HomeMy WebLinkAboutresolution.council.037-05RESOLUTION NO.
Series of 2005
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND Elam Construction, Inc., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a CONTRACT
between the City of Aspen, Colorado and Elam Construction, Inc. a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that CONTRACT
between the City of Aspen, Colorado, and Elam Construction, Inc. a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City Manager of
the City of Aspen to execute said contract on behalf of the City of Aspen to execute on
behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
13~h day of June 2005.
anderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, ~o~~ ~,,~ld~n~ thee day hereinabove stated.
Kathryn S. Koc~h, City Clerk
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on , by and between the CITY OF ASPEN,
Colorado, hereinafter called the "City", and Elam Construction, hereinafter called the
"Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: 2005 Street Improvements Project (Project #
2005-012).
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore,
and as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract For Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed One Hundred Fifty Three
Thousand Two Hundred Forty One Dollars and Eighty Cents ($153,241.80) or as
shown on the BID proposal.
CC2-971.doc Page 1 **CC1
10.
11.
12.
13.
The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract For
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
This agreement does not and.shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
The parties agree that this Contract For Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
In the event that legal action is necessary to enforce any of the provisions of this
Contract for Construction, the prevailing party shall be entitled' to its costs and
reasonable attorney's fees.
This Contract For Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract For Construction.
CC2-971.doc Page 2 **CC1
14.
The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract For Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract For
Construction and that he/she has full and complete authority to enter into this Contract
For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
RECOMMENDED FOR APPROVAL:
ATTESTED BY:
John ~. Elam, Assistant Secretary
CITY OF~
By:
Title:
=EN, COLORADO
APPROV,E~,~ S TO FORM:
:i Iz- '
Title: Harold F. Elam, President
INC.
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.
CC2-971 ,doc Page 3 **CC1
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF Colorado )
) SS.
COUNTY OF u~sa .)
On this 23rd day of ~{ay ., 20 05 , before me appeared
Harold F. Elam , to me personally known, who,
being by me first duly sworn, did say that s/he is ?resident of
Elam 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.
Heather Cates
1225 S. 7th St.. Grand Jct.. CO R]~
Address
My commission expires: 9-10-08
CC2-971 .doc Page 4 **CC1
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond #6254891
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, INC.
(Here insert full name and address er legal title of Contractor)
1225 SOUTH 7TH. ST.
GRAND JUNCTION, CO 81501
as Principal, hereinafter called Contractor, and, SAFECO INSURANCE COMPANY OF AMERICA
(Here insert full name and address or legal title of Surety)
SAFECO PLAZA
SEATTLE, WA 98185
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN
(Here insert full name and address or legal title of Owner)
130 W. GALENA ST.
ASPEN, CO 81611
as Obligee, hereinafter called Owner, in the amount of
ONE HUNDRED FIFTY THREE THOUSAND TWO HUNDRED FORTY ONE AND 80/100 Dollars ($ 153,241.80),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated entered into a contract with Owner for
(Here insert full name address and description of project)
2005 STREET IMPROVEMENTS PROJECT, LOCATED IN ASPEN, COLORADO / PROJECT NO.
2005-012
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIADOCUMENTA311 PERFORMANCEBONDAND LABORAND MATERIAL PAYMENTBOND A[AO 1
FEBRUARY 1971) ED THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 209D6
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and
faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force
and effect.
The Surety hereby waives notice of any
alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by
Owner to be in default under the Contract, the Owner
having performed Owner's obligations thereunder, the
Surety may promptly remedy the default, or shall
promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon
determination by Surety of the lowest responsible
bidder, or, if the Owner elects, upon determination by
the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract beiween
such bidder and Owner, and make available as Work
progresses (even though there should be a default or
a succession of defaults under the contract or
contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price
but not exceeding, including other costs and
damages for which the Surety may be liable
hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall
mean the total amount payable by Owner to
Contractor under the Contract and any
amendments thereto, less the amount properly
paid by Owner to Contractor.
Any suit under this bond must be instituted
before the expiration of two (2) years from the
date on which final payment under the Contract
fails due.
No right of action shall accrue on this bond to
or for the use of any person or corporation other
than the Owner named herein or the heirs,
executors, administrators or successors of the
Owner.
Signed and sealed this 19th day of May, 2005
John R, tant Secretary
Harold F. Elam, President
Seal
SAFECO INSURANCE COMPANY OF AMERICA
Surety Seal
'(Title) v../
Mark H. Sweigart, Attorney-in-F~ict
AIA DOCUMENT A311 PERFORMANCE BONO AND LABOR AND MATERtAL PAYMENT BOND AJAO
FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON~ D.C. 20006
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond #6254891
AIA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERF~)RMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, INc.
(Here insert tull name and address or ~egal title of Contracter)
1225 SOUTH 7TH. ST.
GRAND JUNCTION, CO 81501
Principa[,~hereinafter called Contractor, and, SAFECO INSURANCE COMPANY OF AMERICA
as
(Here insert tull name and address er legal title of Surety)
SAFECO PLAZA
SEATTLE, WA 98185
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN
(Here insert full name and address or legal title of Owner)
130 W. GALENA ST.
ASPEN, CO 81611
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of ONE HUNDRED FIFTY THREE THOUSAND TVVO HUNDRED FORTY ONE AND 80/100 Dollars
($ 153,241.80),
(Here insert a sum equal to at least one-half of the contract p'ice)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated entered into a contract with Owner for
(Here insert fuji name address and description of project)
2005 STREET IMPROVEMENTS PROJECT, LOCATED IN ASPEN, COLORADO I PROJECT NO. 2005-012
in accordance with Drawings and Specifications prepared by
(Here insert full name and address er legal flue of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA O 3
FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y* AVE., N.W., WASHINGTON, D.C. 20006
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make
payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in
the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and
effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, Used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part
of water, gas, power, light, heat, oil, gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for the
use of such claimant, prosecute the suit to final judgment
for such sum or sums as may be justly due claimant
and have execution thereon. The Owner shall not be
liable for payment of any costs or expenses of any such
suit.
3. No suit or action shall be commenced hereunder by
any claimant:
a) Unless claimant, other that one having a direct
contract with the Principal shall have given written
notice to any two of the following: the Principal, the
Owner, or the Surety above named, within (90) day
after such claimant did or performed the last of the
work or labor, or furnished the las of the materials
for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the
party to whom materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail
or certified mail; postage prepaid, in an envelope
addressed to the Principal, Owner or Surety, at any
place where an office is regularly maintained for the
transaction of business, or served in any state in
any manner in which legal process may be served
in the state in which the aforesaid project is located,
save that such service need not be made by a
public officer.
b) After the expiration of one (1) year following
the date on which Principal ceased Work on
said Contract, it being understood, however, that
if any limitation embodied in this bond is prohibited
by any law controlling the construction hereof such
limitation shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted
by such law.
c) Other than in a state court.of competent for the
jurisdiction in and for the county or other political
subdivision of the state in which the Project, or
any part thereof, is situated, or in the United States
District Court for the distdct in which the project or
any part thereof is situated, and not elsewhere.
4. The amount of this bond shall be reduced by
and to the extent of any payment or payments
made in good faith hereunder, inclusive of the
payment by Surety of mechanic's liens which
may be filed of record against said improvements
whether or not claim for the amount of such lien
be presented under and against this bond.
Signed and sea]ed this 19th day of May, 2005.
John R. ~lam(,W~?~)stant Secretary
-- ~' (Wittiest) ' '
(Seal)
ELAM CON:~UCTIOI~, I.NC,
~arold F. Elam,(T~lre~sident
SAFECO INSURANCE COMPANY OF AMERICA
(Surety) (Seal)
~ark (Title) Attorney-in-F,F,F~ct
H. Sweigart, AttorCy-in-Fact
AIADOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIAo 4
FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006
)EPARTMENT OF
STATE
CERTIFICATE
I, DONETTA DAVIDSON, Secretary of State of the State of
Colorado, hereby certify that the following individual
is appointed and co~issioned a Notary Public for the
State of Colorado as of 01/20/2005, term to expire
01/20/2009 unless sooner concluded for cause.
F~%RVEY, VALERIE J
0239 SNOWMASS CLUB DR
PO BOX 6565
SNOWMASS VILLAGE, CO 81615
Dated: January 26, 2005 -
SECRETARY OF STATE
Project # 2005-012
Adjust Valve/Monument 23
Adjust Manhole
Traffic Control. Barricading. I Lump Sum.
Mobilization & Demobilization. 1 Lump Sum.
Mob & Demob, Sub Cont Only 1 Lump Sum.
R/O = ROTOMILL-Butt Joint. SY 475 Sq. YRDS
R/O = ROTOMILL-Edge Mill .SY 7,139 Sq. YRDS
11/2" MGF=70-28.SY 10,488 Sq.YRDS
2" MGF=70-28. SY 7,805 Sq.YRDS
AC 10FLevellPatching TN. 30 Tons
~RANCH SECTION # SIZE Size No. Butt Edge ~IGF ~VOR~
~JAME STREET FROM:- TO: width Length Butt. Joint Mill SO.
Joint SQ. Yrd SQ. Yrd. Yrd. ~IGF
Round About C&G to
CCR Castle Creek Rd. Pttken Count~ sign 32 2,195 2 72 611 7,805; 2"
Under Pass. N. Stop sign To
S R Stage Rd. S. Stop sign 25 735 2 56 t,634 2,042 11/2"
S R Stage Rd. N. Stop Sign - Harmony LN. 26 995 2 58 2,211 2,875 11/2"
S-3RD S. 3RD ST. I - W. MAiN ST. - W. HOPKINS. 32' 247' 2 71 0 933 1112"
W-SM W. SMUGGLER ST. 3 - N. 5TH ST. - N. 6TH ST. 31' 300 2 69 667 1,03~ , 1112"
N-1ST N. IST ST. BI. EEKER ST. -W. SMUGGLER. 36' 861 2 80 1,914 3,44E 1112"
PG Parking Garage Rio Grande- Building 31' 46' 2 69 102 159 1112"
85/1!/2885 13:37 19789285815
CITY OF ASPEN STREET
PAGE 89
2O05
BID iTEM DF~SCRIPTION
Mobilization & Demobilization
Mob & Demob, Sub Contractor Only [,S
Rotomiit AC Pavement - Edge Mill SY
Milling Butt Joints, SY
Install Asphalt Pavement - PG70-28 - 2" SY
- 012 ESTIMATED O, UANTITYLIST
UNIT _O_~UANT!TY
LS 1
Install Asphalt Pavement - PG 70-28 11/2" SY
Leveling & Patching SX PG 58 - 22 TN
UNIT TOTAL
P_RICE ~
475 $,~ 10
10,488 $ ~,5~
Adjust Valve/Monument Box to finish grade. EA
Adjust Manhole to finish grade
Tra~c control, barricading, & flagging LS
CenterLine Paint Stripping LF 2,195 $ , .~0__ $ /95-6.
TOTAL BID IN NUMBERS: $ / ~- '~ l~l~//,
. o,al Bzd tn Words: E ' .
I acknowledge that in submi~ing this bid it is ~derstood ~t the fi~t to Nect ~y ~d all bids has
rese~ed by ~e o~.
~5/1!/2005 13:37 197092~5015
CITY OF A~PEN STREET
PAGE 03
2005
~ iTEM DESCRIPTION
Mobilization & Demobilizat/on
Mob & Demob, Sub Contractor Only
Rotornill AC Pavement - Edge Mi!l
Milling Butt Joints,
Install Asphalt Pavement - PG70-28 - 2"
knstall Asphalt Pavement - PG 70-28 11/2"
Leveling & Patching SX PG 58- 22
- 012 ESTIMATED QUANTITYLIST
UNLT O_Q._UA >LTJ~ Y
LS I
LS I
SY 7,139
SY 475
SY 7,805
SY 10,488
TN 30
UNIT TOTAL
$ ,,0tO0:)e6
_ . $ ~/X60.qo
Adjust Valve/Monument Box to finish, grade. EA
Ad. just Manhole to finish grade EA
. $~Oo.°~ ,
Tra~e control, bart ending, & flagging LS
CenterLine Paint Stripping LF 2,195 $ , ~0__ $ [/~b-~,ot~
TOTAL BID IN NUMBERS:
I acknowledge that in submiaing this bid it is mderstood ~t the fi~t to rQect ~y md a 1 bids has been'
rescued by ~e o~.
Project # 2005-012
Adjust Valve/Monument 23
Adjust Manhole 11
Traffic Control, Barricading. 1 Lump Sum.
Mobilization & Demobilization. I Lump Sum.
Mob & Demob, Sub Cont Only 1 Lump Sum.
~JO = ROTOMILL-Butt Joint. SY 475 Sq.YRDS
~JO = ROTOMILL-Edge Mill .SY 7,139 Sq. YRDS
1112" MGF=70-28.SY 10,488 Sq.YRDS
2" MGF=70-28. SY 7,805 Sq.YRDS
AC 10FLevetlPatching TN. 30 Tons
BRANCH SECTION # SIZE Size No. Butt Edge ~GF WORK
NAME STREET FROM:-TO: width Length Butt. Joint Mill SQ.
Joint SQ. YrdJ SQ. Yrd Yrd. MGF
Round About C&G to
CCR Castle Creek Rd. Pitken County sign 32 2,'195 2 72 611 7,808 2"
Under Pass, N. Stop sign To
S R Stage Rd. S, Stop sign 25 735 2 56 1,634 2,042 t1/2"
S R Stage Rd, N. Stop Sign - Harmony LN. 26 995 2 58 2,211 2,87,¢ 11/2"
S-3RD S. 3RD ST. I - W. MAIN ST, - W. HOPKINS. 32' 247' ') 71 0 933 1112"
W-SM W. SMUGGLER ST. 3 - N, 5TH ST, - N. 6TH ST. 3t' 300 2 69 667 1,034 11/2"
N-1ST N. 1ST ST. BLEEKER ST. - W. SMUGGLER. ! 36' 861 2 80 1,914 3,446
PG Parking Garage Rio Grande- Building 31' 46' 2 69 102 159 11/2"
POWER
S A F E C O' OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 9575
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
****** * ** DARP~ELL C.R. OLSON; DAP. RELL C.R. OLSON Il; MARK H. SWEIGART; LANCE M. OLSON; CHERYL M. HUSTED; Englewood, Colorado***********
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a simitar
character issued in the course of its business, and to bind the respective company thereby,
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7tti
CHRISTINE MEAD, SECRETARY
day of November , 2003
MIKE MCGAVlCK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have autber[ty to appoint individuals as attorneys-in-fact or under other apprepdate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such aulhodfy
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validify of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of BAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretar~ or an assistant secretary of the Company setting out, (i) The provisions of ArticJe V, Section 13 ofthe By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in fult force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereoU'
I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of (he By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are stilt in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 19TH. dayof MAY 2005
SEAL
CHRISTINE MEAD, SECRETARY
S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation
1110712003 PDF
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond #6254891
AIA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, INc.
(Here insert full name and address or legal title of Contractor)
1225 SOUTH 7TH. ST.
GRAND JUNCTION, CO 81501
as Principal, hereinafter called Contractor, and, SAFECO INSURANCE COMPANY OF AMERICA
(Here insert full name and address ~r legal title of Surety)
SAFECO PLAZA
SEATTLE, WA 98185
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN
(Here insert full name and address or legal title of Owner)
130 W. GALENA ST.
ASPEN, CO 81611
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of ONE HUNDRED FIFTY THREE THOUSAND TWO HUNDRED FORTY ONE AND 80/100 Dollars
($ 153,241.80),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated entered into a contract with Owner for
(Here insert full name address and description of project)
2005 STREET IMPROVEMENTS PROJECT, LOCATED IN ASPEN, COLORADO I PROJECT NO. 2005-012
in accordance with Drawings and Specifications prepared by
(Here insert full name and address er Legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA O 3
FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS~ 1735 N,Y* AVE. N.W., WASHINGTON, D.C. 20005
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make
payment to all claimants as hereinafter defined, for all Labor and material used or reasonably required for use in
the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and
effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part
of water, gas, power, light, heat, oil, gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for the
use of such claimant, prosecute the suit to final judgment
for such sum or sums as may be justly due claimant
and have execution thereon. The Owner shall not be
liable for payment of any costs or expenses of any such
suit.
3. No suit or act[on shall be commenced hereunder by
any claimant:
a) Unless claimant, other that one having a direct
contract with the Principal, shall have given written
notice to any two of the fo]lowing: the Principal, the
Owner, or the Surety above named, within (90) day
after such claimant did or performed the last of the
work or labor, or furnished the las of the materials
for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the
party to whom materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail
or certified mail; postage prepaid, in an envelope
addressed to the Principal, Owner or Surety, at any
place where an office is regularly maintained for the
transaction of business, or served in any state in
any manner in which legal process may be served
in the state in which the aforesaid project is located,
save that such service need not be made by a
public officer.
b) After the expiration of one (1) year following
the date on which Principal ceased Work on
said Contract, it being understood, however, that
if any limitation embodied in this bond is prohibited
by any law controlling the construction hereof such
limitation shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted
by such law.
c) Other than in a state court of competent for the
jurisdiction in and for the county or other political
subdivision of the state in which the Project, or
any part thereof, is situated, or in the United States
District Court for the district in which the project or
any part thereof is situated, and not elsewhere.
4. The amount of this bond shall be reduced by
and to the extent of any payment or payments
made in good faith hereunder, inclusive of the
payment by Surety of mechanic's liens which
may be filed of record against said improvements
whether or not claim for the amount of such lien
be presented under and against this bond.
Signed and sealed this 19th day of May, 2005.
~ (Witr~es~)
(Seal)
ELAM CON~S~'~UCTION, I.NC.
~arold F. Elam,(T~lre~sident
SAFECO INSURANCE COMPANY OF AMERICA
(Surety) (Seal)
~ark (Title) Attomey-in-F~ct
H. Sweigart, Attor~ey-in-Fact
AIADOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIAo 4
FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y* AVE., N,W., WASHINGTON, D.C. 20006
POWER
S A F E C O' OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO pLAZA
SEATTLE, WASHINGTON 98185
No, 9575
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
*********DARRELL C.R. OLSON; DARRELL C.R. OLSON II; MARK H. SWEIGART; LANCE M. OLSON; CHERYL M. HUSTED; Englewood, Colorado***********
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or underiakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7th
CHRISTINE MEAD, SECRETARY
day of November , 2003
MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Adicle V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate tries with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or underiaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Sect[on 13 of the Dy-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Ceriifying that said power-of-attorney appointment is in full force and effect,
the signature of the ceriifying officer may be by facsimile, and the seal of the Company may be a facsJmi[e thereoU'
I, Chdsfine Mead, SecretaP/of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of the Dy-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto
are true and correct, and that both the Dy-Laws, the Resolution and the Power of Attorney are still in full force and effect,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 19TH. dayof MAY 2005
SEAL
CHRISTINE MEAD, SECRETARY
S-09741SAEF 2101 ® A registered trademark of SAFECO Corporation
1110712003 PDF
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond #6254891
AIA Document A311
Performance BOnd
KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, INC.
(Here insert full name and address or legal title of Contractor)
1225 SOUTH 7TH. ST.
GRAND JUNCTION, CO 81501
as Principal, hereinafter called Contractor, and, SAFECO INSURANCE COMPANY OF AMERICA
(Here insert full name and address o¢ legal title of Surety)
SAFECO PLAZA
SEATTLE, WA 98185
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN
(Here insert full name and address er legal title of Owner)
130 W. GALENA ST.
ASPEN, CO 81611
as Obligee, hereinafter called Owner, in the amount of
ONE HUNDRED FIFTY THREE THOUSAND TWO HUNDRED FORTY ONE AND 80/100 Dollars ($ 153,241.80),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by wdtten agreement dated entered into a contract with Owner for
(Here insert full name address and description of project)
2005 STREET IMPROVEMENTS PROJECT, LOCATED IN ASPEN, COLORADO / PROJECT NO.
2005-012
~n accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA O 1
FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y* AVE., NW., WASHINGTON, D,C. 20006
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and
faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force
and effect.
The Surety hereby waives notice of any
alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by
Owner to be in default under the Contract, the Owner
having performed Owner's obligations thereunder, the
Surety may promptly remedy the default, or shall
promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon
determination by Surety of the lowest responsible
bidder, or, if the Owner elects, upon determination by
the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between
such bidder and Owner, and make available as Work
progresses (even though there should be a default or
a succession of defaults under the contract or
contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price
but not exceeding, including other costs and
damages for which the Surety may be liable
hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall
mean the total amount payable by Owner to
Contractor under the Contract and any
amendments thereto, less the amount properly
paid by Owner to Contractor.
Any suit under this bond must be instituted
before the expiration of two (2) years from the
date on which final payment under the Contract
falls due.
No right of action shall accrue on this bond to
or for the use of any person or corporation other
than the Owner named herein or the heirs,
executors, administrators or successors of the
Owner.
Signed and sealed this 19th day of May, 2005
l' sistant Secretary
_ ELAM C TRUCTIO .~.~~.
Harold F. Elam, President
Seal
SAFECO INSURANCE COMPANY OF AMERICA
Surety Seal
(Title) J
Mark H, Sweigart, Attorney-in-F~ct
AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND A[AO 2
FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D.C. 20006