of said Contract during the original term thereof,and any extensions thereof which may be
grani`.d 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 tha City may incur in making good any default, then this obligation shall be void; otherwise It shall remain in full
form 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.RS.,as amended. -
*2012 Concrete Replacement and Pedestrian Improvements Project.
CC1-971.doc Page 134 '"CC1
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
unllquldated damages, costs, reasonable attomeys fees and expert witness fees, Including,without limitations, the fees
of englneesing 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.
- - • 9th April 2012
',SIGNED AND SEALED this day of , '
' PRINCIPAL: Excavation Services, Inc. ( )
•
By _1, L Attest /77y/XZ:;-:—&/)t-
Title_ 7 , 2e.of
earr
SURETY: Washington International Insurance Company (seal)
L . rr '
By: �-- .� v ,r��t� Attest ��.�-« �.
Titre: Ashley K. Bryant/P rney-in-Fact Cathy Sons ers / Witness -
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.
CC1.971.dac Page 135 "CC1
Bond No.S9134443
• PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:That we,the undersigned,as,
Excavation Services, Inc.
having a legal business
(P/111 NAM)
address at P.O. Box 1159,Carbondale,CO 81623
Prpopars Address)
a Corporation ,as Principal, hereinafter called"Principal°,and
(Colmr4ciri.Painashp,or InBmdwq
Washington International Insurance Company
(6ueys Name)
475 N. Martingale Rd.,Ste.,850,Schaumburg, IL 60173
( Ys )
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 firmly bound unto the City of Aspen,a Colorado home rule
municipality,as Obligee,hereinafter called"City",in the amount of:
Three Hundred Seventy Six Thousand Five Hundred Dollars and No Cents ($376,500.00 ),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 April 9 2012,entered into a contract with the City for
a project entitled: 2012 Concrete Re•lacement and Pedestrian Improvements Project , °': 0.2012-028
® 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:
•i. 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
consfr,.::! 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 ac uracy 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 mall
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.
CC1-971.dao Page 136 °CC1
S
(b) After the expiration of one (1) year following the date on which Principal ceased work on said
Ccniract, 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 which may be filed of record against the improvement(s),whether or
not claim for the amount of such lien be presented under and against this Bond.
5. This Bond Is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-
26-1 05,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 9th day of April 2012
V PRINCIPAL: Excavation Services, In .
B .F, w.. Attest: V`A J lA4
p
SURETY: Washington International Insurance Company (seal)
� 7
By �(.� 1 / • � 2 ,� Attest:
Ashley K.Bryant/A orney-in-Fact Cathy Sommers /Witness
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). tr Principal is a Partnership, all partners should
execute Bond.
•
CC1-971.doc Page 137 "CC1
Bond No. S9134443
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS,That we,the undersigned,as
Excavation Services,Inc. P.O.Box 1159,Carbondale,CO 81623
of ox ,as Principal,
hereinafter referred to as"Principal",and
Washington International Insurance Company
New Hampshire
a corporation organized under the laws of the State of ,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 referred to as"City,"in the penal sum cif:
Three Hundred Seventy Six Thousand Five Hundred Dollars and No Cents. Dollars
($ 376,500.00 ), 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 April 9
2012 ,for furnishing all equipment,labor,tools and materials for
2012 Concrete Replacement and Pedestrian Improvements 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 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.
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.
o
CC1-971.doc Page 138 ""CC1
The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its
cornplotion and acceptance shall have been removed or altered by the City or its agent
SIGNED AND SEALED this 9th day of April 2012
PRINCIPAL Excavation Services,Inc. (seal
By- 1 7ZG C 4 / •(� Attest- / �.
Idte: Pa-)7-4-t dkP-Ait
Washington International Insurance Company (seal)
•
SURETY
$y:��-!�1.1✓ k- . e z,t,J)- Attest
Ashley K.Bryant/Attor Cathy Sommers/Witness
TifJe:
(Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of
the bond.)
CC1 971.doo Page 139 "CC1
® NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire.and having its principal office in the City of Manchester,New Hampshire.and Washington International
Insurance Company.a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg.Illinois.each does hereby make,constitute and appoint:
TIMOTHY J.BLANCHARD,ANDREW P.WALTERS.
ANITA C.KELLER and ASHLEY K.BRYANT
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 surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount ol'. FiFTY MILLION(550,000.000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24i1'of March,2000:
"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President.any Vice President,any Assistant Vice President.
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds.undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is
FURTHER RESOLVED.that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
411 \Q\.011111,11////r6, �yrawnvnuWy
6 fP� (10.4"�+y`r g 33 ±p�� :% By
o R SEAL m 1- sw,en P.Andman,Preyldeas&Chief Eseeuthe Oflrer of Washington International Insurance C'omp�m SEAL'
s ttrn &Senior Vke President ar Norsb Amerian Spacialq Inlamate Compaos tm
•''��4/�ain110 ` gbh
By-
Das ld Si.1,a)ono,Senor Vice President.i S'ashinglon In ernal ionnl Insurance Cowan, M
&Witt President of Sorlh American Sperinll)Infu ranee Company
IN WITNESS WI-HEREOF.North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 1411' day of September -2011
North American Specialty Insurance Company
Washington international Insurance Company
State of Illinois
County of Cook ss:
On this 14th day of September ,20 l l •before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman.
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company.
personally known to me,who being by me duly sworn.acknowledged that they signed the above Power of'Attorney as officers of and
acknowledged said instrument to he the voluntary act and deed of their respective companies.
OFFIaAL SEAL
D JILL NELSON �
NOTARY PDX•PAISOP UMW D.Jill Nelson,Notary Public
YY COMMON pM1 f12
I, James A.Camenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company,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 Insurance Company and Washington International Insurance Company.which is still in full force and effect.
iN WITNESS WHEREOF,I have set my hand and affixed the seals ofthc Companies this 9 day of April .2012 •
® t4' •
James A Carpenter.Vice Res+denni& �a Asvnant Smear!.of Watiumoon bnunuhunaf Insurance Company&
vonh.Amenun Speoalo.Insurance Company '
,,:.'tt -4'S .'�..,. •,i=—a-1sWJ •`',a�v"'t, ,'' -...d.�._. .,.i m.........«_x.r '{'rr e-'->
Client#: 123526 EXCASERV2
ACVRDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)3/26/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
OW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holderin lieu of such endorsement(s).
PRODUCER CONTACT Catherine Sommers
HUB International Ins Svcs Inc PHONE
(ANC,No,Ext):970-945-5948 FAX
(A/C,No): 866-908-6374
2742 Crossroads Blvd ADDRESS: Catherine.Sommers @hubinternational.com
Grand Junction,CO 81506 PRODUCER EXCASERV2
CUSTOMER ID#:
970 245-8011 INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURER A:Bituminous Insurance Companies
Excavation Services Inc INSURER B:Pinnacol Assurance Company • 41190
- Excavation Land&Iron LLC
INSURER C:
PO Box 1159
INSURER D:
Carbondale, CO 81623
INSURER E.: •
INSURER F: CA Resident License#0757776
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY 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 CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
TYPE OF INSURANCE
LTR NSR )NVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS
A GENERAL LIABILITY CLP3552809 05/02/2011 05/02/2012 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED $100,000
X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence)
CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000
PERSONAL 8 ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
A-I POLICY X Tee LOC $
UTOMOBILE LIABILITY CAP3552810 05/02/2011 05/02/2012 COMBINED SINGLE LIMIT $
(Ea accident) 1,000,000 •
X ANY AUTO
BODILY INJURY(Per person) $
ALL OWNED AUTOS BODILY INJURY(Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE••
X HIRED AUTOS -
(Per accident)
X NON-OWNED AUTOS .
$
A X UMBRELLA LIAB _ OCCUR CUP2589622 05/02/2011 05/02/2012 EACH OCCURRENCE $2,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000
_ DEDUCTIBLE —. $
X RETENTION $ 10000 • $
B WORKERS COMPENSATION 4071488 07/01/2011 07/01/2012 X WC STATU-
IT OTH- .
AND EMPLOYERS'LIABILITY TORY I IM S FR
ANY PROPRIETOR/PARTNER/EXECUTIVEY I N N/A
E.L.EACH ACCIDENT $500,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 •
A Equipment CLP3552809 05/02/2011 05/02/2012 Special Form
$1,000 deductible
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space is required)
RE: 2012 Concrete Replacement&Pedestrian Improvements Project. The City of Aspen, its officers and
(See Attached Descriptions) •
CERTIFICATE HOLDER _CANCELLATION
City of Aspen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
130 S Galena St ACCORDANCE WITH THE POLICY PROVISIONS.
410 Aspen, CO 81611
AUTHORIZED REPRESENTATIVE
•
1
01988-2009 ACORD CORPORATION.All rights reserved.
ACORD 25(2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S1609181/M1239342 CSO4
•
DESCRIPTIONS (Continued from Page 1)
empolyees are additional insured as regards general liability and automobile liability.General Liability
"Rage is primary&non-contributory. Waiver of Subrogation in favor of the additional insured as regards
al liability,automobile liability and workers compensation.
i
MI
0
AMS 25.3(2009/09) 2 of 2
#S1609181/M1239342
® a. `
Internat.:c a! 1
The certificate of insurance we have issued on your behalf has changed from previous forms.
ACORD,the insurance industry standards leader for Forms,updated the Certificate of Insurance
Form 25 in May 2011. Regulations require that agencies use current versions of ACORD.
The new form is different from previous versions regarding the"notice of cancellation"clause
provided to the certificate holder. Why was this change necessary?
• To align the certificate with the policy contract. Cancellation provisions are rights
under the policy and are not voluntary provisions that we can alter. Policy forms must be
approved by the state department of insurance by law. •
We are often asked to alter the certificate, or to issue proprietary certificates provided by the
certificate requestor. However, there are a number of reasons we are unable to comply with these
requests:
• ACORD forms are copyrighted, and can only be used in the ways permitted by their
licensing agreement, which states that they cannot be used after new forms have been
released.
• Any document that promises a policy right is considered a policy form. Policy forms
must be approved by the state department of insurance by law.
• Notice of cancellation is a policy right,not an unregulated service. No insurer shown
on this certificate is able to provide the cancellation notice you desire by endorsement.
For example, the insured can cancel immediately, so it would be impossible for the
insurer to give you the notice you request. State law also grants the insurer the right to
cancel for reasons such as nonpayment with less notice than you require.
• Knowing that we cannot give notice under certain circumstances, giving a certificate
promising notice would consist of misrepresentation or fraud, which could subject our
agency and staff to civil and criminal penalties.
• Our insurance company contracts only allow us to issue unaltered ACORD forms.
Many proprietary certificates include broad,vague, or ambiguous language that may or
may not be in compliance with state laws,regulations,and insurance department
directives. Therefore, we cannot issue any proprietary certificates that have not been
reviewed by our state insurance department.
We appreciate your understanding of the legal restrictions on our ability to comply with your
request.
•
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS •
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to include as an additional insured any person or
organization who is required by written contract to be an additional insured on your policy, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the project(s)
designated in the written contract.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
4111 This insurance does not apply to "bodily injury" or"property damage"occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
•
This insurance is excess of all other insurance available to the additional insured, whether primary,
excess, contingent or on any other basis, unless the written contract requires this insurance to be
primary. In that event, this insurance will be primary relative to insurance policy(s)which designate
the additional insured as a Named Insured in the Declarations and we will not require contribution
from such insurance if the written contract also requires that this insurance be non-contributory.
But with respect to all other insurance under which the additional insured qualifies as an insured or
additional insured, this insurance will be excess.
GL-4667 (01/11)
Includes Copyrighted Material of Insurance Services Office With Its Permission