HomeMy WebLinkAboutresolution.council.035-99
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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.
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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.
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EAA-04/2!l99-G~'\john\word\resos\snyder park utility canst project.doc
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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
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permissible under the "Extension of Time for Completion" section of this Contract.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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~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.
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(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.
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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.
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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
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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
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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.
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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.,. ""~
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RECOMMENDED FOR APPROVAL:
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APPROVED AS TO FORM:
By: ~1?ad5,
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City Engineering Department
City Attorney
ATTESTED BY:
CONTRACTOR:
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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.
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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.
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WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate.
first above written.
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Notary Public
/7'8 1J&:f;.J J:>~. S, ~;- ~..>
Address
My commission expires:
M'" 1/3 UJoI
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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
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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
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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.
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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
...
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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.
~
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(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
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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
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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)
~"
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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.
~.
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The said Principal shall not be required to maintain any part of the improvement under this guarantee which,
after its completion and acceptance shall have 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