HomeMy WebLinkAboutresolution.council.035-94
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RESOLUTION NO. 2::>1:::;
Series of 1994
A RESOLUTION APPROVING THE CONTRACT AWARD TO INTERSTATE
ELECTRIC TO COMPLETE THE SECONDARY UNDERGROUNDING FOR THE
AERIAL UTILITIES UNDERGROUNDING IMPROVEMENT DISTRICT NO.2 AND
AUTHORIZING THE MAYOR OR THE CITY MANAGER TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City of Aspen a bid proposal from
Interstate Electric to complete the secondary undergrounding for the Undergrounding
Improvement District No.2 in the amount of $252,284.00
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the City Council of the City of Aspen hereby direct the District Engineer to
award the contract to Interstate Electric contingent upon the conditions of the bidding
documents and separate approvals by City Council of the Undergrounding final Assessment
Roll and Bonding Ordinances and hereby authorize the Mayor or the City Manager of the
City of Aspen to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the ;!S day of ~
, 1994.
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(Name, Title) MAY~
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 on the day hereinabove stated.
Kathryn S
ity Clerk
M83.94
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AGREEMENT
This AGREEMENT made and entered into as of the date hereinafter stated, between the CITY
OF ASPEN, Colorado, ("Owner") and Interstate Electrical Contractors, Inc.
, ("Contractor").
WHEREAS, the Owner 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 titled: Aerial Utilities Undergrounding Improvement District No.2, and
WHEREAS, Contracto.r, in response to such advertisement, or in response to direct invitation,
has submitted to the Owner, in the manner and at the time specified, a sealed Bid in accordance with
the terms of said Invitation to Bid; and,
WHEREAS, the Owner, in the manner prescribed by law, has publicly opened, examined, and
canvassed the Bids submitted in response to the published Invitation to Bid 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 an Agreement therefore, for the sum
or sums named in the Contractor's Bid;
NOW, THEREFORE, in consideration of the payments and Agreement hereinafter 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 material, 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 fifteen (15)
calendar days after the date of the NOTICE TO PROCEED and will complete the same by the
date and time indicated in the Supplementary Conditions, and elsewhere within the contract
documents, unless the time is extended in accordance with appropriate provisions in the Contract
Documellts"
4.
The ContracWr agrees to pelLorm all of the Work described in the Contract DOC'lments and
comply with the terms therein for the sum of Two hm.rlr~rl fi ftv two thousanrl. two
hundred eighty four and 41/ 100 ---- ($ 252,284.41 ).
5.
The term "Contract Documents" means and includes the documents listed in the Supplementary
Conditions and contained in the Bid Package. The Contract Documents are included herein by
this reference and, made a part hereof as if fully set forth here.
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The Owner shall pay to the Contractor in the manner and at such time as set forth in the General
Conditions such amounts as required by the Contract Documents.
6.
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This agreement 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 agreement shall not be binding upon the Owner unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly
authorized official in his absence) to execute the same.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in four copies each of which shall be deemed an original on the date
hereinafter written.
By: OL). (3~'
s. B~];fuyor
CITY OF ASPEN, COLORADO
Dated: ~~ I'TfY John
, A~TED BY: ~ ~A
~tyC(erk
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Electrical Contractors, Inc.
ATTESTED BY:
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Joyc~ K. Cillessen, Secretary
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PERFORMANCE BOND
BOND NO. 160070
KNOWN ALL MEN BY THESE PRESENTS: That
INTERSTATE ELECTRICAL CCNTRACTORS, INC.
. (Name of Contractor)
12421 West 49th Avenue, Unlt 8
Wheat Ridge, Colorado 80033
(Address of Contractor)
a
Corporation
, as Principal, (Corporation, ~
hereinafter called Contractor, and
HARTFORD CASUALTY INSURANCE COMPANY
(Name of Surety)
Hartford, Connecticut
(Address of Surety)
11- as Surety, hereinafter called Surety, are held and firmly bound unto The City of Aspen, Colorado, a
'. municipal corporation and home-rule City, as Obligee, hereinafter called Owner, in the amoutlt of'nKl
!llrnED FIPlY 'lID 'lIU.E'lW 'lID H.N:RED EIGlIY FIVE AN) 2S1lg:($ 2S2,2B5.~), in lawful money of the United States
for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these present.
WHEREAS, Contractor has by written agreement dated June 14 ,19..2j entered into a contract *
Vlith Owner for in accordance with the drawings and specifications prepared by
Schmueser Gardon Meyer, Inc., Aspen, Colorado
(Here insert full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
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NOW, 'I'HElmFORE, if Contractor 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 ex.tensions thereof which may be granted by the. Owner, with or without notice to the
Surety and during the guaranty period, and if Contractor shall satisfy all claims and demands inCUII'ed
under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse lUld repay the Owner all outlay
and expense which the Owner may incur in making good MY default, then this obligation shall be void;
otherwise it shall remain in full force and effect. .
* Aerial Utilities Undergrounding Improvement District No.2, Aspen, Colorado
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BYWr:/~ / (P/;O,.+~,.,!.':)' \\
>(Principal) Seeretary ,
Not Applicable
Witness as to Principal
INC.
Address
ATI'EST:
Not Applicable
(Surety) SecretaIy
Sheila J. Montova
Denver, Colorado
Address
HARTFORD CASUALTY INSURANCE COMPANY
Surety
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. ,:1'. R.' Richards.
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P. O. Box 9364 ')" \:-
Denver, Colorado eU2U9-D364 ';.'Ii) 1\'\
Address
Countersigned by:
Not Required
Colorado Resident Agent for Surety
NOTE: Date of BOND must not be prior to date of CONTRACT. If CONTRAcrOR is Partnership,
all partners should execute BOND.
IMPORTANT: Surely companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado.
"l.j THE ~~~;~~,9?n~?~ION
P.O. Box 9364, Denver, CO 80209-0364
Phone: 303-722-7776 FAX 303-722-8862
Surety Bonds and Insurance
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PAYMENT BOND
BeND NO. 160070
KNOW ALL MEN BY THESE PRESENTS: That
INTERSTATE ELECTRICAL CONTRACTORS, INC.
(Name. of Contrac:t.or)
12421 West 49th Avenue, Unit 8, Wheat Ridqe, Colorado 80033
(Add.... or eonu.,tot)
a Corporation , as Principal, and
(Co'l"'nlio.,J~~
HARTFORD CASUALTY INSURANCE COMPANY
Hartford, Connecticut
(II.... of '0"'1)
(AddCClI of Surd1)
hereinafter called Surety, are held and firmly bound unto The City of Aspen, Colorado, a municipal
corporation and home-mle city, as Obligee. hereinafter caIled Owner, for the use and benefit of claimants
as hereinbelow provIded in the amount of TI'D IIlirnED FJFIY TI'D TIUlSAN) TI'D IIlirnED EICHlY FIVE IN) 25/lCXJ
($ 252,285.25-- ), for payment whereof Principle and SUrety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principle has by written agreement dated June 14 ,19--2.i, entered into a contract
with Owner for Aerial Utilities Underqroundinq Improvement District No.2
Aspen, Colorado
in accordance wIth the drawings and specifications prepared by
Schmueser Gordon Meyer, Inc., Aspen, Colorado
(Hert: ilUed. fun.1IDO" iitlcs.nd ..ddRW)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDmON OF TIDS OBLIGATION is such that, if Principal shall promptly
make payment to all claimants hereinafter defined, for all labor and material used or reasonable required for
the use in the perfonnance of the Contract, then this obligation shall be void; otherwise it shall remJlin in
full force and effect, subject, however, to the following conditions:
1. A claimant is defined as having a direct contract with the Principle or with a subcontractor of the
Principal for labor, material, or both, used or reasonably required for the perfonnance 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.named Principle and Surety hereby jointly and severally agree with the Owner that
every claimant as herein defined who has not been paid in full before the expiratioll of ninety (90) days after
the date on which the last of such claimant's work or labor was done or perfonned 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 Owner shall not be liable for the payment of any costs or expenses of any such
suit.
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By: Jl-xf//<- ~}\("p('<0.4<,v~'
(P1'incipal) ':Se'<;retary '"
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INTERSTATE
INC.
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Not Applicable . ,'} I ,'11\ ,)
Witness as to Principiil '
Address
ATIEST:
HARTFORD CASUALTY INSURANCE COMPANY
Not AnnlicnhJP-
(Surety) Secretary
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Surety '.
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J. R.~~c;hards.,'
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P. O. Box 9364 . /,/ 1\
Denver, Colorado 80209-0364
Address
Countersigned by:
Denver, Colorado
Address
Not Reouired
Colorado Resident Agent for Surety
DATE: Dale of BOND must not be prior to date of CONTRACT, If CONTRACTOR is Partnership,
all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado.
....j THE ~~i~~~~!?:g~~~~ION
p.o. Box 9364, Denver, CO 80209,0364
Phone,303-722-7776 FAX 303.722.8862
Surety Bonds and Insurance :
HaJlfo!rf Gasuaily InSurance Cc?,!,PijIJY
~~~$~3m~O~~
i~OM'Jef, CO 80237 r_' :
DenVfH, I,
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HARTFORD CASUALTY INSURANCE COMPANY
EXECUTIVE OFFICE: Hartford, Connecticut
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POWER OF ATTORNEY
Know all men by these Presents. That the HARTFORD CASUALTY INSURANCE COMPANY, a
corporation duly organized under the laws of the State of Indiana. and having its Executive Office in the City of Hartford.
County of Hartford. State of Connecticut, does hereby make. constitute and appoint
B. R. CLARK, CHARLES H. FLECK I COURTNEY T. PETERSON I CAROL BRONDER I
ROBERT J. SUNIGR, LEON B. IJARTOIS, JAMES S. ROSULEK, MELVIN HARDENBROOK, JR.,
CELESTE MOORE, J. R. RICHARDS and WILLIAM K. BARBOUR of DENVER, COLORADO
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its true and lawful Attomey(s)-i'n~Fact, with full power and authority to each of 'said Attomey(s)-in-Fact, in their separate
capacity If more than one is named above, to sign. execute and acknowledge any and all bonds and undertakings and other
writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons
holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies:
guaranteeing the performance ot insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed.
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an-cito bind the THE HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such
bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
HARTFORD CASUALTY INSURANCE COMPANY and sealed and attested by one other at such Officers, and hereby
ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors
of the HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day at June, 1988.
RESOLVED. that. the President or any Vice-President. acting with any Secretary or Assistant Secretary, shall have power and authority to appoint.
for purposes only of executing and attestlng bonds and undertakings and other writlngs obligatory in the nature thereot. one or mere Resident
Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such Resident Vice-President. Resident Assistant
Secretary, or Attorney-in.Fact. and revoke the pOwer and authority given to him.
Attorneys.in-Fact shall have power and authority, subject to the tenns and limitations at the power of attorney issued to them. to execute and deliver
on behalf ot the Company and to attach tt1e seal ot the Company ltlereto any and all bonds and undertakings, and either writings obligatory in the nature
thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and
sealed and attested by one other of such Officers.
RESOLVED, that, Robert N. H. Saner. Assistant Vice-President. shall have. as long as he holds such office. the same powers as any Vice-President
pursuant to the preceding Resolution.
RESOLVED. that, whereas the President or any Vice-President, acting with any Secretary or Assistant Secretary, has the power and authority to
appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings. and other writings obligatory in the nature thereof.
one or more Resident Vice-Presidents. Assistant Secretaries and Attorneys-in.Fact.
Now therefore, the signatures of such Officers and the seal of ltle Company may be affixed to any such power of attomey or to any cartificate relating
thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and faCSImile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking 10 which it is attached.
RESOLVED, that, Robert N. H. Sener. Assistant Vice-President, may. as long as he holds such office, affix his signature by facsimile pursuant to and
with the same eftecl as that granted to Vice-Presidents under the preceding Resolution. .
In Witness Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these prese'nts to be signed
by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day of
August, 1990.
HARTFORD CASUALTY INSURANCE COMPANY
Attest:
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Richard R. Hennanson.
Secretary
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STATE OF CONNECT,CUT I ~.
COUNTY OF HARTFORD \
On this 2nd day of August, A.D. 1990. before me personally came Robert N. H. Sener. to me known, who being by me
duly sworn, did depose and say: that he resides in the County of Hartford. State of Connecticut; thathe is the Assistant Vice-
President of the HARTFORD CASUALTY INSURANCE COMPANY, the corporation described in and which executed the
above instrument: that he knows the seal of the said corporation; that the seal affixed to the said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name
thereto by like order.
Robert N..H. Sener
Assistant Vice President
STATE OF CONNECTICUT
COUNTY OF HARTFORD
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Notary Public
My Co~mission Expires March 31. 1994
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CERTIFICATE
l. the undersigned, Assistant Secre~ary of the HARTFORD CASUALTY INSURANCE COMPANY, an Indiana
Corporation, 00 HEREBY CERTIFY th:l~' \r:~ Idl;~o_ing and attached POWER OF ATTORNEY remains in full force and has.
not been revoked: and furthermore,,,1h~t the ResolljtH)tl~ of the Board of Directors, set forth in the Power of Attorney, are now
in~~. .,"'"
Signed and sealed at th'1,yi'~Y'Of ~~tI6~d.,I.' Oateq the
14th
day of
June
1994
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DavidA. Johnson
Assistant Secretary
ForfTl S-3507-6 (He)
Printed in U,S,A
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