HomeMy WebLinkAboutresolution.council.064-95
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RESOLUTION NO. &, Lj
(Series of 1995)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO, AND ELAM CONSTRUCTION FOR THE 1995 STREET OVERLAY
PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREE-
MENT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a
contract between the city of Aspen, Colorado, and Elam Construc-
tion, a copy of which contract is annexed hereto and made a part
hereof.
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 Elam
Construction for the 1995 street overlay program, a copy of which
is annexed hereto and incorporated herein, and does hereby autho-
rize the city Manager to execute said lease on behalf of the city
John
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. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
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resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held
~4?
1/
, 1995.
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AGREEMENT
TH~S REEMENT made as of the !21:Jf/t day of . '
_, 19 , by and between the CITY OF ASPEN, Colorado, t
CONSTR CTlON, INC.
('Contractor'') .
ELAM
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: CITY
OF ASPEN, 1995 STREET IMPROVEMENT PROJECT, SCHEDULE A.
WHEREAS, Contractor, 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 for Bids; 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
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 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 seven (7) calendar days after the date of the NOTICE TO PROCEED and
will complete the same by the date and time indicated in the Supplemental
Conditions unless the time is extended in accordance with appropriate
provisions in the Contract Documents.
Page 1 of 4
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4.
The Contractor agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for a sum not to exceed ONE
HUNDRED FIFTY-FOUR THOUSAND, SEVEN HUNDRED THIRTY-SEVEN
DOLLARS AND FIFTY CENTS DOLLARS ($ 154,737.50 ) or as shown on the
BID schedule.
5. The term "Contract Documents" means and includes the documents listed in
the Supplemental Conditions. The Contract Documents are included herein by
this reference and made a part hereof as if fully set forth here.
6. 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.
7.
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 be subject to the City of Aspen Procurement Code, Chapter 3
of the Municipal Code, including the approval requirements of Section 3-11.
This agreement shall not be binding upon the Owner unless duly executed by
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 Owner and the Contractor respectively and their agents,
representatives, employees, successors, assigns and legal representatives.
Neither the Owner 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 Contractor of
Owner may assign this Agreement in accordance with the specific written
consent, any rights to claim damages or to bring suit, action or other
proceeding against either the Owner or 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
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terms, covenants or conditions herein contained, to be performed, kept and
observed by the other party.
11.
The Parties agree that this Agreement was made in accordance with the laws of
the State of Colorado and shall be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
12.
In the event that legal action is necessary to enforce any of the provisions of
this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
13.
This Agreement was negotiated and reviewed through the mutual efforts of the
parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal
status of the parties in the negotiation, review or drafting of this Agreement.
14.
The undersigned representative of Contractor, as an inducement to the Owner
to execute this Agreement, represents that s/he is an authorized representative
of the Contractor for the purposes of executing this Agreement and that s/he
has full and complete authority to enter into this agreement for the terms and
conditions specified herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
ATTESTED BY:
OWNER:
CITY OF ASPEN, COLORADO
By:
Page 3 of 4
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APPROVED AS TO FORM:
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City ttorney
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F, ance Director
CONTRACTOR:
ATTESTED BY: Elam Construction, Inc.
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By: /" '}?'.':V?t/ ."! ?/' i;.v.Y-L.._~
Robert E. Lemke, Assistant Secretary " Harold F. Elam, President
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CONTRACTOR'S AFFIDAVIT
STATE OF COLORADO)
COUNTY OF PITKIN)
) ss.
The foregoing was acknowledged before me this
, 19--.22., by Harold F. Elam
President
, Contractor.
day of September
, whose title is _
Elam Construction, Inc.
20
of
Witness my hand and official seal.
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James M. McKenzie
My Commission expires: 8/18/98
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CONSTRUCTION, INC.
1225 South 7th Street
Grand Junction, Colorado 81501
(970) 242-5370. FAX: (970) 245-7716
City of Aspen, Colorado
Attn: Jack Reid
1080 Power Plant Road
Aspen, Colorado 81611
Ref: City of Aspen 1995 Street Improvement Project
Jack,
e Here are the Performance and Payment bonds for the Aspen City Street
Improvement Project, along with copies of Elam's general liability and worker compensation
insurance certificates.
If you have any questions or need additional information, please call.
zery Truly,
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Jim McKenzie, Controller
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"~I Continental
nsurance@
Bond No. BNS148 14 88
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 (Feb. 1970 Edition)
KNOW All MEN BY THESE PRESENTS:
That ELAM CONSTRUCTION, INC.
(Here insert full name and address or legal title of the Contractor)
1225 South 7th Street, Grand Junction, Colorado 81501
... FIREMEN'S INSURANCE CCMPANY OF NEWARK NEW JERSEY
as PnnClpal, heremafter called Contractor, and ' as Surety,
(Here insert full name and address or legal title of Surety)
hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN, COLORADO
(Here insert full name and address or legal title of Owner)
130 South Galena Street, Aspen, Colorado 81611
a~IbJ~esRW{p~ cgg/~~~~:~~~~~':.~~_o_~n~.?L~~_~~~_~=~_~~Uo~la:~U~~ 7~~~~-~~~~~-:l,
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
entered into a contract with Owner for Clty of Aspen, 1995 Street Improvement Project, Schedule A,
Aspen, Colorado
in accordance with drawings and specifications prepared by
(Here insert full name and address or legal title of Architect)
.' hich contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
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\it . NOW, THEREFORE, THE CONDITION OFTHIS Q8L1GA liON is such that, if Contractor shall promptly and faithfully perform said contract, then this
'\,- obligation shall be null and 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 Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations
thereunder, 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 Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract
between such bidder and Owner, and make available as work progresses (even though there should be a default or a 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; but
not exceeding, 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 Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors,
administrators or successors of the Owner.
Signed and sealed this
day of
A.D. 19
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obert E. Lemke, Assistant Secretary Harold F. Elam (Tltle)President
(Seal)
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ARK, NEW JERSEY
(Surety)
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B"W- pi,,;; --., ~L..--'~
(~~!.~ste Moore 1 (Title) Attorney-in-Fact
(Seal)
FIREMEN'S INSURANCE CCMPANY OF
BOND 4393C
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Bond No. BNS148 14 88
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LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 (Feb. 1970 Edition)
Note: This bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract
KNOW ALL MEN BY THESE PRESENTS:
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ELAM CONSTRUCTION,
INC., 1225 South 7th Street, Grand Junction,
(Here insert full name and address or legal title of the Contractor)
Colorado 81501
as Principal, hereinafter called Principal, and FIREMEN'S INSURANCE CCMPANY OF NEWARK, NEW JERS~s Surety,
(Here insert full name and address or legal title of Surety)
hereinafter called Surety, are held and firmly bound unto erN OF' ASPRN. COT {)RADO r 110 South Galena
(Here insert full name and address or legal title of Owner)
Street, Aspen, Colorado 81611
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
em BJ:JN:REI) F!FI'{ KIJR TIilB\N) SEVEN BJ:JN:REI) TIITRIY SEVEN AN) 50/l00----:1)0Ilars ($154,737.50--------- ),
(Here insert a sum equal to at least one~half of the contract price)
forthe payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
entered into a contract with Owner for City of Aspen, 1995 Street Improvement pro"iect, Schedule A,
Aspen, Colorado
in accordance with drawings and specifications prepared by
(Here insert full name, title and address or legal title of Architect)
which contract 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 the Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required for 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 one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or
.... asonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil,
'w oline, telephone service or rental of equipment directly applicable to the Contract. .
~. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been
'lJ"" aid in full before the expiration of a period 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 the use of such claimant, prosecute the suit to final judgment for such sum orsums 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.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The
Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed, the last of the work or labor, orfurnished the
last of the materials 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 or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certjfied mail,
postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of
business, or served in any manner in which the legal process may be served in the state in which the aforesaid project is located, save that such service need
not be made by a public officer.
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 court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment
by Surety of mechanics' liens which may be filed of record against said improvement, whether or notdaim for the amount of such lien be presented under
and against this bond.
Signed and sealed this
day of
A.D. 19.
B
ELAM CONS
~Y:
(Seal)
Assistant Secretary
Harold F.
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FIREMEN'S
BY:,/'
(Seal)
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BOND 419:JC
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c(:este Moore
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Firemen's Insurance Company of Newark, New Jersey
GENERAL POWER OF ATTORNEY
t~-" Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
'.s made, constituted and appointed, and by these presents does make, constitute and appoint
Celeste Moore of Denver, Colorado
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings
and contracts of suretyship to be given to
All Obl igees
provided that no bond or undertaking or contract of suretyship executed under this authority ,shall exceed in amount the sum of
Five MilLion (5,000,000) Dollars
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by
the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th
day of January, 1989:
"RESOLVED. that the Chainnan of the Board. the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President Of a Vice PTestdent of the
Company, be. and that each or any of them hereby is, authorized to execute Powers of Anomey qualifying the attomey named in the given Power of Anomey to execute in behalf of the
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bonds, undertakings and all conlracts of suretyship; and that ,m Assistant Vice President, a Secretary or an Assistant
Secretary be. and thai each Of any of them hereby is, authorized to attest the execution of any such Power of Anomey, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate rela.ling thereto by
fao.imile, and anysuch Power of Anomeyorcertiftcate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future
with respect to any bon(1. undertaking or centrad of surelyShip to which it is attached."
In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed,
and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 7 day of May
19 90
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FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
By
D.l. Banta, As.sistant VICe Pre!.idenl
(--:1. &.~
Emil B. As.kew, Vice Prestdent
STATE OF CONNECTICUT
COUNTY OF HARTFORD
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On this 7 day of May ,19 before me personally came Emil B. Askew, to me known, who being by me duly sworn, did
depose and say that he isa Vice President oft~ FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW jERSEY,the corporation described
in and which executed the above instrumenl; thai he knows the seal of the said corporalion; thai the seal affixed 10 the said instrumenl 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.
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NOTAR.Y PUBLIC
My Commission Expires March 31, 1993
CERTIFICATE
I, the undersigned, an Assistant Vice President of the FIREMEN'Slt>ISURANCE COMPANY OF NEWARK, NEW JERSEY, aNew Jersey
.ration, DO HEREBY CERTIFY that the foregoing and, attached poweriott\tt,,'o, rney remains in full force and has not been revoked; and
It. ermore that the Resolution of the Board of Directors, set forth in the saidl'ower of Attorney, is now in force.
'I,.. Signed and sealed at the town of Farmington, the State ofConnecticu t. Dated the La of ,19 .
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21 BOND 431>1
Printed in U.S.A
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"~I Continental
nsurance.
Bond No. BNS148 14 88
PERFORMANCE BOND
Approved by The American Institute of Architects
A.IA Document No. A-311 (Feb. 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS:
That ELAM CONSTRUCTION, INC.
(Here insert full name and address or legal title of the Contractor)
1225 South 7th Street, Grand Junction, Colorado 81501
..' FIREMEN'S INSURANCE CCMPANY OF NEWARK NEW JERSEY
as PrincIpal, hereinafter called Contractor, and ' as Surety,
(Here insert full name and address or legal title of Surety)
hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN, COLORADO
(Here insert full name and address or legal title of Owner)
130 South Galena Street, Aspen, Colorado 81611
as Obligee hereinafter called Owner in the amount of ONE HUNDRED FIFTY FOUR THOUSAND SEVEN HUNlJlllilJ
THIRTY SEVEN AND 50/l00-'---C---------------------------------Uollars ($ 1 '14. Tn 'iO---------::j,
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
entered into a contract with Owner for Cl ty of Aspen, 1995 Street Improvement Project, Schedule A,
Aspen, Colorado
in accordance with drawings and specifications prepared by
(Here insert full name and address or legal title of Architect)
11_' hich contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
t$
'%l;,,< . ~OW, THEREFORE, TH~ CONDIT~O~ OFTHIS O.BL~GA IION is such that, if Contractor shall promptly and faithfully perform said contract, then this
- oblIgation shall be null and VOId; otherwise It shall remam In full force and effect.
The Surely hereby waives notice of any alteration or exlension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations
thereunder, 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 Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract
between such bidder and Owner, and make available as work progresses (even though there should be a default or a 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; but
not exceeding, 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 Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors,
administrators or successors of the Owner.
Signed and sealed this
day of
A.D. 19
ATffiT'w/y_~ t:~ '
Robert E. Lemke, Assistant Secretary Harold F. Elam {Tltlel President-
(Seal)
FIREMEN'S
INSURANCE CCMPANY OF NEWARK, NEW JERSEY
By:l~ .~ ~ jJl:~~-.
eleste Moore (Title) Attorney-in-Fact
0",-".,_.".__
(Seal)
BOND 4393C
,
.(
Bond No. BNS148 14 88
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 (Feb. 1970 Edition)
Note: This bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract
KNOW ALL MEN BY THESE PRESENTS:
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ELAM CONSTRUCTION,
INC_. 1225 South 7th Street. Grand Junction,
(Here insert full name and address or legal title of the Contractor)
Colorado 81501
as Principal, hereinafter called Principal, and FIREMEN'S INSURANCE CQ\IlPANY OF NEWARK , NEW JERSID'as Surety,
(Here insert full name and address or legal title of Surety)
hereinafter called Surety, are held and firmly bound unto rT'l'Y OF I\SPRN. COT .oRl\flO. ] 30 sOllth Galena
(Here insert full name and address or legal title of Owner)
Street, Aspen, Colorado 81611
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
em HUN:RED FIFTIc R1JR 1:H:JElN) SEVEN HUN:RED TIllRI'l SEVEN AN) 50/l00----:1Jollars ($154,737.50--------- ),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
enteredintoacontractwithOwnerfor City of Aspen, 1995 Street Improvement Proiect, Schedule A,
Aspen, Colorado
in accordance with drawings and specifications prepared by
(Here insert full name, title and address or legal title of Architect)
which contract 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 the Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required for 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 one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or
. asonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil,
d; oline, telephone service or rental of equipment directly applicable 10 the Contract.
%1; 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been
C'''' id in full before the expiration of a period 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 the use of such claimant, prosecute the suit to final judgment for such sum or 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.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The
Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed, the last of the work or labor, odurnished the
last of the materials forwhich 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 or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of
business, or served in any manner in which the iegal process may be served in the state in which the aforesaid project is located, save that such service need
not be made by a public officer.
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 court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment
by Surety of mechanics' liens which may be filed of record against said improvement, whether or not.claim forthe amount of such lien be presented under
and against this bond.
Signed and sealed this
day of
A.D. 19
ATrEST: ELAM CONS
B~~~,."~' "'0" ,. ",.
~-SS: FIREMEN'S INSURANCE CQ\IlPANY OF NEWARK, NEW JERSEY
.1'1J.t; /(Surety)
11 "',t&,<_~<"
(Title) Attorney-in-Fact
(Seal)
(Seal)
~
lorado
BY,;/' V
l'leste/Moore
~'"."_...~.""
BONQ4]<JJ(
--
l ,- Firemen's Insurance Company of Newark, New Jersey
0,
GENERAL POWER OF ATTORNEY
~- Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
\.s made, constituted and appointed, and by these presents does make, constitute and appoint
Celeste Moore of Denver, Colorado
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Cornpany, as surety, bonds, undertakings
and contracts of suretyship to be given to
All Obligees
provided that no bond or undertaking or contract of suretyship executed under this authority ,shall exceed in amount the sum of
Five Mitlion (5,000,000) Dollars
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by
the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th
day of january, 1989:
"RESOLVED, that the Chainnan of Ihe Board, the Vice Chairman of the Board, the President, an Executi....e Vice President or a Senior Vice President or a Vice President of !he
Company, be, and thai each or any oflhem hereby is, authorized to execute Powers of Attorney qUdlifying the attomey named in the given Power of Anomey fa execute in behalf of the
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW IERSEY, bonds, undertakings and all contracts of suretyship; and thai an Assistant Vice President, a Secretary or an Assistant
Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, lhatthe signatures of such offic~ and the seal of the Company may be affixed 10 any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Anomeyorcertificate bearing such facsimile signatures orfacsimile seal shall be ....alid and binding upon the Company when so affixed and in the future
with re5pect to any bond, undertaking or contract of suretyship 10 which it is attached."
In Wrtness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed,
and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 7 day of May
19 90
c~_
:@, est.
\%:,\,' .
FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY
[);(~
By
D.l. Banta, Assistant VICe President
(--.:1. f::.. ~
Emil 8. Askew, Vice President
STATE OF CONNECTICUT
COUNTY OF HARTFORD
}
""'
On this 7 day of May ,199ft before me personally came Emil B. Askew, to me known, who being by me duly sworn, did
depose and say that he isa Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, 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.
9-\,.,l?~
o . .~"-
O~''''OTARY ,"',
.; * '.
. PUBLIC
&~
CERTIFICATE
1~!.1fL
NOT^RY PUBLIC
My Commission Expires March 31, 1993
I, the undersigned, an Assistant Vice President of the FIREMEN'S INS,IJRANCE COMPANY OF NEWARK, NEW JERSEY, a New jersey
.orporation, DO HEREBY CERTIFY that the foregoing and attached Power of t,li,O rney remains in full force and has not been revoked; and
,I ermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force.
,y
~-
""" Signed and sealed at the town of Farmington, the State of Connecticut. Dated the ~a of ,19 "
,.....",., ~ r /'
$/ """'~ . ~
~. ~ 1. I. Denn' lone, ",,'''ani Vice "'",idenl
,....i;/i...:.-;'i~~\~ ..
21 BOND 431\l
Printed in U.S.A.
..,..................,.-........-,.-.',.
fA.~..III.~
11111611111111'111111111::'
n';':'-':;:';"';"':':';"';'":,,,;,;,;,;_,,;,;,:,:,:",:,:,:,:,:,:,:,:,:,:,:,:,:",:,;",:",:,:,;,:".;.:"':':';':':':':':':':':':':':':':"':';':':';':':';':',..,:.;.....,...........,'..,.,'............,........,...........'.....'..,..'..,...,.........,.....,.....,............'....
PRODUCER
HRH/Talbert
455 Sherman Street,
.0. Box 9364
CO 80209
Suite 390
DATE{MM/DDfYY)
09/19/95
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
AUnited States Fidelit
& Guarant
Co
INSURED
Elam Construction, Inc.
1225 South 7th Street
Grand Junction, CO 81501
COMPANY
B
COMPANY
C
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOlWITHSTANDING A~ REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
T'fPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE L1CY EXPIRATION
CATE (MM/DDIYY) DATE (MM/DDIYY)
10/01/94 10/01/95
LIMITS
A GENERAL LIABILITY
X OMMERCIAL GENERAL L1ABILlT
CLAIMS MADE [1ll OCCUR
WNER'S & CONTRACTOR'S PRO
1MP30093661400
A AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON.OWNED AUTOS
1MP30093661400
10/01/94 10/01/95
GENERAL AGGREGATE $2
PRODUCTS-COM PlOP AGG $2
PERSONAL & ADV INJURY $1
EACH OCCURRENCE $1
FIRE DAMAGE Anyone fire $
MED EXP(Anyone person) $
000
000
000
000
50
5
000
000
000
000
000
000
COMBINED SINGLE LIMIT
$1,000,000
BODILY INJURY
(perperllon)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE $
GARAGE LIABILITY
ANY AUTO
AUTOONLY-EAACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
10/01/94 10/01/95 EACH OCCURRENCE $5 000 000
AGGREGATE $5 000 000
$
A EXCSSSLlABILlTY 1MP30093661400
X UM BRELLA FOAM
OTHER THAN UM BRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETORI INCL
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
OTHER
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
RE: 1995 City of Aspen Paving Project, Aspen,
Cert Holder is Add' I Insured as respects Gen'l
CO
Liab.
*,-.".
~
'Il
City of Aspen
130 S. Galena Street
Aspen, CO 81611
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANYWILLENDEAVORTO MAIL
~ DAYS WRITTeN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHAL I~OSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THCOMPANY TS AGeNTS OR.-REPRESENTATIVES.
AUTHORIZED REPRES TA VE
,.".....................-,-....."..
.,,,,...............................
...... A.~.tmt.
1111111111111 111111111 !
PRODUCER
HRH/Talbert
455 Sherman Street,
.0. Box 9364
CO 80209
Suite 390
DATE (MM/DD/YY)
09/19/95
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
AUnited States Fidelit
& Guarant
Co
INSURED
Elam Construction, Inc.
1225 South 7th Street
Grand Junction, CO 81501
COMPANY
B
COMPANY
C
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD
INDICATED, NOlWlTHSTANDING IWY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TIPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE L1ey EXPIRATION LIMITS
LTR DATE (MMIDDIYY) DATE (MM/DDIYV)
A GENERAL LIABILITY 1MP30093661400 10/01/94 10/01/95 GENERAL AGGREGATE $2 000 000
X OMMERCIAL GENERAL LtABILlT PRODUCTSwCOMP/OP AGG $2 000 000
CLAIMS MADE [X] OCCUR PERSONAL & ADV INJURY $1 000 000
WNER'S & CONTRACTOR'S PRO EACH OCCURRENCE $1 000 000
FIRE DAMAGE Anyone fire) $ 50 000
MEDEXP Anyone person) $ 5 000
A AUTOMOBILE LIABILITY 1MP30093661400 10/01/94 10/01/95
X COMBINED SINGLE LIMIT $1,000,000
ANY AUTO
ALL OWNED AUTOS BOOIL Y INJURY
(per person) $
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(peraccldenl) $
NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY AUTOONLY.EAACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
A EXCESS LIABILITY 1MP30093661400 10/01/94 10/01/95 EACH OCCURRENCE $5 000 000
X UM BRELLA FORM AGGREGATE $5 000 000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND STATUTORY LIMITS
EMPLOYERS' LIABILITY EACH ACCIDENT $
THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPEAATIONS/lOCATIONSfVEHICLES/SPECIAL ITEMS
RE: 1995 City of Aspen Paving Project, Aspen, CO
Cert Holder is Add'l Insured as respects Gen'l Liab.
G$R'IiFi(iAU:il61$~ij:.I.",..(iAliidellliAIiQN:)
SHOULD ANY OF THE ABOVE DESCRIBED pOLICIES BE CANCELLED BEFORE THE
..
~'.
City of Aspen
130 S. Galena Street
Aspen, CO 81611
EXPIRATION DATE THEREOF, THE ISSUING COMPANYWILLENDEAVOR TO MAil
~ DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHA Mf\.OSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON T COMPANY ITS AGeNTS oa--'REPRESENTATlVES.
AUTHORIZED REPRE NTA IVE !//
,-;._,1__ ,,(....;
'?-i.~t~7M;:....:L-^,,~-.,~,c,,",
.II,....,..ID]ljliiACQflpCQi!ppijAriQNji!ii~
Certificate of Insurance
nus CERTlFICATE [S lSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGI-ITS UPON YOU THE CERTTHCATE HOLDER. TH[5 CERTIFlCATE]S NOT
AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW
~~
Name and
address of
Insured.
tI
LIBERTI .:-
MUTUAL, .
This is to Certify that
_I
, ELAM CONSTRUCTION INC &
"'l!" BLUEfOP ENTERPRISES INC
1225 SOUTH 7TH STREEf
I GRAND JUNCTION CO 81501 ~
Is, at the issue date, of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their
terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be
issued
I
I" 0 EXP. DATE I
CONTINUOUS
TYPE OF POLICY I CJ EXTENDED POLICY NUM8ER lIMIT OF. LiABILITY
0 POLICY TERM
WORKERS COVERAGE AFFORDED UNDER we EMPLOYERS LIABILITY
LAW OF THE FOLLOWING STATES:
COMPENSATION Bodily lniurv BvAccident
7/01/96 WC7-191-418482-015 500,000 Each
COLORADO Accident
Bodily Injury By Disease
500,000 Policy
limit
Bodily Injury By Disease
500,000 Each
Person
I GENERAL Generai Aggregate - Other Ihan Products/Compieted Operations
I
LIABiliTY
0 OCCURRENCE Products/Compieted Operations Aggregate
0 CLAIMS MADE Bodilv Injurv and ProperlY Damaae liability
Per
Occurrence
PerscnaJand Advertising Injury Per Person!
- RETRO DATE Organization
'~ Olher Other
AUTOMOBILE Each Accident - Single limit
LIABILITY B.I. and P.D. Combined
0 OWNED Each Person
0 NON.OWNED Each Accident or Occurrence
0 HIRED Each Accident or Occurrence
OTHER
ADDITIONAL COMMENTS
RE: CITY OF ASPEN, 1995 STREET IMPROVEMENT PROJECT IIll SEP 1. 5 1995 ltJJ
SCHEDULE A
e:l.
'-0 EI;~f" ,;~~-',~--:~..~'-~.==---'-h,-'
- ,L.r'~I\n V\.n'l~~~ ! ~ H\P."",~
.. If the certificate expiration date is continuous or extended term, you will be notified if coverage Is terminated or reduced before the certificate expiration date.
SPECIAL NOTICE-OHIO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS
AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE
THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED ~ --..,
aHE ABOVE POLICIES UNTIL AT LEAST 3.l DAYS 1
~.FSUfIi.CANCELLATIONHASBEENMAILEDTO: "I .-<--<-~ ~.~
CER~fICATE CITY OF ASPEN THERESA SACCA
HOLDER 130 S GALENA STREET AUTHORIZED REPflESENTATIVE
ASPEN CO 81611
L
Liberty Mutual Group
ENGLEWOOD
-.J
OFFICE
(303) 799-0818
PHONE NUMBER
9/11/95
This certificate lS executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies
DATE ISSUED
BS 772L R2
-~
Certificate of Insurance
TH[S CERTIFICAU: [S ISSUED AS A MATTER OF INFORlvlATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE 15 NOT
AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, ORALTER T1-1E COVERAGE AFFORDED BY THE POLICIES LISTED BEIDW.
~-
Name and
address 01
Insured.
LIBER1Y~
MUTUAL~
This is to Certify that
tAl ELAM CONSTRUCTION INC &
'. BLUETOP ENTERPRISES INC
1225 SOUTH 7TH STREET
I GRAND JUNCTION CO 81501 -.J
Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their
terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be
issued
'I
-
EXP. DATE
.0 CONTINUOUS
TYPE OF POLICY 0 EXTENDED POLICY NUMBER liMIT OF liABILITY
181 POLICY TERM
WORKERS COVERAGE AFFORDEO UNDER WC EMPLOYERS LIABILITY
LAW OF THE FOLLOWING STATES:
COMPENSATION Bodily Injury By Accident
7/01/96 WC7-191-418482-015 500,000 Each
COLORADO Accident
Bodily Injury By Disease
500,000 Polley
Limit
Bodily injury By Disease
500,000 Each
Person
GENERAL General Aggregate - Other than Products/Completed Operations
I LIABILITY
I D OCCURRENCE Produc1slCompleted Operations Aggregate
D CLAIMS MADE Bodily Injury and ProperlY DamaQe Liability Per
Occurrence
Parsonal~and-Advertising Injury Per Person!
l RETRO DATE . Organization
'\", Other Other
AUTOMOBILE Each Accident ~ Single limit
LIABILITY B.i. and P.D. Combined
D OWNED Each Person
D NON.OWNED Each Accident or Occurrence
D HIRED Each Accident or Occurrence
OTHER
ADDITIONAL COMMENTS
REo CITY OF ASPEN, 1995 STREET IMPROVEMENT PROJECT
SCHEDULE A
* If the certificate expiration date Is continuous or extended term, you will be notified if coverage Is terminated or reduced before the certificate expiration date.
SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGA[NST AN INSURER, SUBMITS
AN APPLICATION OR FILES A CLAIM CONTAIN[NG A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. Liberty :Mutual Group
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS [5 ENTERED BELOW.) BEFORE
THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED
u,.,.,., THE ABOVE POLICIES UNTIL AT LEAST 3) DAYS
( F SUiNCElLATION HAS BEEN MAILED TO: I
.~'"
CITY OF ASPEN
130 S GALENA STREET
ASPEN CO 81611
L
CEf\11ACAJE
HOLDER
Q...! ~'-~
' , ,,--'
, ,"..,~,.._,,"'H '-- . .-
THERESA MlSACCA
AUTHORIZED REPRksENTATIVE
-.J
ENGLEWOOD
(303) 799-0818
9/11/95
OFFICE
PHONE NUMBER
nA TF 1,c,,c,1 i~n
BS 772L R2
This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies
-""..
:;1'.
en
~\t SEP 091995 1UJ
ELAM CONol. INC,
NOTICE OF AWARD
CONTRACT FOR CONSTRUCTION
CITY OF ASPEN
1995 STREET IMPROVEMENT PROJECT
SEPTEMBER 6, 1995
Mr. Charles Ellsworth
Elam Construction, Inc.
i. ~~;~dSj:~~t7;~, CO. 81501
Dear Charlie:
This is to inform you that following the opening of Bids on August 31, 1995 for the
above referenced project, all bids received were evaluated in accordance with the
criteria set forth in the Invitation to Bid and determination was made that your bid was
the lowest responsible and responsive bid. Accordingly, the City of Aspen hereby
accepts your bid to perform the work outlined in the bid documents for an amount not
to exceed One Hundred Fifty-four Thousand, Seven Hundred Thirty-seven Dollars and
Fifty Cents ($154,737.50), subject to approval by the City Council of the City of Aspen.
This contract will be presented to the City Council for their approval on September 25,
1995. Your attendance at this meeting is not necessary although you are certainly
welcome to attend.
In accordance with the provisions set forth in the Contract Documents, you must
comply with the following conditions precedent within seven (7) days of the date
this Notice of Award, that is by 5:00 PM, September 18, 1995.
Ife'
I Wi "
'<';
1.
You must deliver to the City of Aspen three (3) fully executed
counterparts of the Agreement.
@ recycled paper
1lA..,'..
\0"
(-
"~a
\'.
You must comply with the following conditions precedent within twelve (12) days (Jf
the date of this Notice of Award, that is by 12:00 noon, September 25, 1995.
1. You must deliver the Contract Security.
2. You must deliver proof of insurance coverage, with the City of Aspen
named as co-insured, as specified in the Bid Package and proof of
Workmen's Compensation coverage.
Failure to comply with these conditions within the time specified will entitle the City of
Aspen to consider your bid abandoned, to annual this Notice of Award, and to declare
your Bid Security forfeited.
Within ten (10) days after you comply with these conditions or following City Council
approval, whichever occurs last, the City of Aspen will return to you one fully signed
counterpart of the Contract, together with a Notice to Proceed.
Thank you for your bid and congratulations on being the successful bidder for this
project.
Sincerely,
CITY OF ASPEN
By:
Page 2 of 2