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HomeMy WebLinkAboutresolution.council.052-98 ~ RESOLUTION NO. 5' ~ (Series of 1998) A RESOLUTION GRANTING THE CONSTRUCTION CONTRACT TO BASALT CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF IMPROVEMENT IN THE SMUGGLER AREA NEIGHBORHOODS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT 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 Basalt Construction Company, Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves the contract between the City of Aspen, Colorado, and Basalt Construction Company, Inc., regarding the Smuggler Area Improvement Projects, a copy of which is annexed hereto and incorporated herein, and does hereby r"'. ~tlrorn;:Ci~ ~.. "Jd ~".,t '::.~d~ M bofuili of tire Ci~ of A,p.m. ~ Q -::it' {/..JAr-- -.....--. John S. B nett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate c07hat resolution adopted by the City Council of the City of Aspen, Colorado, at a meetinghel ./()' /3 ,1998. r- RES-9802 CONTRACT FOR CONSTRUCTION .0 THIS AGREEMENT, made and entered into on JULV 14.1998 ; by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Basalt Construc1:ion C~y , , hereinafter called the "Contractor". , WHERI;AS, the City has caused to be prepared, in accQ.rdance 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: Smuaaler Area Pedestrian Safetv & TransDortation ImDrovements Proiect , and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, ,r< WHEREAS, the City, in the manner prescribed by' law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a . Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: ,. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall fumish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion' of the Work described herein. ' 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after thE! date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions 'in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents . and comply with the terms therein for a sum not to exceed 'l'wo hundred l'1!N1l1y-eighb thousand'onA~1!Im\lfr~;.:th.ff1:v;;,thi'ee:~125/lC(1$ 298,133.25 ) DOLLARS or as shown on the BID .~ proposal. CC1.971.doc Page 1 ..CC1 z 'J 0609 'oN NOI1JilUSNOJ mS\fff wm: 1 8661 '8 '[ nr .r'\ !~9, f'"".. 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 by this reference anc. made a part hereof as if fully set forth ~ere. 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. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval 'requirements of Seclion 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 hislher 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. 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. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit. action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained, No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed,or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed, Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado, In the event that legal action is necessary to enforce any of the prOVisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. . 6. 7. 8. 10. 11. 12. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any aUeged unequal status c the parties in the negotiation, review or drafting of this Contract For Construction. f. . . .' CC1.971.drC Page 2 S i 0609 'oN ..CC' NOllJnalSNOJ l1vsva !'IdBS: 1 S66l'S'Inr 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 1'\ representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOf, the parties agree hereto have, executed this Contract For Construction on the date first above written. ATTESTED BY: ~,~~ By: Title: ',.\ 'APPROVED AS TO FORM: . By: Crti~{( //lbA:l~.".... o e.,..... .,.. , .-<~'/:..~.~~~:.:.~. . . . '. ~ , .' RECOMMENDED FOR APPROVAL: City Engineering Department r-. --- . .o:"~'.::- .... ',~ .... - . .. " .' ~ :;; \ . ., -,'.- ATTE~!;~~:". ";" '..~ '.."~ -"'~ .. :::::; ~._....~ ~.~~.,., 4\. ..~'\, ,"' . '. ~,' -:, ~..~' ~ . .-,.-- By: ",' CONTRACTOR: Title: ~~A~':''' , 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. . f'., CC1,971.cloc Page 3 "CC1 t 'd 0609 'ON NOIJ:JIlRlSNO:J J1VS\fH l'Id69: 1 8661 '8 '1 nr ',~ ('- ~ r CERTIFICATe OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF COUNTY OF ) ) SS. ) Colorado Garfield On this 8th day of July , 19..2!.... before me appeared Kelly Lyon , to me personally known, who, being by me first duly sworn, did iay that i/he is President of ~"':ll 1 t. Cnn!'lt.ru~t; nn C''''I!P''T\Y and that the seal affixed to iaid instrument is the corporate seal of iaid 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. /~ / F~ Notary Public 0756 Sierra Bluffs Road. Silt:. 'CO 81652 Address . My commission expires: 6.,13-02 98M50 CCl-971.dcc pago 4 ..CC1 9 'd 0609 'ON NO IlJilalSNO'J mSVH, .l'!d6s:I . 8661 '8 '1 nr I ".'."'._~'~__' ,,""._'."__"___"'''_ ....___ ..0_. .. ~ '-' , BID PROPOSAL FORM f',. Project No.: 98-014 BID DATE: .!uly 1, 1998 PROJECT: Smuggler Area Pedestrian Safety & Transportation Improvements Project PROPOSAL SUBMITTED BY: Basalt Construction Company CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is rnade in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all. the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixtv (60) consecutive calendar davs from the date of bid opening. r-. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission . of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City hall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subs.idiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the'City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for .r"., estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the SP1 -971 .doc 'SP1 Pa -. ...~. amount of work actually performed and materials actually furnished and the estimated amount of work. ~. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid r unit price and up to plus or minus Twenty Five (25) Percent of the total bid. I hereby acknowledge receipt of ADDENTIUM(s) numbered / through OJ.... ESTIJ\JIATED QUANTITY LIST UNIT TOTAL lUD ITEM 12ESCli~:rION !]~Tt QUANTITY fRIC~ CQS,\ Mobilization & Demobilization LS One - $17,569.00 $17,569.00 Unclassified excavation including slope cuts CY 365 $ ---19.00 $3,650.00 Remove trees (up to 2" caliper) & shrubs LS One $--50.00 $-2Q.00 Saw cut pavement, variable thickness (:2" to 7") LF :2,:290 $ -E...OO $13,740.00 Remove & dispose curb & gutter LF 1,071 $~O $--1..2ll4.00 Remove & dispose concrete, up to 8" thick SY 163 $ -1fW)0 $--2.,..608.00 r-. Remove & dispose asphalt pavement, variable depth to 6" SY 1,503 $ 14.0.0 $21,042.00 Remove & dispose boulders, 2' to 4' dia. EA 11 $-1S.O.aOO $.L.fi5.Q.00 Remove street light - deliver within 5 miles EA 1 $-250..00 $--250.00 Remove, store, replace wood board fence LF 84 $-3Q..00 $--2..220.00 Remove, store, re-set sign EA .1:2 $-1A00 $-2U.Q0.00 Remove. store, re-set or replace mailbox EA 2 $ 175.00 $~.OO Remove, store, re-set landscape timbers LF 160 $-!Q." 00 $1,600~00 Remove stop sign, purchase post from City. install EA 1 $...250:..00 $--2.5Q.00 Remove, re-set (by Colo. PLS) property monument EA $--250.00 $ 250.00 Grind asphalt pavement, 1;.\" deep SF 34 $---10.00 $~.OO {'" Relocate boulder up to 5' dia. within 100' radi us EA 6 $~O.OO $ 1,500.00 BP1 .971 ,doc -BP1 o raetor's Initials Adjust water valve box EA $ 150.00 $ 150.00 '\-Yater Items (-"\stall 4" PVC irrigation line sleeve LF 54 S -1Q., 00 S 540.00 Install ~" water tap &: curb stop EA 5 S 1,250.00 S 6,250.00 Install :%" wacer service line from tap co Stop LF ]55 S~O S 5,425.00 Electric Items Install 2" PVC street light cable conduit LF 895 S 12.00 S 10,740.00 - Install street lighe (base. pole &: fixture) E.~ 8 - $ 4,000.00 S 32,000.00 - -- Other Install ABC Class 6 T 549 S 25.00 $13,725.00 Install timber retaining wall. max. J high LF 32 S~OO S-.L5il4.00 Install 6" thick mat, I \,," washed. cr'.!shed rock &: fabric 51' 83 $~o S -ID..50 Install Tvee 2 (lIB) curb &: ~utter LF V 1.753 $ " ('0 $ ~fi .OQ6 ;00 '. - Install 4" thick concrete sidewalk SY - ,~ $ 33.00 $17,886.00 J~_ r--nstall access rami::. excluding: curb &: g:urcer SY ")~oo.o" I ~8 .,,2fJ $ 50.00 S 1. :3gg . g(} , . '. - ... Install 6" thick concrete driveway $Y 87 S 50.00 S 4,350.00 Install 4":<4" treated cimbe'r walk edging LF 160 S ~O S 1,120.00 Install 4" chick cr'.lsher fines walkway SY 4- $ 3.75 S 161.25 .~ $ubgrace prepping SY 18 S .Jfr...Q0 S 180.00 Ins:aIl 4" thick H."IA Gr. hCX' wi AC-IO SY i6i $ 24.00 $18,408.00 Install RIO-6 modified (A) sign E.~. 10 $ 355.00 S 3,550.00 InStilll R 1 0-6 moc'.ified (B I sign EA 0 $ 365.00 S 2,920.00 Install 'W3-! sign E..l. ~ S 400.00 S 400.00 Install Wi-l sig:1 E..l. S~Oo S---AQO.OO ~o.oo Ins~;J.i! po.vem~:1c marking p:!inc - Cr055\va!ks LF. 4-80 ~ S 1.00 $_1.88- - Ins~all po.ve~en( m<1rking pO-int - 5toF bar LF - '" . S-.L.QO S 263.00 '0, -~- Install pavement marking [Caine - solid dual ye!low cencdines LF 675 $-2....00 S 1,350.00 r"-. )s;al] pavement marking: caint . median SF 7i 5 -..1...00 S 154.00 - . SP1~;7"1.coc .5?~ 161 ~ 3o~ 1,045 ~ pne ,v One ~ TOTAL BID IN NUMBERS: $2'J7,219.2: '2.~)I'$"'2S Install pavement marking paint - black Install pavement marking thermoplastic pour ~, SF or tape SF Install topsoil, seed & mulch Traffic control barricading and flagging Minor Contract Revisions SY LS LS $2-;00 $ 322~00 '2.0.00 $ 2Q~ge ,",1'2.0,00 $~0' $ 2~50 $ 2,612.50 $ 20,000.00 $ 20,000.00 $:::0.666.60 $2EJ.e60.IJO 10) 006.00 10 )ooe,co Total Bid in Words: Two hundred ninety seven thousand, two hundred nineteen and 25/100 dollars. I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: (~ Full name signature: Company address: ,Title: President Silt, COlorado 81652 ~~?f~,8g,Ji. .i. /-)- ~/ Telephone number: (970)'920'-9842 Fax number: (970) 876-5943 A'-,redby ~:~~ Subcontractor & Material Suvvlier List Name: Address: o Service or Product: , Phone #: SP1-971 ,doc "SP1 I~nm~s SUb-Contractors ~ Material Suppliers r--. Name: Basalt Construction Company , Phone #: 920-9842 Address: 1800 Medicine. Bow Court Silt. Colorado 81652 Service or Product: All items except the ones listed below Name: Unique SnlnHon" II ni,ri"ion of ~n'nphan'" Address: P;O; Box 3009 Newark, Ohio 43055 Service or Product: Street lighting lamp and post Todd Roup , Phone #:303-671-9672 Name: Western Mobile ~nn,.,r..t.e Address: 7913 upper River Road Wood Creek. Colorado 81656 Service or Product: concrete , Phone #: Q?~_RRRR Name: J & S Contractors Supply Company /""" Address: 4040 Grape Street Denver. Colorado R0216 Service or Product: signs , Phone #:303..:388-4683 Name: Address: , Phone #: Service or Product: r- 98M46 SP1-971 ,doc 'SP1 ,. .. Bond No. 884791 BID.BOND ~~N~W ALL pERSONS BY THESe PRESENTS, That we, the undeiSignilc, BASALT I Jf 1800 Medicine Bow Court, Silt, CO 81652 CONSTRUCTION CO. as Principal, hereinafter referred fo as "Principal", and AMWEST SURETY INSURANCE COMPANY a corporation organized under the laws of the State of Nebraska , and qualified to transact business in the State of Colorado, as 'SurelY' are'helctancl'firmIY'bo\lnduntothe'CltyotAapen"C~, as obligee, hereinafter referred to as "City.' in the penal sum of: Five Percent of the Total Amount Bid, Not to exceed Fifteen Thousand_"E-,~,..t.'!~f.1~O---------------------- (5% or Oollars(S 15,000.00 ). Iswful money-lli-thaUnited' $tatescof,Americ&;fonhef'aymetlt -of. which sum, well and trulylo.bemadelo.the,Cily.we bifutQl;lJ'selves, and our heirs, executors, administratorS, successors, and assignees, jointly and severally, by tilese presenis:... WHEREAS, said P.ril\elpalhas submitted.a.bid for cQnatruc1ion of Smuggler Area Pedes trian. Safety and Transportation Improvements - #98-014 NOW THEREFORe, if the City shall accept the bid of the Principal and the Principal shall enter Into a Contract for Construction with the City in accordance Wllh the terms of such Bid, and given such bonctarborrds as may be specified In the Bid Package or Contract Documents with. good ~nd su~icient surety for the faithful perloTlT\Sf1Ce of ,suchc()ntract and for the prompt payment of labor and malenal furnished'm the prosec\lllortlhereof,. Of In \Mavent 01 the failure of the Principal to enter such Contract for Construction anet give such bond'or bonds, ii'lhl!'PNncipa( shall pay to the City the difference not to 'exceed1tre'penaitytlereo#bet..eentha'8I'I1OUl1l'Sl*jfied.Jn.seid-bldcel\d..h larger amount lOr which the Pnncipal may in good faith contractwithanotherpariy llrperformthErwOrii covered by said Bid; tI1,en this shall 'oe nUll and void;othetWise,to remain in fun/ores andeflec1ililaw. '. .' . SIGNED AND SEALED this r\PRINCIPAL: BASA 29th dallOf ,. June .1998 " By. , CO. (seal). ~. Atlest:~A/YU m. Title:. COMPANY By; . Attest: (seal) (Accompany this bond with ceri<<ed'copyoI'Genetal'POWet~-Anomey'fromthe'SuretyCOfllpany to-include the date of 'h~ ' 98"17' . BB t '97L~oc 'SBI" f""""'. MEMBER MOODY INSURANCE AGENCY, INC. .. 3773 CHERRY CREEK NORTH DRIVE, SUITE 800 DENVER, COLORADO 80209-3804 --~ PHONE 329-6611 ---- ~ ... . ,,.. LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company _ __ ---.Ear West Insurance Company _____ _ _ ExRir.ation Date: 05/01/00 0000884791 -{"ment is printed on white paper containing'the artificial watennarked logo (A ) of Amwest Surety Insurance Company on the front and brown security paper oi, ck. Only unaltered originals of the Limited Power of Attorney ("POA'') are valid. This POA may not be used in conjunction with any other POA. No repfe:...ntations or warranties regarding this PDA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company") shaH not be liable on any limited POA which is fraudulently produced,,forged or otherwise distributed without the permission of the Company. Any party concerned abou~ the validity of this PDA or an accompanying Company bond should call your local Amwest branch office at (303) 985-7010 Kl'l'OW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation (collectively the "Company"), do hereby make, constitute and appoint: Sue Martin Vera T. Kalba Jody Lentz As Employees of MOODY INSURANCE AGENCY, INC. its true and lawful Attorney":in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to 51,000,000.00 Contract Bonds up to 52,500,000.00 License and Permit Bonds up to 525,000.00 Miscellaneous Bonds Up To 525,000.00 Small Business Admistration Bonds up to 51,250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By~Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Am west Surety Insurance Company, a Nebraska cQrporatioo and Far West' Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and bas not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By~Laws of each company, are now in full force and effect. . Bond No. 884791 . Signed & sealed this 29th<Jayof June 19~ ~ P /2.,/...~ ,r:;.,. Karen G. Cohen, Secretary ." I '~ ." ." ." .' ." ." . ." ." ." ."." RESOLUTIONS OF THE BOARD OF DIRECTORS ."."."."."."."."." '* ." ." '* ." '* '* ." ." '* ." ." ." ." ." ." ." '* l' ( is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company ata. ..l1g duly held on December 15.1975 and Far WestInsurance Company at a meeting duly held on July 28,1983; RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attor,neys-in~fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances. and suretyship obligations of all kinds; and said officers may remove any such attorney~in-fact or agent and revoke any POA previously granted to such person. RESOL YED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey~in~fac:t or agent; or (Hi) when duly executed and sealed (if a seal be required) by one or more attorneys~in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers. and its corporate seals lobe hereunto affixed this 12Ihd'O~~ ~~ '...L P ~~~ , John E. Savage, Presid7 ~ Karen G, Cohen, Secretary State of California County of Los Angeles On December 12, 1997 before me, PeggyB. Lofton Notary Public. personally appeared John E. Savage and Karen G. Cohen, personally !mown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. exe~~~~,,:~:,,:~nwnt. ....."""''''''''''''''' mTNESS my~~dandOfficial seaD.., (Seal) ~~ @A";, - ~Loo~.'_~c:o...ty~-l_ ,~-{ \NH~~-'9I1""1I ,.t,.t S~~1J\1"''''''~, tj f~ ~~ $ ,~~~/ ofi;,'1~'\ l~~'-~POJ1:"9~\Signature i ~P\ {.4..,cP "t;.'\ ......\ PqsylJ. tary U Ie 1 1 ~ ,o,{t\;;sc?,~ ~\"'; UuComm c.....a-Ao...6 1999 ~(t}' 14. !Oa~w,- OEC.14. 01.0~ ""T -.--~ h"" ~95 loH3\ 1995 f~g _ __ _ ~ __ __ ~ ~ __ __ :.. _ \~~\ 'lo-~ ~ /~} :<"J\ -z,. .I~ /"7Ji \~:',.~RA5./1?jl' \\>"L.....~SRA'f:,'<:'".-:..-~1 ~..,,~It~.*_.}:~~"~' -"'--;:.::t ...~.H.H._.~ ~".t' ",:"",,,,,,,.~,,,,,,,,,,,,,, I",,,,,,,,,,,"!!,,,,,,,..,,,,,,, 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 ('.. AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 98-014 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. -, ~ Cn""m's'~~ ~ Basalt Construction Company By: STATE OF COLORADO ) /""" ) SS. COUNTY ) Before me Sharon S; Krabbe County, Colorado personally appeared Kelly Lyon to me personally to be the person(s) whose signature(s) in my presence this day of July , A.D. 199..!.. , a notary public and for Garfield known first My commission expires: t; - /:5 ('Od (Seal) ~_~ L/m Notary Public ACI.'17l.uuc 98M47 ,,-..,. 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