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HomeMy WebLinkAboutresolution.council.106-01 RESOLUTION #/09 (Series of 2001) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND SETTING FORTH THE TERMS AND CONDITIONS REGARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Meldor Construction, Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the city of Aspen hereby approves that contract between the City of Aspen, Colorado, and regarding, 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: ~J //~/~/~ ~~~ 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, 2001 ' - r~a3m"'"-S'7, ro~h, City Cle-~- CONTRACT FOR CONSTRUCTION (Short Form) THIS CONTRACT, made and entered into on October 23, 2001, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Meldor Contstruction, Inc., hereinafter called the "Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, eqmpment, temporary utilities, transportation and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A' which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications; Compliance with Laws. The Project is to be constructed and completed in strict ~onformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- 08-040. Contractor shall apply for and obtain ali required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authon'ties. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construct'lo~n and completion of the Project, City agrees to pay Contractor a sum not to exceed Eighty- Three Thousand Six Hundred and One ($83,601.00) DOLLARS or as shown on Exhibit "A'. 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and m any and all events to substantially complete the same not later than February 2002, subject to such delays as are permissible under the "Extension of Time for Completion" section of this Contract. CC5-971.doc Page: 1 5. PaYment Of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used i~ connection with or arising out of the. Project, and shall obtain periodid releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to: such subcontractors and material, suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not lirm'ted to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge ia connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall fia-uish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien: 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained fxom subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expendimre of aa amount not less than the total of all previous payments made hereunder by City m Contractor. 7. Itierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit "A" are intended to supplement one another. In case of cOnflict, however, rids Contract shall control both. 8. Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, .or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the mount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. Tiffs Contract shall be deemed .to be completed when the work is finished in accordance with file original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. 'The rule of practice to be observed in fulfillment of this paragraph, shall be that, upon the demand of either City or' ContraCtor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City~ and Contractor, prior to performance~ CC5-9'71.doc ~ge: 2 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any otaaer prowsions of thi~ Contract, City may, upon g~ving notice in writing to Contractor as provided herein and- upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish ~e work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall,pay ro City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may .take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor, 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the-time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasunably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance, Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for, extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. I1. Unforeseen Conditions. It is understood and agreed that Contractor. before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contrac~ or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel' and CC$-97Ldoe Page: 3 terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable m such unforeseen conditions m the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time. office overhead and profit shall not be included in such costs ro be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is ro be subject to the inspection and appioval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion; Contractor's Release. City agrees m sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to s~gn and record such Notice of Completion on City's behalf. This agency is irrevocable and !s an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any stracmres by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Insurance. a. The Contractor agrees to procure and maintain, at'its own expense, a policy or policies of insurance sufficient to insure against all liability, claim~, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. Such/nsurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract by reason of its failure ' to procure or maintain insurance, 0~ by reason of its failure to procure or maintain insurance in sufficient mounts, duration, or types. b. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the CC5-971.do¢ 4 Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the winimum coverage shall be as set forth below. Such coverage shall be~procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claim% demands, and other obligations assumed by the Contractor pursuant to the tenns of this Contract. In the case of any claims-made policy, the'necessary retroactive dates and extended reporting periods shall be procured to maintain such continuons coverage. i. Worlenen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, 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 smms may be substituted for the Work'men's Compensation requirements of this paragraph. 2. Commercial General Liability insurance with minimum combined single limits' of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property d,mage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coyerage for explosion, collapse, and underground hazards. The policy shall coat,in a severability of interests provision. 3. Comprehensive Automobile Liability insurance with mimmum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services ro the City under this contract. c. Except for any Professional Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional msureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The CC5-971.do¢ Page: 5 Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided by the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and mimronm limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until ar least thirty (30) days prior written notice has been given to the City of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses,' Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and, insurers shall have no right of recovery or subrogation against the Contractor. Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. The insurance companies ~ssuing the policy or policies shall have no recourse against the City of Aspen for payment of any prenunms or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and ar the sole risk of the Proposer. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amoum of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at winch'work in connection with the referenced project is done. "Location of operations shall be: 'Ail operations and locations at which work in connection.with the referenced project is done." CC5-971.doc '"'~ Page: 6 Cc~xificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expir/ng on the expiration date of this Contract or thereafter. e. Failure on the pan of the Contractor to procure or maintain policies providing the required coverage, conditionS, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or ar its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all p~emiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the prewo~m~ against moneys due to Contractor from City. f. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 15. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra-work under Paragraph 8 above. If, however, the estimated cost Of replacement of the work already completed by Contractor exceeds ~went~ (20%) percent of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the mount of ten (10%) percent, of all work performed by Contractor before such cancellation. 16. Notices. Any notice which any parry is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: Aspen, Colorado 81611 To Contractor: CC5-971.doc ~ge: 7 subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given, delivered or made by United States mail, shall be deemed to have been given the same day as 'transmitted by telecopier or delivered personally, one day after consignment to overnight courier service such as Federal Express, or two clays after the deposit in the United States mail as registered or certified matter, addressed as?above provided, with postage thereon fully prepaid. 19. Inspections; Warranties. (a) Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. Co) Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid tO Contractor. (c) Contractor shall obtain, at City's expenSe, third party warranty contracts (to be entered, into by C~)- 20. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 21. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to prOvide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker,s compenSation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE' OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX' ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 22. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responSibilities / CC5-97I.doc ~ Page: 8 under this Contract nor subcontract to others its rights and responsibilities under this . Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 23. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure m the benefit of, City and Contractor and their respective successors and assigns. 24. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 25. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while the defaulting party continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 26. Remedies Non-Exclusive. No remedy conferred on either parry to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy. 27. Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado, Venue for any action at law or equity shall be Pitkin County. 28. Attorneys~ Fees. If either parry to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. 29. Severability. Any provision in this Contract which is held m be inoperative, unenforceable or' invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 30. Nondlsclqminatlon. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not disclqminate against any employee or applicant for employmem because of race, color, religmn, sex, national origin, age, marital slams, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Vier Nam era veteran. The Contractor will take affirmative action to insure CC5-971.do¢ Page: 9 that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Vier Nam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rotes of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of thi~q nondiscrimination clause. 31. Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 32. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide. employees or bona ,fide established commercial or selling agencies maintained by the Contractor for the purpose of Securing business. b. The 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, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of 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 Contract or to any solicitation or proposal therefor. c. It shall be a material breach of the Contract for any 'payment, gratuity, or offer of employmen[ to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 33. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, CCS-97Ldoc Page: 10 the Contractor, if it so reqUests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. CITY OF ASPEN, COLORADO RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ei~ Eng~ng Dep~=ent ~A~o~e~ -/~ ATTESTED BY: CONTRACTOR: 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 rifle. CC5-971.doc Page: 11 CERTIFICATE OF INCORPORATION -"' ~" : ': -' (To be completed if Contractor is a Corporation) -~: - -<.~ - /~ _ STATE OF ~ ) ..... - ~ COUN~ OF On this ~ day of ~ ~ ,20 ~t , before me appeared per~nally .kpown, who, being by me fi~t duly sworn, did say that s/he is ~ ~¢¢¢ ~8~5%t~ETt~. %~q, and that the seal affixed to said instrument is the co~orate seal of said corporation, and that said instrument was signed and sealed in behalf of said co~oration by authori~ of its board of directom, and said deponent acknowledged said instrument to be the free a~ and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. V) 0/ ' ' (~ NotaryPublic My commission expires: CC5-~71 .doc Page: 12 STATE ' ORADO DEPA~M~NT O.F STATE CERTIFICATE NATALIE ~EYER, Seore~a~ of issuanoe of ~h~s oe~ifios~e h~v~e been fulfilled in oompli- anoe ~l~h 1~ ~nd ~re found ~o o~onfor~ ~o Aooordin~ly, t'he undersigned, vested in me b~ lsd, hereby issues A OERTIFIOATE OF INGOR?ORATION TO ~ELDOR CONSTRUCTION, INC. PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we. the undersigned, as, having a ~egal business address at a , as Principal, hereinafter called "Pdnclpal", and a corporation organized under the laws of the State of , and qualified to mansact 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: ($ ), 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 wdtten agreement dated ,200__, entered into a contract with City for a project entitled:Cozy Point Briage Replacement ~n accordance with the Contract Documents which Contract Documents is by reference made a part hereof and s hereinafter referred to as the Contract. NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION is such that. if Pfincipat shall promptly make payment to all claimants hereinafter defined, for ail labor and material used or reasonably required for the use ~n the performance of the Contract. then this obligation shall ce 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 matedal being construed to include that part of water, gas, power, light, heat~ oil, gasoline, telephone service or rantai 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 eerformed or materials were furnished by such claimant may sue on this bond for use of such sums as may be justly due claimant and ~ave execution thereon The C~ shall not be liable for the payment of any costs or expenses of any SUCh suit 3 No suit or a~on shall commence hereunder by any claimant: (a) Un ess claimant, other than one having a direct contract with the Principal shall have given written notice to any of the fo ow ng: The Pdn. cipal, the City, or the Surety above named w~thm mnety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the matedal for which said claim is made~ stating with substantial accuracy the amouht 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. YSl-971 .doc **YB1 Page: 1 (b) Atter the expiration of one (1) year following the date on which Principal ceased work on ContTact. it being understood, however, that if any limitation embodied in this Bond is prohibited ~y any Iaw controlling the construction hereof, such limitation shall be deemed to be amended so as to be e~3ual 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 oe presented under and against this Bond. 5. This Bond is intended to be in satisfaction of. and in addition to, the bond required oursuant to Section 38-26- 105. O.R.S.. as amendec. 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 day of ,200 PRINCIPAL: (seal) By: Attest: Title: SURETY: (seal By:. Attest: Title: NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the <:ale of the bond, (Date of Bond must not De prior to date of Contract). If Principal is a Partnership, all ~artners should execute Bond. YB1-971 .doc ""Y B 1 P~,ge: 2 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we. the undersigned, as,. having a legal business address at , a as Principal, hereinafter called "Principal". and a corporation organized under the laws of the State of 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 ~Ci~', in the amount of;. ($ ), 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 oresent. WHEREAS, Principal has oy wdtten agreement dated ,200_, entered into a contract with City for Cozy Point Bridge Replacement in accordance with the Contract Documents which Contract Documents is by reference made a ~art hereof, ancl is hereinafter referred to as the 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 dudng the guaranty pedod 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 'eimburse 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 unaer this paragraph) sufficient funds to pay the cost of completion less the balance of the contract pnce, 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 ~ 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, shatl also be subject to this bond as part of the odginal Contract obligations. PB1-971.doc ~PB1 Page I This bond is intended to be in satisfaction of. and in addition to. the bond required eurauant to Section 38-26- 106. C.R.S. as amended. This bend. 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 matedal costs hereunder, actual and consequential damages, liquidated and unliquidated damages, costs, reasonable attorneys fees ano expert witness fees. including, without limitations, the fees of engineering or architectural consultants. Surety, for value received, hereby stipul~tes and agrees that to indemnify and save harmless the City to the extent of any and all payments in connection with the coring out of the contract whict~ 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 injudes or death of persons or damage to property caused by, orsustained 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 . day of ,200 PRINCIPAL: ~:seel) By: Attest: Title: SURETY: (seal) By: Attest: Title: 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 Pdncipel is Partnership, all partners should execute Bond. PSl-971 .doc '~' PS1 Page 2 MAINTENANCE BOND Cia.of Aspen, P~kin Coun~. Colo~o BOND',;~S 19 103569777 BCM ~O~ C, BACH~LDOR of, ~EL~QR ,,CDNSTR~CTION. , Is P~ncipal, h~eina~er ~ef~ed to as "Con.actor" ~d T~VELERS CASUALTY AN~ ~I~wW COMPANY DW ~UFRTe~ ;a~o~ora~onorg~ized~d~el~ws of the S~te of CD~OWTC~T , ~d quali~ed to ~sact bus.ess in ~e State of Colorado, as "S~e~", are hold ~d 6~ly bo~d ~to ~e CiW of A~, Colorado. as obtigee, her~ina~ refe~ed to as "~or", in ~e penal sum of (the ~eat~ of ~2,000 or the total val~ of work to be p~o~d TWO T~OUSAND A~ N~/.% 00 ), la~l m~ of~e United S~tes of~e~a, for.~e, pa~t of which ~um, well ~d ~ly to be made to the O~, we bind o~lvea. ~d o~ heirs, execute, a~ia~ators, successors, ~d ~si~ees, joMIly ~nd'sev~lly, by ~se SIG1NED AND SEALED this 'l~v~ dayof IUNF, ,, ,,~1~ zO01 WHEKEAS, said Contractor has made or about to make application to said obligee for Right-Of -Way permit for disturbing public right of way, public easemeat,'or public gzdund, fora term begitming ctn 12 JUNE 2001 ......... and ending on 12 JUNE 2003 , for furnishing.all equipment, labor, tools, and materials for completion of work in accordance with detailed plmls ;md specifications satisfactory to the En~Beering Department, City of Aspen, Pitldn County, Colprado. NOW THER.EFOILE, The conditions of tho foregoing obligations are such that if said Contractor shall well and perform all the covenants and conditions of the for the said work to be performed, and repair or replace ali defects for a period of{wo years ~s proxdded herein, and protect and save harmless the City of Aspen, Colorado fi:om ali losses and damages to life or property suffered or sustained by any person, firm or corporation, caused by said ContracTor or its agents of its 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 ~the~ damages, then this obligation shall Be void, otherwise it shall rerflain in full force and effect ii1 //lis Bond is for , , S. ingle projeet, Multt~le Oacurrenc~ l~odc.~j. Blanket Coverage (check only one category) and guarantees that the. material and equipment is furnished and' used, and the workmanship employed in the performance of the work described in the right of way permit will be of such character and quality as to i~sure it to be free from all defeet, s and ~ continuous good order ~d in a condition satisfactory to the Governing Body of'the City of Aspm for a period of two years from the date of issuance or,the final Inspection Log/~dicating 100% sahsfactory ¢om~I~tloh ofw~rk. Tl-fis bond'shall be non~ca.ncelable for twofu~:l years-from theda'~e,fissua~ce, C..- ~,: -~. _,~,., TRAVELERS CASUALTY AiqD SUP~ETY C0MPAbIY OF AMERICA ~ WILSON W, COLEMAN ~5/14/2001 i~:32 97098425~2 MELDOR PAGE 03 12~ WITNESS W]ff~EI~EOF. TRAVELERS CASUALTY AND SURETY COMPANY OF AM]~RICA, TRAVELERS CASUALTY AND S~IKETY COMPANY and FAlk~IINGTON CASI~ALTY COMPANY have oaused this instrument to be signed by their Sen. lot Vice President and their corporate seals to be hereto affixed th~s 9th day of April 200t STA~ OF CONNECTICUT TRAVELERS CASUALTY ~ SURETY COMPA/~Uf OF ANfERICA TRAVELERS CASU~TY ~ S~ETY CO~Y }SS. ~ford F~M~GTON CASUALTY CO~Y CO~Y OF On this 9th. deq, of April, 2001 before me persona!lg, cama..GEOROE ~V,. THOg'[RSObI t? me k. no~vu, Who,~bei~_g l~y .me duly sworn. did depose and say: that he/she is Senior Vice President of TRAVELERS CA,S~AJZT¥ AND S/3KETY COMPANY OF AMERICA. TRAVELERS CASUALTY AND .SURETY CO1YIPA.~Y attd FA. RMINGTON CASUALTY COMPANY, the corporations described iff and which executed the above instrument; that he/she knows the .s'eals of said dorporadons; that the seals affixed to the said ~nstmmem are such corporate ,seals; and that he/she executed the said i~tmment on behalf of the corporations by authofiW of histher office under the Standing Resolutions thereot Carol A. Thompson CERTIFICATE I, the u~dersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY CO1VEPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COIVEPANY and FAR/VIINGTON CASUALTY COMPANY, stock corporations of the State of Conrtecticut, DO HEREBY CERTITAr that the foregoing and attached Power of Attorney and Certificate of Authority rema/ns in full force anc~ has not been revoked; and furthermore, that the Standing Resolutions ef the Boards of Directors, as set forth in the Certificate of AOthorlty, arc amy in force, Signed and Sealed at the Home OffiCe of the CfmPany, in the City of Hartford, State of Connecticut. Dated this 12TH day of JUNE ,200 Assistant Secretary, Bond POWER OF ATTORNEY AND CERTIFICATE OF AUT~IOR/T¥ OF ATTORMEY(S)-]/~-PACT KNOW ALE PERSONS BY THESE PRESENTS. THAT TRA%-ELERS CASU2~LTY AND SUR~TY COMI~ANy OF ~E~CA, T~LERS CASU~TY ~D SU~TY CO~ ~d F~GTON CASU~TY CO~Y, ¢o~org~40ns duly org~z~ ~der ~e laws of the State of Connecticut, and having their.p~ncipal o~ce~ in the '~i~ of ~ord, Coun~"o~ord, State of Co~cu% (herd~er the "Compames")hath made, c~m~ted ~d a~pd~nted, and do ~ ~ese · p~:esen¢.~*; constitute ~d appoigt: WilsonW. Coleman, ~eldi ~er, JOhn ~. Neil.'ofGl~nwood Springs, Colorado. ~e~r tree ~he U~e-~'S-hi~}, ~e following increment(s): by his/her sole signa~re and act. ~y and ~l bends, receg~z~ce% conuacts of iade~ty, and other ~itings obligatg~ ~ ~e namm of a bon~, recog~nce, or con~fion~ ~e~ and any and ~1 consems mc~dent ~emro not excekding the sum of FI~ ~UND~D T~OU~D ~50g000.0¢ DOL~ per bond and Comp~es, ~ereby aS ~lly ~d to ~e sine exteht as ff~e same were si~ed by the duly authohzed officers of the Compames. and all the a~ of s~d A¢omey(s)-~n-Faet, p~suan% to ~e au~or~U here~ g~ven, are ~ereby ratffied and co~ed. T~s appoinment is made under and by authoflU of the ~llowing ~t~d~ng Resolufio~ of s~d ~mpames, now m ~II rome ~d effect: VO~D: ~at ~e Cha~. Ce Presider. ~y Vice Cha~. ~y Executive Vice Presidem, ~y Se~or Vice President, ~y Vice President, ~y Second V~ce Pr~dent, ~e Trencher, ~ Assis~t Treason, ~* Co~rat~ S~re~ or ~y Assi~t S~re~ may ap~t Att0meys-in-Fact ~d Agents to act for'~d on be~lf of ~e empty md ~ay give suc5 appointee such au~oHW as ~s'or her cefl/ficate of au~oHty may preschbe to st~ ~ ~e Company's n~e .~d ~eal M~ ~e Comp~y's seal bonds, reco~c~, ~on~act~ of ~d~, ~d ' ~e notre cfa bond, re~gnm~ce, or conditional ~d%~g. ~d ~y of'said officers or ~e Board of Directom at ~y time may remove ~y ~uch appo{ntee ~ revoke ~e ~ower g~ven h~ or her. VOID: ~at ~e C~. ~e ~esidmt, ~y Vi~ CMOS. ~y Executive Vice Presider, ~y S~or Vice President or any Vice Pmsidem ~y delegate aH ~ ~y p~ of ~e fomg~i~ au~ofity to one or m~e offi~s ~ employees of ~s Comply, provided in ~ting ~d a ~py ~ereof is ~ed in ~e offi*e of~e ~D: ~at ~y bond, r~o~iz~ce, con.act of ~{~ty, or ~g obligato~ ~ ~e na~e of a bond. reeogniz~ce. ~,,~ng sh~l be valid ~d blnd~g u~n ~e. Comply when ~) si~e4 by ~e Pr~deat, ~7'Vice ~,. ~y ~x~eu~ive Vice President, ~y Sea.or Vice President or ~y Vice Pmsldent, ~y Second Vi~ ~i,deqt, ~e Ttea~er. ~y Agsist~t Transfer. ~e Co~orate Secret~ or Ass~st~t 8~ret~ md d~ly a~est~ ~d sealed M~ ~ Compmy's se~l by a Secret~ 9r Assis~t Se~t~, m (b) duly ~cuted (~der mqulr~) by one or more Attom*~-in-Faet ~d Agars p~s~t to ~e pow~ pm~fib~' ~ ~S or h~ ~fieate or ~eir cedi by one ~ mom Com~y o~eers p~su~t to a ~ttea delegation.of au~oH~, . This Pgwer of Attorney grid Cedric.ate of Authdri{y i~. ~g~ed"gnd ~ealed bY facs,i~jle {m~e~g~9~l or ~nted) U~der aBd by CO~.~Y OF ~CA T~LE~' .CASUALTY ~D SU~TY CO~Y and FA~GTON CASU~TY VOID: ~ ~e signat~e'o~ eack cf ~e Bllo~ng 6fficers: ~siddm, any Executive' Viee'~eside~t, ~y:S'enior V~ce Pmsidzn% ~y Assist~t V~ce Preside% ~y Secre~, ~y Asslst~t Secret, an& ~e seat of %e Comply may be a~Xed by facs~ile to ~y po~ver of a~omey or to ~y ce~ificate relating ~ereto appo~t~g Resident Vice Presidents, Residmt Assistm~ Secret~es or Attorneys-in. Fact for pa~oses o~y ofexecut~g ~d a~es~g boud~ ~d mde~gs ~d o~ar ~fings obliggto~ in ~e na~e ~ereo~, ~d ~y such pdwer of a~om'ey or c~ificat~ berg su*~ heckle, signore or hcsi~l~ seal shall be valid ~6 binding, upo~ ~6 Comply' ~fl ~y such certified by such facs~ite si~a~ ~d f~s~iI* ~e.l'~ shall be va~d md b~ding upon ~e CoI~y ~ ~e ~e ~ resp~t to ~y bond or ~de~g to which it i~, atoned, ~ ~00 $ lirok~) Ah~gusl 20.20U [ SCOPE OF wORK / / Brus~ Cre~ BI~DGE Replacement: BRIDGE ~ 2: Cozy Point Ra~ Scope of Work / ~tis tcti~r is a summa~ ofrhc Sco~c orWork for thc purcl~$c and ~nstal[~ of thc new ac~ss bridge across Brash C~k within tim C~xy Point Ranch. Th~ is ~ing [abel~ as Bridge~. / SCOPE OF WORK' / A. Concr~l~ ~rid~: / This ,em shall inzludc a]l labor, materials, and eqm~t to p~clmse, ship, milo;ad, ins/all, sacorc, and all other work necessa~' to install the coat.to bridge on fl~e~tings ~1. the sil; 'from AMCOR B. Faotin~s :md Wing Walls: This ~tclll Is tO include all laboc, nmteNal& a~equipmm~t required [br cxca~Hion, dcwatcrJng, sircal~ diversions. coIlcrctc work. bcd~ing llt;~ria], steal, co~rclc, coordination wilh bridge supplier, and other work to con~rucl thc Foolings ;md XVing Walls required Ibr i~[a[[ati~n ofd~c conc~tc bridge. This itc~tl is to al~o hmtudc slccvcn l~lttlra t~llCillg by ~c OWtlcr. / / / Earlhwork2 bridge and fOOtl,gS, aOC~S ro~ realig~nlcnt to lllatch bridge cl'ossiJlg$, lllling work on Um bridge duck, uarthwork rcaukcd Ihr stream alld bri~uUnm]t stabil~;~Lion, m~ alt ol.hcr earthwork mqui~d lo inaIch existing grados. aaa coatour thc site ba~ tCrigi,,al graacs. ~1i8 il.Cra also inca,,dc pr~ifli,lg any additional filJ that may ~c ,o mmplctc grading, anJscrcm,~ rock, or orhor i~lpotl ill! 5~uim ulldar or aromld tile footings er SLmItlH bank ...stabiliallion" This i~n~...will_, also include acw asphalt ncc~d to bc replaced, from thc now bridge dock to tim existing asphall rm~vay on both ssdcs. This item facades labor, materims, and ~ai~ent 111clud[na suppli? a,.~ phleing the IS" Dia rock ruquimd strc;mt ;md ~oling alabilizal.ioa par thc engincc~ dir~liou to slabilixc I.hc emba nkmcnl't nd rcduc= potcmial erosion around th~foolings and n~' bridge. This ilzm i~ lo also fnctud* re¢tanling of willox~s in. ~clox~.' and on top of bould~r~bili~tion. / / / ~, {rrig:~fion I.Jn~ Work: l/nc. Thc valve i~ Io bc installed on tl~c [Joo inlmcdJately next Lo thc bridge access road appro~lllaicJy 2(K) l~om thc ~OCi dowll $t~alll ol'dlc brldgc. 'thc existing culvcn has fail~ and broke the cxistlng S" SCH ~(1 PVC irrig~llion linc in two place. One al Iht crossing and on~ 70 foot oway. Thc contractor is a) repair bolh linc bralk, replace, tile C?onlr:mlor shall s~ar~ cons:motion of thc Ibot/n~s, pu~hasc bridge, and other required work immcdiutcly ~cciptofihis[cRcr. wllichshall:lct~lsLhcN~LicctoProcccd, [[ is ant [cipatcd that UI¢ co~lSlrucliol~ will bc compicl~ by thc Octobcl' ~{ of 200]. A. Concrete 5ridge B. I%oLia~s C, E:~rthworUasphaR D ~o~ S~lbili~ttioulpl:mtings E. h'figadon linc TOT.4L $ 1 of 2 * PROPOSAL SUBMITTED TO: The City of Aspen Parks Dept. PROJECT: Cozy Point Bridge Replacement Please consider the following proposal for a Super. Cot® Box Culvert. This is a multi.plate arch culvert with a HS-25 loading. Me!dor Construction Inc. wirl excavate, provide footings, purchase materials, assemble, and backfill this structure for $57,749.00 Associated work 1. Boulder stabilization for slopes and plantings $20,212.00 (The town of Aspen will provide and deliver boulders) 2. Road base and asphalt surfacing $5,640.00 Included in this be is the placement of boulders along the sides of the bridge to provide erosiQn protection. In no way does Meldor Construction Inc. assume any liability for the long-term adequacy of this method of erosion protection. Total $83,601.00 Qualifications and Exclusions: 1. The structure has been pre-engineered in some repects, additional engineering may be required by owner at owner' expense. 2. Meldor Construction, Inc. is not responsible for relocation of existing utilities. 3. Rock Clause: Boulders, shelfrock, bedrock, or cementitious materials encountered larger than 1 cubic yard dudng excavation will be at additional cost to owner. The price for rock removal can be negotiated before start of job. 4. Meldor will nc: be responsible for ordering or obtaining any permits required for this job. 5. All soil reports and soil compaction testing will be the responsibility of others, and we do request compaction tests in areas of required 95% or more standard proctor compaction. 6. No survey stakeout included. 7. Owner to provide all boulders necessary to complete work, All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standaEJ practices. Any alteration or deviation from above specifications involving extra costs will be executed On Meldor's standard time and matedal basis and will become an extra charge over and above the estimate: All agreements contingent upon strikes, accidents or delays are beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workm~nls Compensation insurance. This pdce and offer to perform the work is valid for thirty (30) days. 2 of 2 Payment will be made as follows: Monthly draw Payment is due within 15 days of the date of billing. Late payment is subject to 24% interest per annum, 2% per monthly, attorney fees, collection costs, and other fees. MeldorAuthofized Signature: ~'~'~.~ Date: /,~ ~- ~"~ i Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date: Soil and Water indemnification Clause: It is acknowledged and agreed between the parties hereto that Meldor~s responsibility hereunder is to complete the work designed under "Scope of Work" in this contract in a reasonable, timely, and workmanlike manner, in strict compliance with the plans and specifications. It is further acknowledged that the Owner has not relied upon Meldor in any way in developing said "Scope of Work." The Scope of Work was developed for Owner[or Contractor] by other professionals retained specifically for that purpose. Meldor, by a~reeing to undertake the Scope of Work as set out herein, has made and makes no representations or warranties whatsoever that said work will be adequate to prevent future damage to the installation by virtue of the surface or subsurface movement of soil or water in or across the Property. In consideration for Meldor's work to be performed hereunder and as an added inducement to Meldor to undertake the Project, Owner [or Contractor] does hereby specifically release and discharge Meldor and agrees that it will indemnify and hold MeJdor harmless from any and all costs, damages~ iosses, claims, demands, actions or causes of action of any kind or nature whatsoever, whether now known or unknown to Owner [or Contractor] which may oCcur at any time in the future arising out of or connected in any way with the surface or subsurface movement of soils or water in or across the Property,. including any attorney's fees or costs expend, ed in defending against such claim; except for any claim Which is based in whole upon Meldor's failure to follow the specifications and plans provided to it for the completion of the project. Engineer, Architect or other prOfessionals must have Prefessiona! Liability Insurance in-place for the duration of this Contract. Copies of said insurance certificates shall be provided to Metdor Construction, Inc. Failure to maintain said insurance does not release the professional from continued obligations of this Contract. Acceptance of Indemnification: Signature Date Title LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The madersigned contractor declares his/her full awareness of the content and terms of this contract and affn'ms that the contractual time is the period mentioned in the eonumc~ Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned conuactor further acknowledges he/she understands and agrees m liquidated damages to be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate i of $100. OOper day. This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: Co.orate Se~ ~, &~V . ~ s~ c~&~-,T ~c. STATE OF COLO~O ) / ~o~ C ~¢~k~ec ) SS. ~~ CO~TY ) Co~,,Coloradoperson~lyappe~ed }~e~A C~' ~c¢~ ~omto me perso~ly to be ~e p~on(s) whose silage(s) ~ my presence ~s ~%~ day of