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HomeMy WebLinkAboutresolution.council.035-99 r-. RESOLUTION NO. "35 (SERlES OF 1999) ^ A RESOLUTION GRANTING THE UTILITY CONSTRUCTION CONTRACT TO EARTH WORKS CONSTRUCTION, INC., FOR THE CITY'S SNYDER PARK HOUSING UTILITIES PROJECT, AND AUTHORlZING 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 Earth Works Construction, Inc., a copy of which contract is annexed hereto and part thereof. NOW, THEREFORE, 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 that the contract between the City of Aspen, Colorado, and Earth Works, Construction, Inc., regarding the utility installation contract for the Snyder Park Affordable Housing Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. r" Dated: ~ 7- ,1999. I, Kathryn 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 Of).,;';. 4?(p ,1999. cc '/ r" o. EAA-04/2!l99-G~'\john\word\resos\snyder park utility canst project.doc F'\ CONTRACT FOR CONSTRUCTION (Short Form) THIS CONTRACT, made and entered into on April 15, 1999, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Earth Works Construction, Inc., hereinafter called the "Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Constrnction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, transportation and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully set forth (the "Project"). ~ 2. Plans and Specifications; Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- 08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed One Hundred Thirty Thousand Three Hundred Forty-Six and 50/100 ($ 130.346.50) DOLLARS or as shown on Exhibit "A". . 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than <~PfEJl1E$€lC: I 1'1'1<1 ,subject to such delays as are , permissible under the "Extension of Time for Completion" section of this Contract. ~ CC5-971.doc Page: 1 r , I r o 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in connection with or arising out of the Project, and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit "A" are intended to supplement one another. In case of conflict, however, this Contract shall control both. 8. Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the CC5-971.doc Page: 2 1"\ r'. . (' expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. CC5-97Ldoc Page: 3 r It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. r 13. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Insurance. a. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. '" b. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other CC5-971.doc Page: 4 (" obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 2. Commercial General Liability insurance with minimum combined single limits of ONE MILliON DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. r 3. Comprehensive Automobile Liability insurance with nummum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILliON DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. c. Except for any Professional liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. r-. d. The certificate of insurance provided by the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be CC5-971.doc Page: 5 (\ reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least (him (301 davs prior written notice has been given to the City of Aspen. e. clauses: In addition, these Certificates of Insurance shall contain the following Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. r Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. e. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. f. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. r 15. Damage or Destrnction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra work under Paragraph 8 above. If, however, the estimated cost of CCS-971.doc Page: 6 (\ replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 16. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: Aspen, Colorado 81611 To Contractor: Earth Works Construction, Inc. r ~TTN: Sean Mello PlKJNE: gyo-<:fj";r-22<:fj/F'AX: gyO-<:fj";r-2412 Post Office Box 1149, Carbondale, Colorado 81623 subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given, delivered or made by United States mail, shall be deemed to have been given the same day as transmitted by telecopier or delivered personally, one day after consignment to overnight courier service such as Federal Express, or two days after the deposit in the United States mail as registered or certified matter, addressed as above provided, with postage thereon fully prepaid. 19. Inspections; Warranties. (a) Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. (b) Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. ~ CC5-971.doc Page: 7 1"\ (c) Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 20. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. {\ 21. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 22. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 23. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 24. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. ~. 25. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while CC5-971.doc Page: 8 1""""'1 , I ~.. 1"*". the defaulting party continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 26. Remedies Non-Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy. 27. Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 28. Attorneys' Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. 29. Severability. Any provision in this Contract which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 30. Nondiscrimination. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 31. Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 32. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or CC5-97J.doc Page: 9 (1 bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or to any solicitation or proposal therefor. c. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. ('. 33. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. CITY OF ASPEN, COLORADO BY:~#~ Title: 4,(:-sf-v'f c.,. ""~ f"'. RECOMMENDED FOR APPROVAL: A#-~1 APPROVED AS TO FORM: By: ~1?ad5, CC5-971.doo Page: 10 (> City Engineering Department City Attorney ATTESTED BY: CONTRACTOR: .~S-~ By: &JJ2J.~Jz,~ Title: /?...L<J 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. o o CCS-97t.doc Page: 11 r: CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Colorado ) ) SS. ) COUNTY OF Garfield On this J ~ "r'} day of me appeared Ap(<..... , 19 <\<; , before William M. Robe~ts , to me personally known, who, being by me first duly swom, did say that -slhe is President of Earth Works Construction, Inc. and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged - said instrument to be the free act and deed of said corporation. (' WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate. first above written. ~ <;;~ Notary Public /7'8 1J&:f;.J J:>~. S, ~;- ~..> Address My commission expires: M'" 1/3 UJoI ~. CC5-97Ldoc Page: 12 ~ r ,r'\ Check only one category: RE: NOTICE TO PROCEED 130 s. Galena Street Aspen. Colorado 816lt DHand delivered DFaxed Date: Project No. (Project Title) Dear : Enclosed please find an executed copy of the Contract Documents for the above referenced project. You are hereby informed to attend a mandatory Pre-construction Conference and you are authorized to commence construction thereafter as set forth in the Contract Documents. The Commencement Date of the contract performance time is the date fixed for the Pre-construction conference. The date for the Pre-construction conference will be set by the City Engineer. If you have any questions concerning this project please do not hesitate to call the Engineering Department. Again, thank you for your bid and your continued interest in this project. Sincerely, CITY OF ASPEN By: City Engineer cc: City Manager City Attorney Finance Department NP1-971.doc NPl ,."""n_'''''''~ March 10, 1999 Revised Apri115, 1999 Lee Novak C/O Heidi Hoffman 504 Midland Park Place Aspen, Colorado 81611 RE: Snyder Park Housing Earth Works Construction presents a "Preliminary Cost Estimate" for the utility work for . -'.'" .-' - _. . - the Snyder Park Housing Project. Firm pricing can be given when an actual schedule is available and coordination meeting can be set up with the site work/building contractor. ,1""'\ MOBILIZATION: 5,000.00 WATER: Tie Ins 8" D.I.P. 8" Gate Valve 8" Fittings 4" D.I.P. 4" Stub Ins Fire Hydrants Street Cut 2 at $2000.00ea 780lf at $35.00/lf 9 at $800.00ea 15 at $400.00ea 170lf at $30.00/lf 5 at $750.00ea 2 at $3000.00ea 2 at $5000.00ea 4,000.00 27,300.00 7,200.00 6,000.00 5,100.00 3,750.00 6,000.00 10.000.00 69,350.00 SANITARY SEWER: 8"PVC Manholes Services 4"PVC Insulation 275lf at $30.00/lf 4 at $4250.00ea 5 at $200.00ea 415lfat $20.00/lf 320lf at $15.00/lf 8,250.00 17,000.00 1,000.00 8,300.00 4.800.00 39,350.00 r", *NOTE: 1) NO slip-lining of existing main included. 2) Services terminated 5' outside building. P.O. BOX 1149 . CARBONDALE COLORADO 81623 . 970.963.2296 ... ~~ -,,^, ."",. o r".. f' Page 2 Snyder Park Housing MarchIO, 1999 Revised April15,P1999 GAS TRENCH: Excavate/Bed/Backfill Street Cut 570lf at $5.00/lf 1 at $3000.00ea 2,850.00 3.000.00 5,850.00 TOTALS: Mobilization Water Sewer . Gas Allowance Tie In Bonds (3%) 5,000.00 69,350.00 39,350.00 5;850.00 7,000.00 3,796.50 $130,346.50 *NOTE: Add allowance of $7,000:00 for waterline tie-ins for unknown conditions not shown on plans. QUALlFICATIONS: Survey and layout by others. Soils testing by others. De-watering NOT included. Rock excavation over 2 cubic yards .will be. extra. ~ite to be :!: one foot of finish grade before starting. Disturbed area to be left :!: 4" after completion. NO export included - cost .will be relative to available dumpsite. Sincerely, M. Sean Mello Estimator ACCEP'IED: BOND NO. S7006852 r"-. , PERFORMANCE BOND KNOW All PERSONS BY THESE PRESENTS: That we, the undersigned, as, EARTH-WORKS CONSTRUCTION, INC. (PmClpal's Name) having a legal business address at P.O. BOX 1149, CARBONDALE, CO CORPORATION (CorporatlOn,Partnership, or Individual). 81623 a as Principal, hereinafter called "Principal", and WASHINGTON INTERNATIONAL INSURANCE COMPANY lNameofSurely) P.O. BOX 60130, GRAND JUNCTION, CO 81506 (AOaressof S"rety) a corporation organized under the laws of the State of ARIZONA , and qualified to transact business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called "City", in the amount of: ONE HUNDRED TWENTY FIVE THOUSAND FIVE HUNDRED DOLLARS & NO/l00-- ($125,500.0~, in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present. WHEREAS, Principal has by written agreement dated APRIL 15 ,1992..., entered SNYDER PARK HOUSING UTILITIES into a contract with City for in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract. ~ NOW, THEREFORE, if Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City, with or without notice to the Surety and during the guaranty period, and if Principal shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless City from all costs and damages which it may suffer by reason of failure to do so, and shaH reimburse and repay the City all outlay and expense which the City may incur in making good any defauit, then this obligation shall be void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City. Whenever Principal shall be, and declared by City to be in default under the Contract, the City having performed City's obligation hereunder, the Surety may promptly remedy the default or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and Surety jointly of the lowest responsible bidder. arrange for a contract between such bidder and City. and make available as work progresses (even though there should be a default or succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by City to Principal under the Contract and any amendments thereto, less the amount properly paid by City to Principal. ~ P81.971.doc "PB1 Page 1 ~ , (3) Any contract or succession of contracts entered into hereunder for the completion of the Contract, shall also be subject to this bond as part of the original Contract obligations. This bond is intended to be in satisfaction of. and in addition to, the bond required pursuant to Section 38-26- 106. C.R.S., as amended. This bond. as a penalty and indemnification bond, shall also entiUe City to recover as part of the completion of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages, liquidated and unliquidated damages, costs, reasonable attorneys fees and expert witness fees, including, without limitations, the fees of engineering or architectural consultants. Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of the contract which the City may be required to make under the law by any reason of such failure or default of the Principal. Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents, servants, and employees from and against all claims and actions and all expenses incidental to the defense of such claims or actions, based upon or arising out of injuries or death of persons or damage to property caused by, or sustained in connection with, this Contract by conditions created thereby, and on request of the City will assume the defense of any claim or action brought against the City. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the employees, agents, administrators or successors of City. SIGNED AND SEALED this 15TH day of APRIL ,199..,L. o PRINCIPAl: EARTH-WORKS CONSTRUCTION, INC. () 0 . By _ t& 1. Qa:.- f\. ~ f"./ '> Attest: - Title: Y.M..A (seal) /-2- ~ /Z-( ~ . SURETY: NATIONAL INSURANCE COMPANY (seal) Attest: Title: NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to include the date of the bond. (Date of Bond must not be prior to date of Contract) If Principal is Partnership, all partners should execute Bond. r". PSl-971.doc ..PSl Page 2 BOND NO. S7006852 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, EARTH-WORKS o CONSTRUCTION, INC. having a legal business (Pl1llClpal'sName) address at P.O. BOX 1149, CARBONDALE, CO 81623 iF'nnClpal'S Address) a CORPORATION , as Principal, hereinafter called "Principal", and (Corporation, Panner$hlp, or Indlvlduai) WASHINGTON INTERNATIONAL INSURANCE COMPANY (Surety's Name) P.O. BOX 60130, GRAND JUNCTION, CO 81506 {Surety's Address) a corporation organized under the laws of the State of ARIZONA , and qualified to transact business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called "City", in the amount of: ONE HUNDRED TWENTY FIVE THOUSAND FIVE HUNDRED DOLLARS & NO/l00--($ 125,500.Q(l in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present WHEREAS, Principal has by written agreement dated APRIL 15 , 1999, entered into a contract with City for a project entitled: SNYDER PARK HOUSING UTILITIES in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract r, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all ciaimants hereinafter defined, for all labor and material used or reasonably required for the use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as having a direct contract with the Principai or with subcontractor of the Principal for labor, material, or both, used or reasonably required for the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract 2. The above-name Principal and Surety hereby jointly and severally agree with the City that every claimant as herein defined who has not been paid in full before the expiration of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed or materials were furnished by such claimant, may sue on this bond for use of such sums as may be justly due claimant, and have execution thereon. The City shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall commence hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal shall have given written notice to any of the following: The Principal, the City, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or fumished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is 1"'. YB1-971.doc -YB1 Page: 1 ~ I ,~ o regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Colorado. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state of competent jurisdiction in and for the County of Pitkin, State of Colorado. 4. The amount of this Bond shall be reduced to the extent of any payment or payments made hereunder, inclusive of the payment by surety of liens or claims which may be filed of record against the improvement(s), whether or not claim for the amount of such lien be presented under and against this Bond. 5. This Bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 105, C.R.S., as amended. 6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED AND SEALED this APRIL ,1991-. day of 15TH PRINCIPAL: EARTH-WORKS CONSTRUCTION, By: W~h<~ Title:P~ INC. (seal) ~" - t.. 5/l-/( Attest: INSURANCE COMPANY (seal) Attest: ~W~ Title: NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Partnership, all partners should execute Bond. YBl-971.doc Page: 2 "VB, BOND NO. S7006852 (\ MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS. That we, the undersigned, as EARTH-WORKS CONSTRUCTION, INC. ,of P.O. BOX 1149, CARBONDALE. CO 81623 as Principal, hereinafter referred to as "Principal", and WASHINGTON INTERNATIONAL INSURANCE COMPANY, P.O. BOX 60130. GRAND JUNCTION. CD 81506 a corporation organized. under the laws of the State of ARIZONA , and qualified to transact business in the State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as "City," in the penal sum of: ONE HUNDRED TWENTY FIVE THOUSAND FIVE HUNDRED DOLLARS & NO/100-- Dollars ($ 125,500.00 ), lawful money of the United States of Amenca, for the Paymen!;if which sum, well and truly to be made to the City, we bind ourselves, and our heirs, executors, administrators, successors, and assignees, jointly and severally, by these presents: WHEREAS, said Principal has entered into a written Contract with the obligee dated APRIL 15 r\ 19 99, for fumishing all equipment, labor, tools and materials for: SNYDER PARK HOUSING UTILITIES in accordance with detailed plans and specifications on file in the office of the City Clerk of said City, a copy of which Contract is attached hereto and made a part hereof. NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shall well and truly perform all the covenants and conditions of this Contract on the part of said Principal to be performed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen, Colorado, from all loss and damages to life or property suffered or sustained by any person, firm or corporation, caused by said Principal or his agents or his employees, in the performance of said work, or by, or in consequence of any negligence, carelessness, or misconduct in guarding and protecting same, or from any improper or defective equipment or materials used in the work, or other damages, costs and expenses and set forth in such Contracts, then this obligation shall be void otherwise to remain in full force and effect in law. This Bond guarantees that the material and equipment furnished and used, and workmanship employed in the performance of the work described in this Contract will be of such character and quality as to insure it to be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of the City of Aspen for a period of two year(s) from the date of the issuance of the Certificate of Completion. This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to the City of a period specified, and make such repairs or replacement of any defective construction as the City may deem necessary. ~. , MB1-971.doc -MB1 Page: I" o I" The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its completion and acceptance shall have been removed or altered by the City or its agent. SIGNED AND SEALED this 15TH day of PRINCIPAL: EARTH-WORKS CONSTRUCTION, INC. /.......... By: W,~. ~~ ) ~ Attest Title: p..-UCl SURETY: Al'RTT. (seal) 0~- 5/t-f IONAL INSURANCE COMPANY Attest: Title: CT ~W~ , 199..1-. (seal) (Accompany this bond with cerified copy of General Power of Attorney from the Surety Company to include the date of the bond.) MBl-971.doc -MBl Page: 2 WASHINGTON INTERNA T10NAL INSURANCE COMPANY POWER OF ATTORNEY ~ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporabon organized and exisbng under the laws : ,tate of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constnute and appoint BARRY N. BLANCHARD, EILEEN A. BLANCHARD, TIMOTHY J. BLANCHARD, JOHN M. DEER, AND SANDRA K. PIERCE EACH IN THEIR SEPARA TE CAPACITY i:s true and lawful attorney(s)-in-fact to execute, seal and deliver for and on ns beha~ as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulabon, contract or otherMse, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as ~ the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $5,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and authorize them to execute on beha~ of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this secton and/or any of the By-Laws of the Company, and to remove, at any time, any sue. t.:-torney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2 n, 'goatures" ',e Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate se, ';:- e Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relatng thereto, by facsimile. Any such Power of i...,orn"y. certificate bond or undertaking bearing such facsimile signature or facsimile seal affIXed in the ordinary course of business shall be valid and binding upon the Company, . \ ".,.~. :: II:',: '/, IN TESTI~GJNX.w.HEREO;;', 1I1e Washington International Insurance Company has caused this instrument to be signed and ns corporate seal to be affixe: ~t'1s:a~QihO' _ ed'offi~~r,)is 7th day of July, 1998. ~::: 5:-:" 0:" "!~1i0""'::).\, ATIONAL INSURANCE COMPANY !' '\ (....; .....i : ~ . . ~ rf:-~ t ! m ... V:.... ...,~t'v~} ...~3:: ~ ~.... ..' .~~~~ 0;.. . '\- '" Ste ......... ..' '" ~... ........... ,.:::;. STATE oF"/~nrn~'l!>- \\\\" COUNTY OF 6\:Jj:il!.1:3~)"\' On this 7th day of July, 1998, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington Internatonallnsurance Company; that the seal affixed to said Instrument is the Corporate Seal of said Company; IN TEST I .': N -- p;tW<<.rr n et my hand and affixed my Official Seal, the day and year first above written. . ERICA R JOHNSON 8 NctEry Pubiic, State of lili:-.ots ~ My Co'T1"\issioo Expires 1Q:1~'01 rica R. Johnson, Notary Pu IC ~~~,........,..,.."J."'~~"'~""~~S)vty Commission Expires Oc ber 15, 2001 CERTIFICATE STATE OF ILLINOIS) COUNTY OF DUPAGE) I, the undersigned, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF A TIORNEY remains in full force and has not been revoked, and furthermore that Article iii, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Dupage. Dated the 15TH day of APRIL . 19~. ~~~ Ja A. rpenter, V. eMPresident ('\ PRODUCER The Linden Company of Glenwood Springs, Inc. P.O. Box 60130 ,and Junction CO 81506 GERTIFICATEOF LIABILITY INSURANCE~t~TII~: -:-1/0~/99 . . --=-:-~; :::E-.: - :"1::':' -:: .3 I!:ifl.. -:,.-:-:) .::::.,:.=:.. ~::-~ :T'<:T.1':',:.':.~.::- .- 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 >. ACORD. .thy Ph~ne No. INSURED Sommers 970-945-6203 F"No 970-945-1533 COMPANY A Maryland Insurance Group COMPANY B Colorado Compensation Ins Auth Earth Works Construction, Inc. P. O. Box 1149 Carbondale CO 81623 COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW BEEN ISSUED TO THE NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY 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 BVTHE 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 TYPE OF INSURANCE POLICY NUMBER POL-ICY EFFECTIVE POL-ICY exPIRATION LIMITS LTR DATE (MM/DDNY) PATE (MMlDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABiliTY EPA26248162 08/01/98 08/01/99 PRODUCTS - COMPfOP AGG $ 2,000,000 CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone fire) $ 50,000 MED exp (Anyone person) $ 5,000 AUTOMOBilE LIABILITY $ 1,000,000 08/01/98 08/01/99 COMBINED SINGLE liMIT A ANY AUTO ECA26248196 X All OWNED AUTOS BODilY INJURY (Per person) $ X SCHEDULED AUTOS X HIRED AUTOS BODilY INJURY (Per accident) $ NON.OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 A X UMBRELLA FORM UB86718484 08/01/98 08/01/99 AGGREGATE $ 4,000,000 OTHER THAN UMBREllA FORM $ WORKeRS COMPENSATION AND EMPLOYERS' LIABILITY $500,000 B THE PROPRIETOR! INCL 2269650 07/01/98 07/01/99 EL DISEASE. POLICY LIMIT $ 500,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXeL EL DISEASE. EA EMPLOYEE , 500,000 OTHER A Contraetors equip EPA26248162 08/01/98 08/01/99 Special 1000 ded form DESCRIPTION OF OPERATIONS/lOCATIONSNEHIClESlSPECIAL ITEMS Re: Snyder Park Housing Utilities CITYASP SHOULD ANY OF THE ABOVE DeSCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEReOF, THE ISSUING COMPANY WilL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THe LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR lIABIL-ITY OF ANY KIND UPON THE COMPANY, ITS AUTHORIZED REPRESENTATIV~ Sommers l.-- City of Aspen 130 S. Galena Street Aspen CO 81611