HomeMy WebLinkAboutresolution.council.054-02 RESOLUTION # 54
(Series of 2002)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND RIENKS CUSTOM HOMES SETTING FORTH
THE TERMS AND CONDITIONS REGARDING THE LIMITED REMODEL
OF THE THIRD FLOOR IN CITY HALL 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 Rienks Custom Homes, 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 thb City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Rienks Custom Homes regarding the
limited remodel of the third floor of City Hall, 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~,
crud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a ~i~l~ o~
K~thr~t~ ~. Koch, City Clerk
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT. made and entered into on June 19. 2002. by and between the CITY OF
ASPEN, Colorado. hereinafter called the "City", and Rienks Custom Homes. 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: Community Development Limited Remodel.
and,
WHEREAS, the Contractor. n response to such advertisement, or n 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 '~ 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 [he date of "Notice To Proceed" and wil
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 ped'orm all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Forty Four Thousand One
Hundred Twenty Four dollars and Thirty Cents ($44,124,30) DOLLARS or as shown on
the BID proposal.
CC1-971.doc Page 1 **CC1
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
Special Conditions. The Contract Documents are included herein oy 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
Municipa Code including the approval reauirements 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 ~n accordance with the specific written consent, any
rights to claim damages or to bring suit. action or other oroceeding 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 [o 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 ~s agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action s 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 or' 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 fult 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 execute(: this Contract For
Construction on the date first above written.
ATTESTED BY: CITY OF~SPEN, COLORADO
Title:
RECOMMENDED FOR APPROVAL. APPROVED AS TO FORM:
· /-City E ngineering"~e-p~r~ent
BY: CONTRACTOR:
Title: (:%v'/q~-'~ ,
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.
CCl-971 .doc Page 3 **CC1
City of Aspen 2002 Combined Sales Tax and
Sales Wax Administrator Business License Application t :l(
130 South Galena Street and Business Occupation Tax Return
Aspen Colorado 81611
(970) 920-5029 E-MAIL: larr,~ci.aspen.co.us Please Type or Print Clearly
Municipal Code Web Page: http://www.ordlink, comJcodes/aspen/index, htm (See Sections 14 & 23)
NameofBusiness: ~'~,A/~S Co.~-~,.~ ~5~do~-~ SalesTax/PrimarvMailing~ddress:
Location Address: Address To Which You Would Like LicensesM'ailed:
co Same as Sales Address
'~ Same as Location Address
·Other:
PhoneNo. of Business: (470) ~c{~. "fiy~'7 _ FaxNo.:(~'22~ .~o/cf,_
SMes T~ Contact: ~ Contact Phone: ~T& ~ ~ ~ ~ 7
Colorado Sales Tax License No: : ~ ~ 5~ ~ ~ ~ Being Appliod For, Date?
~ applicable, State of Colorado SMes T~x Exempt Number:
Frequen~ of Filing Aspen Sales T~ Re.ms: Monthly Quarterly ~ Annual ~ Other ~escfibe)
If more than $600 in taxable sales per month, you must file monthly.
Will you Mso be collecting ~e Aspen 1% Lodging Tax on Short Te~ Rentals of Lodging? Yes .~. No
Nature of Business, Products Sold: ~<~ ~ / ~'~_
T~e of O~ers~p: (check one)
Sole Proprietorship Pa~nership ~Co~oration ~. LLC ~Other
~you have a physical location in As~n, Name of Trash Hauler: ~/~ . ~equire~
Trash Containers ~ust Be Wildl~e Resistant
Date That Business Sta~ed In Aspen, or Date of Purchase of Business: ~/- J ~ ~ ~
~ Business Was Purchased, Name of Previous Business & O~er:
Nam~f ~ers, Paanen, or Managers of~e Business:
b. Title
c. Title
~Re~l, Pl~e Estimate ~e ~ghest Mon~Iy T~xable Re~l Sales For Your Business $
Esfi~ted Mon~ly Average Full Time Employees ~'s) of your Business:
(Include se~ owners and partners, managers, etc.)
Computation of Annual Business Occupation Tax Due to the Ci~ of Aspen
For the Calendar Year. Janua~ 1 thru December 31:
0 - 5 Employees ....................................................................................................... $150 Amount Paid:
6 - 15 Employees ..................................................................................................... $200
16 - 49 Employees ................................................................................................... $400 ~/O~
50 or More Employees ............................................................................................. $750
Liquor License Holders ............................................................................................ $
Not For Profit Groups....(IRS Section 501(C).(3) Ce~ificate Reqnired) .................... $ -0-
~ CONTINUED ON ~E SIDE
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
/2/__
)ss.
COUNTY OF ~//__.-~ )
On this //~F-' day of /-///'/__--~y.--.e_. ,20~.--~ before me appeared
__- ~ ~__5' , to me personally known, who,
being b~prne first duly ~w. orn,.did say ;that s/he is 4::~/~.~ ~ of
A-/??t~'~ ~_~'~7~z~b-~ :~zT~/-~?-~-J--- and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
Notary Public
vu u c )1 ·
8TAT~ ?~.C~L~ Address
My ~m~si~ ~plms 04/2~2005
My commission expires:
CCI-971.doc Page 4 **CC1
INSURANCE
June 18, 2002
City of Aspen
To Whom It May Concern:
Please be advised that Rienks Custom Homes has applied for bonding and from review of
the material submitted it appears that we will be able to provide'the bonds necessary for the
Community Development Remodel. However, it will be Friday the 21sr of June before we
receive authorization from the bonding company.
The bonding is contingent on Travelers Insurance Company's acceptance of the risk. I
see no reason they will not.
201 Centennial Street Fourth Floor P O Box 1576, Glenwood Springs, CO 81601-1576
Phone: 970-945-9111 Fax: 970-945-2350
ttlKNKS CUSTOM HOMKS
P.O. Box 3473 · ~4~oen, Colorado 81612 · (970) 948-7437 · E-mail rch~rof, net
To: 6/18/02
City of Aspen
Re:
Workman's Compensation Requirement
For 3rd Floor Re-model of City Hall
I do not have any full time employees. I strictly use regular Mountain Temp
and Labor Source employees for my general and carpentry labor and use
competent and trusted sub-contractors for all other work related to my
projects. With the size of my company and its projects, I find that this keeps
my overhead Iow and I pass this savings onto my customers.
I spoke to my insurance agent and because I do not carry employees under
Rienks Custom Homes, I would not be required to have workman's
Compensation just on myself. I do carry health insurance with Golden Rule
and would be glad to provide to you a copy of my policy upon request.
If you have any questions, wish to discuss this further, or have any other
solution, please contact me at (970) 948-7437.
Sincerely
Darin C. Rienks
Mail to: Secretary of State For office use only
Corporations Section ~-
1560 Broadway, Suite 200 ~rr^
Denver, CO 80202 colombo
(303) 894-2251
F~ (303) 894-2242 2000~75973
~ST BE ~PED
~LING FEE: ~0.~ $
MUST SUB~T ~O COPIES SECRETARY 0F STATE
Phase include a ~d ARTICLE OF ORGANI~TION
self addressed envelope
~e ~ ~al ~s~s) ~the age of ei~te~ ye~s or more~ a~g ~ org~s) of a ~ liab~W ~y
~d~ ~e Colora~ L~t~ Liabil]W Act, adopt ~e fallo~g ~cles of ~a~za~ f~ such ~t~
~T: ~e ~e of ~e I~ l~bi~ty ~m~y is: ~ Cu~ Homes LLC.
SECO~: P~eipal p~ of bus. ess (if~o~): 819 Ro~ Ave. ~d J~c~ CO 81501
THIRD: The street address of the initial registered office of the limited liability company is: same as above
The mailing address (if different from above) of the initial registered office ot the limited liability company is:
P.O. Box 3473, Aspen CO 81612
The name of its proposed registered agent in Colorado at that address is: Darin C. Rienks
FOURTH: X The management is vested in managers (check if appropriate)
FIFTH: The names and Business addresses of the initial manager or managers or if the management is vested in the
members, rather than managers, the names and addresses of the member or members are:
NAME ADDRESS (include zip cedes)
Darin C. Rienks P.O. Box3473, Aspen CO 81612
SIXTH: The name and address of each organizer is:
NAME ADDRESS (include zip codes)
Derin C. Pdenks P.O. Box 3473, Aspen CO 81612
R!EAfK$ CUSTOM HOM~
P.O. Box 3473 ,Aspen, Colorado 81612, (970)948-7437, E-mail reh~rof, net
PROPOSAL FOR
Community Development Limited Remodel
Proposal#2002-001
June 11,2002
A~ention: Rebecca
Rienks CustOm Homes
Dadn C. Rienks "Red" Owner
P.O. Box 3473 Aspen, Colorado ~ (970) 948-7437 ~ E-mail rch~rofmet ~ fax (970)$44-4872
Construction Credentials
· Seven years experience managing and contracting custom home construction
and re-models
· Construction field experience - 17 years
· High level o£organizafional skills
· C.A.R.E. Home Builders Association o£Metro Denver 1st place winner-
Colorado Old Home Remodel o£the year 2002. (214 E. Hopkins Ave, Aspen)
· Extensive knowledge of building materials and products
· Pitkin County licensed contractor since 1999, light commercial
· Fully tooled
Education
· MS, Organizational Development Colorado Christian University, CO 1997
· BA, Management/Psychology Mesa State College, CO ]994
· Computer Science Studies University of Connecticut, 1985-1988
· High School Diploma Glastonbury, CT 1984
References
George Bruington, Iglehart Construction. Project Manager 925-5990
Tripp Adams, Construction Project Manager, Aspen CO 618-6226
Gwyn Dickenson, Re/Max Premier, Owner 920-0121
John Phillips, Home Owner 920-1337
SharonHoffman Home Owner 816-309-8158
Rienlcs Custom Homes
Council of Professional Remodeler's
Code of Ethics
To develop within the home building and remodeling industry an appreciation of
the objectives and responsibilities of those who seek to own or remodel their own
property;
To constantly improve the professionalism of the industry by producing better
values for the property owner;
To faithfully and honestly follow material specifications in a sincere attempt to
produce structures of substantial and lasting quality;
To cooperate and share the knowledge and experience of building and remodeling
with other professionals in order to increase the general efficiency of the
construction industry;
To encourage mutual understanding with labor, material suppliers and financing
agencies, acknowledging to all the right of fair and equitable profit for their
services, to the end that such cooperation shall be of long-range benefit to the
ownetT;
To refrain from willful misrepresentation, false promises, subterfuge,
misappropriation of funds or payments, or any conduct that constitutes dishonest
dealing with employees, dealers, property owners, or clients;
To take ownership for our actions in an effort to warranty all work performed by
Rienks Custom Homes and to stand by all work performed and materials used with
integrity;
To maintain a friendly, helpful and cooperative spirit with fellow members of the
home building and remodeling industry and the public;
To comply in spirit and action with national, state and community laws and to
encourage progressive legislation for the benefit of the building industry, and to
discourage legislation which appears to be detrimental to the social, economic or
political interests of the property owners, home builders and remodelers;
Notes Concerning Bid
1. All labor prices are bids only to change due to unforeseen circumstances
approved in a change order submitted to the City.
2. All framing and trim materials used will be itemized and invoices will be
included with billing. The amounts on the estimate are estimates
3. Drywall and Texture; these amounts include labor and material needed to
repair any drywall in the areas effected by the remodel with a light skip
trowel finished.
4. Painting; I will match the existing paint to the best of my ability and prime
all new drywall areas before painting. In an effort to make a clean break in
the new painted area, entire wails may be painted.
5. Carpet Patches; the areas which need repair will only receive a patch. This
price does not include entire rooms or areas to be re-carpeted. The carpet
will be matched as best as possible with a "sign off" by the City.
6. Shelves and countertops to be designed and specified by the City.
7. Doors and door hardware to be specified by the City.
8. Electrical labor and material, request an electrical plan to complete the
phases. There may be other electrical concerns in other phases which cannot
be seen at this time. No electrical work will be performed without a "sign
off" by the City.
9. No labor for major furniture removal or installation is included in this
estimate.
10.Insurance; Contractor Liability Coverage by American family in the
amounts of;
a. General Aggregate $1,000,000
b. Products $1,000,000
c. Personal Injury $500,000
d. Each Occurrence $500,000
e. Damage to premises rented $100,000
f. Medical expenses (any one person) $5,000
11 .Bonding will be provided as specified in the "Request for Proposal" by
American Family Insurance.
BOND ~ 19 SB 103820644 BCM
PERFORMANCE BOND
KNOWALL PERSONS E~Y THESE PRESENTS: Thaf we the undersigned, as,
*~T~'N-r~ CUSTOM I~OMES. LT,(; naving a ~egal business
address at PO BOX 3473. ASPEN. CO 81612
8LIMITF, D LIABILITY COMPANY as Principal. hereinafter called "Principal". and
TRAVELERS CASUALTY ARrD SURETY COM~AMY OF AMERICA
*,~arne of auret5
~A~T~ORD. CONN.F..C.q'TCI~T 0~1 s~-qo6?
a corporation organized under the laws of the State of CONNECTTCUT ano qualified to transact
business in the State of Colorado hereinafter called "Surety are held and firmly bound unto the City of
Aspen, a Colorado home rule municipality, as Qbligee hereinafter called "City". in the amount of:
~QRT¥ ~TT~ T~OTTSA~ ~ ~TIRTD~FD ~W~T~ ~TtR A~'D ~0/1 O0 ($ 44.124.30 ),
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 19 JUNE ' ,2C0~., entered
into a contract with City for Aspen Ice Garden ;- accordance with the Contract Documents which Contrac[
Documents is by reference made a part hereof and is hereinafter referred to as the Contract.
NOW, THEREFORE if Principal shall well truly ano faithfully perform its duties all the undertakings,
covenants, terms, conditions and agreements of said Contract during the original term thereof an(: any
extensions thereof which may be granted by the City, with or without notice to the Surety and during [he
guaranty period, and if Principal shah satisfy ali claims and demands incurt*ed under such Contract and shall
fully indemnify ano save harmless City from all costs and damages which it may suffer by reason of failure to
do so, and shall reimburse and repay the City all outlay and expense which the City may incur n making
good any default. [hen 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 b ds' 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 avai[ab e 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.
PSI-97'Ldoc ** PB1 Page I
This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26-
106, C.R.S., as amended.
This bond, as a penalty and indemnification bond, shall also entitle City to recover as part of the completion
of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages,
liquidated and unliquidated damages, costs, reasonable attorneys fees and expert witness fees, including,
without limitations, the fees of engineering or architectural consultants.
Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to the
extent of any and all payments in connection with the carrying out of the contract which the City may be
required to make under the law by any reason of such failure or default of the Principal.
Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents,
servants, and employees from and against all claims and actions and all expenses incidental to the defense
of such claims or actions, based upon or arising out of injuries or death of persons or damage to property
caused by, or sustained in connection with, this Contract by conditions created thereby, and on request of the
City will assume the defense of any claim or action brought against the City.
No right of action shall accrue on this Bond to of- 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 25Ttt day of JUNE ,20 02.
PRINCIPAL:...~IENKS CUSTOM HOMES. LLC (seal)
By: ~'] "-- ~. ,~ Attest: .(~f) ~~'~
Title: DARIN C. RT~g Ag MARAUdeR
NOTE: Accompany this bond with cer[ifled 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 Par[nership, all partners
should execute Bond.
PB1-971.doc ** PB1 Page 2
BOND # 19 SB 103820644 BCM
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
RIENKS CUSTOM HOMES, LLC having a legal business
addressat PO BOX 3473, ASPEN, CO 81612
a LIMITED LIABILITY COMPANY , as Principal, hereinafter called"Principal", and
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(~urety's Name)
HARTVORD CONNECTTCJIT ~6~
(~urety's Address)
a corporation organized under the laws of the State of C0I'A~ECTTCUT , 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:
FORTY FOUR THOUSAND ONE HUNDRED TWENTY FOUR AND '~O/100 (~f*.l?/..c;O ), 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 ] 9 .TIT~F. ,2002, entered into a contract with
City for a project entitled: Y~;;uvv 3,;,~k ',i-,-,pi-ove;-,-,~i-,~.o (~.rolcat r.... ~. )
in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is
hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to
all claimants hereinafter defined, for all labor and material used or reasonably required for the use in the performance of
the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the
following conditions:
1. A Claimant is defined as havin9 a direct contract with the Principal or with subcontractor of the Principal for
tabor, material, or both, used or reasonably required for the performance of the Contract, labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly
applicable to the Contract.
2. The 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 9iven written
notice to any of the following: The Principal, the City, or the Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or furnished the last of the material for which said claim is made,
stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or
for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principall 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.
YB1-971 .doc **YBI Page: 1
(b) After the expiration of one (1) year following the date on which Principal ceased work on said
Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
(c) Other than in a state of competent jurisdiction in and for the County of Pitkin, State of C~lorado.
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 satisfactior] of, and in addition tel the bond required pursuant to Section 38-26-
105, C.R.S., as amended.
6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
SIGNED AND SEALED this 2~TH day of JUNE ,2002
PRINCIPAJ~-~RIENKS CUSTOM HOMES. LLC (seal)
Title: DARIN C. RIENKS AS MANAGER
~-~:' ~-'~ ~ , ~EIDI RIGER, ~O B~ 1576, GLENWOOD SPRIN
:T'~l~: wILs~)~J WJ~0RLEMAN ~TTORNEy~-FACT
.: . . .... 81602
NOTE: A99ompany thru bond wth certfied 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 Contractl If Principal is a Partnership, all oartners shoulo
execute Bond.
YB1-971.doc **YB1 Page: 2
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS. That we. me undersigned, as RIEI'~S CUSTOM HOMES, L'~C
of PO BOX 3473~ ASPEN~ CO 81612 as
Princioal.
hereinafter referred to as "Princioal". and
TRAVELERS CA,~UAT,T¥ AND ~TI"I~,"[~f COTV~AT~¢ 0"~ AM~I~'TC, A
a corooration organized under the laws of the State of CONNECTICUT , and cualified 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 oenal sum at:
VORT¥ FOUR T~4OU,qAND ONE ]qTF~DR~'D TWeNTy "~OIT~ ANY)
Doflars ($ 44,124.30 ), 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 a~ld our heirs, executors administrators.
successors, and assignees, jointly and severally, by these presents;
WHEREAS said Principal has entered into a wdRen Contact with the obligee dated 19 JUNE
20_Q2 for furnishing all equipment, labor, tools and materials for:
in accordance with detailed plans and soecifications on file in the Office of the City Clerk of said City, a copy
of which Contract is attached hereto and made a part nereof
NOW THEREFORE The conditions of the foregoing obligations are such that if the said Principal shall well
and ~ru~y perform all the covenants and conditions of this Contract on me par[ of said Principal [0 be
oerformed, and repair or replace all defects for a eeriod of two year(si as orovided herein and protect and
save harmless [ne City of Aspen. Colorado. from all loss and damages to ife or oroDerty suffered or
sustained by any person, firm or corporation caused Dy said PrJncleal or his agenm or his employees, in the
performance of said WORK. or by OF in conseouence 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 eouipment furnished and used. and workmanship emoloyed 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 Govemfng Body of
the City of Aspen for a ~eriod of ~wo year(s) from the date of the issuance of the Certificate of Completion.
This Bond guarantees ma~ me said ~rincical will keee and maintain the subject work without additional
charge or cost to [ne City of a oeriod specified and make such repairs or replacement of any defective
construction as the City may aeem necessary
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The said Principal shall not be required to maintain any part Of the improvement under this guarantee which,
after its comPletion and acceptance shall' have b~en removed or altered by the City or its agent.
SIGNED AND SEALED this 2$TH dayof 3UHE ,2002 .
PRINCIPAL' RIENKS CUST~OM HOMES, LLC (seal)
~' ~¢ 3 =--~z'% .... - H~IDI RIGER, PO BOX ¢~76
[ ~+~Se:~3~W ~'~OT.RWAW ~T*n~V TW ~ACT GLE~OOD SPRINGS, COm1602
% ~Accompany th~s Bo~d w~th cedfied copy of General Power of A~orney from the Suce~ Company to include
'~,~he d~te of the bon~.)
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· · TRAVELERS CASUALTY AND SURETy COMPANY 0F A-MP~CA
TRAVELERS cASUALTy ~ JURE~ ~OMPANY
FARM~G~TON cASuALTY COMPANY
Hartford, ConnectiCUt 06183'90t;2
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE r~sgN~Tg~ ~Y Y~vEE~ ~$~¥ AND SURETY coMPly OV
AMERICA, TRAVELERs CAsuALTy AND SURETY COMPANY arid F~G~O~ CASUALTy COMPANY,
corporations duly organized under the laws of the S~{e Of Co~eeti¢~tl and having their principal offices in the City of Hartford,
County of Hartford s~a~'0f Cona~!~cut (hereinafter thc "Companies") hath made, cOnstituted and appointed, and do by these
presents make const~tut$ a~{ appOmt: Wilson W. Coleman, He~d~ Riger, John F. Ned, of Glenwood Sprmgs, Colorado thexr true
and lawful Attorney(s)~inrl~act, with ~I power and anthortty hereby conferred to s~gn, execute and acknowledge, at any place within
the Unite'd $~s",~flic fo~ow~lg instrUment(s): by Ms/her sole signature and act any and all bonds recognizances, contracts of
~nde ~mr~ty, and other wrmngs:obhgatory xn the nature of a bond, reuognxzance, or conditional undertakxng and any and all consents
in¢i~"~.reto ,ot exd?eg;~g the SUm of FIVE HUNDRED THOUSA2fD ($500,000100) DOLLARS per bond and to bind the
CompresSed.toby'tis l~].y'and to the same extent as ff the same were mgned by the duly authorized officers of the Companies, and
all the h$~':d£ ~.d. ~tto~ '!~y(s)-in,Fact, pursuant to the authority herein given, are hereby ratified and Confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which R~solutions are
now in full force and effect:
VOTEDi That the Chainnan, the President, any Vice chamnan, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant TreaSurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chainuan, the President, any Vice Chairman, any Executive Vice President, any Serdor Vice President or any Vice President
may delegate ali or any part of the foregoing anthority to one or more officers or employees of this Company, provided that each such delegation is
in ~witing and a copy thereof is filed in the office of the SecretarY.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
m~dertaking shall be valid and binding upon the Company when (a) signed by the PreSident, uny vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice. president, the Treasurer any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretar/and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in h/s or her certificate or their cortifzcates of authority or
by one or more Company officers pursuant to a written delegation of anthority.
This Power of Attorney and Certificate of Authority is Signed and sealed by facsimile (mechanical or printed) under and by
authoriiY of the fOllPWing standing Reso!ntip9 ~P~t..ed~ ~by the Boards of D~r~¢t~? P~ ~LEIiS
COMPANY and FARMI~GTON
COMPANY~ Which ReS~iUtiOn is now in full force and effect:
VOTED: That the signature of each of the folio~ng 0ffi~rsi P:-~id~ntl any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents~ Resident Assistant Secretaries or AttorneysAn-Fact for
purposes only of executing and attesting bonds and undertakings and Other writings obligatory L,i the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be vaiid ~d binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile Seal shall bo valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 $ limits)
IN WITNESS WHEREOF, TRAVELERS CAsUALTy AND SURETY C0~Y OF ~EmC~, TRA~LE~S
CASUALTY AND SURETY COMPANY and EA~INGTON C~$U~T¥ C0~X~ fidv~ ~a~ this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 9th day of April 2001.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY A.ND SURETY CO]ViPANY
}SS. Hartford FARMINGTON CASUALTY CO~
COUNTY OF HARTFORD
~![~ co~../. ~ George W. Thompson
%~# Senior Vice President
On this 9th day of Ap~], 200 ! before me personally came GEORGE
· d de~s¢ ~d say: ~t Ac/she Js Senior ~ice President of
~E~CA, T~LE~ CASU~X~ ~ a~~N CAsu~TY ~O~ANY, t~e
co~orations dcsc~bcd in and w~ch executed ~e abov~ ~nstmmcnt~ that he/~he knows ~e seal~ 0f ~ald ~0radons; that the sc~s
~x~ to thc ~id ins~ent are such co.orate seals; and that he/she ~cCut~ thc said ins~ment 0n bch~f of thc co~ora~ons by
authoriW of ~s~cr office under thc Standihg R~6i~fi~h~
..... ~...,~ Carol A; Thompson
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF A~ERICA.
TRAVELERS CASUALTY AND SURETY CO~Y'~hid F~)i~G'['~i'I~ C'.~S'~'~OM~fi.~'Y, ~(odl~ c'°rp0rd~i~ns~ Of
the State of Connecticut~ DO HEREBY CERTIFY that th~ foregoing axid att~ached P~wer of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and S.%~led at tke..~ome Office of the Company, in the City of Hartford, State of Connecticut. Dated this 2 5 TI~ day of
~~ ~ ~ K o riM. J o hanson
Assistant Secretary, Bond