HomeMy WebLinkAboutresolution.council.066-09RESOLUTION # ~'Y~
(Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND GOULD CONSTRUCTION SETTING FORTH
THE TERMS AND CONDITIONS REGARDING CASTLE CREEK WATER
TREATMENT PLANT WEST PLANT MEDIA REPLACEMENT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Gould Construction, 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:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Gould Construction regarding Castle
Creek Water Treatment Plant West Plant Media Replacement 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.
Dated: ~-P- rah ~-~Z~ ~~ <~~
i
~~
~/~
Michael C. Irelan ,Mayor
q -~/ -rte
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, Colorado, at a meeting held September 14, 2009.
Katlu S. Koch, City Clerk
CONTRACT FOR CONSTRUCTION T~ ~' aF AsrEr,
THIS AGREEMENT, made and entered into on July 13, 2009, by and between the CITY OF ASPEN,
Colorado, hereinafter called the "City", and GOULD 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: Castle Creek Water Treatment Plant -West Plant Media Replacement, and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation,
has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the
terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and
canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of
such canvass has determined and declared the Contractor to be the lowest responsible and responsive
bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for
the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction herein
mentioned:
The Contractor shall commence and complete the construction of the Work as fully described in
the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the Work described herein.
3. The Contractor shall commence the work required by the Contract Documents within seven (7)
consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the
date and time indicated in the Special Conditions unless the time is extended in accordance with
appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents and
comply with the terms therein for a sum not to exceed FOUR HUNDRED TWENTY FOUR
THOUSAND FIVE HUNDRED ($424,500.00) DOLLARS or as shown on the BID proposal.
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.
CCt-971.doc Page 1
6. 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.
7. 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.
8. 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.
9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third
party or parties, except to parties to whom 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 teens, covenants, agreements or conditions herein
contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed,
kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent
default of any of the terms, covenants or conditions herein contained, to be performed, kept and
observed by the other party.
11. 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.
12. 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.
13. This Contract for Construction was reviewed and accepted through the mutual efforts of the
parties hereto, and the parties agree that no construction shall be made or presumption shall arise
for or against either party based on any alleged unequal status of the parties in the negotiation,
review or drafting of this Contract for Construction.
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 teens and conditions specified herein.
CCt-971.doc Paget "CC1
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the
date first above written.
ATTESTED BY:
7
CITY OF SPEN, COLORADO _ A
By: p~~""...~T~
n ~ ,
7
Title: t ~~-
APPROVED AS O FORM:
By: -
Ci ey
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.
doc
ATTESTED BY:
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF C o~o/q,w )
SS.
COUNTY OF ~"'`~~ )
On this o7s~ day of 'L~/'~~ 2009, before me appeared
G.~,r -r Wm'C. , to me personally known, who, being by
me first duly swo1rn, did say hat s/~e is ~ /~S~ „}- S~i'~rs~~ of
~7OG~-~~/ ~oYtS ~j~O" ~ hG and that e seal affixed to said
instrument is the corporate seal of said corporatton, 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.
_Y l~ ~fMy
~~~
Address
My commission expires:
///~' Z3.Zo/~
Sz, C~l~~~-~r,~oCa
~ ec~l
CC1-971.doc Page 4 "CC1
BID PROPOSAL FORM
Project No. 2009-012
BID DATE: April 23rd 2009 1:00 PM City of Aspen City Clerk's Office
PROJECT: CASTLE CREEK WATER TREATMENP PLANT -WEST PLANT MEDIA
REPLACEMENT 3-3-63
PROPOSAL SUBMITTED BY: C-Z Old t~U ~~5~~"~O
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without
collusion or connection with any other' Person or persons bidding for the same work, and that it is made in
pursuance of and subject to all dre terms and conditions of the advertisement for bid, the invitation to bid
and request for bid, all the requirements of the bid documems including the Plans and specifications for this
bid, all of which have been read and examined. Prior to signature. The bidder agrees to keep this bid open
for S_izlV (60) CpiISeCYltive calendar days from the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-construction
conference held by the Engineering Department, which also constitutes the NaFrce to Proc¢ed. Submission
of this proposal will be taken by the City of Aspen as a binding covenant that the Gontractor will finish
construction within the time specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to
the City, to waive any informalities or to reject any or all bids.
The City hall not pay the Contractor for defective work and/or for repairs or additional work required for
successful completion of the project. All work not specifically set forth as a pay item in the bid form shall
be considered a subsidiary obligation of the Contractor and all posts in connectron therewith shall be
included in the prlces bid for the various items of work. Prices shall include all costs m eonnectton with
furnishing the proper and success completion of the work, including furnishing all materials, equipment
and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction.
Poor quality and worlrnoanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
All quantities Stipulated in the bid form at unit prices are approximate and are to be used only as a basis for
estimaGurg the probable cost of wozk and for the purpose of comparing the bids submitted to the City. The
basis of payment shall be the actual amount of materials famished and work done. The Coni be r~ the
to make no claims for damages, anticipated profit, or othezwise on accoumt of any differences
amount of work actually perfomred and materials actually firmished and the estimated amount of work.
"SPt ~ _ age t
Bpi-871.doc
ponbadorsi
The City reserves the. right to increase or deotease the amount of work to be done on the basis of the bid
unit price and up fo plus or minus Twenty Five (25) Percent of the total bid.
I hereby acknowledge receipt of ADDENDUM(s) numbered ~ through
BP1,9T1.doc 'BPt e~~~
ContrBdors Im'dals
ESTIMATED QUANTITYLIST
iTNIT
ITEM DESCRIPTION iJ1VIT QUANTITY PRICE
1-Media and Underdtain Removal and Replaceme~
LS One
TOTAL
~,q~
$-~~6'--`j~Q ~
TOTAL BID IN NUMBERS:$ ~ Z ~ ~ o0
Total Bid in
-H~u1lID~ ~ ~'°/i'vo
I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been
reserved by the owner.
Authorized Officer:
Full name signaiure:
Company address:
Telephone number: "t`~
Fax number: _~~~~
Attested by:
.i .!~ ~C,h~-
Title: ~~
BPt-971.doC 'BP1 e
Mredofs in~als
Subcontractor & Material Supplier List
Name: __~l l ~/~~J~~7( ,Phone #:12y x(52 (~~j
Address: 27 7 S . ~~!/~ ~~~ Sfi 7eli.~~~ /~/~/~~
Service or Product: ~ ~~Pa/ /~l~~rG, d' l/u.g~~~j`~,
Name: Phone #:qZh-SSA-$~
Address: 1 ~f~' l~/ ,~ CD ~lCZ ~l
Service or Product: i~i,ii~ Fi'
Name: ~(~~ , 1~~,~a~~ 4 ~6~c~ r,0~~"" ,Phone #:~3-y~P-1I~7
Address: ~~. ~'jr»C ~O~il~~~ ~~~~6d~t2 . Gd ~6/~2
Service or Product: ~ ~~ s~P~ ~
Name:
Address:
Service or Product
Phone #:
Name: Phone #:
Address:
Service or Product.'
Name:
Address:
Service or Product:
Bpt-971.doc -'BP7 Pape4
----
Phone #:
Bond No. 5379874
PERFORMANCE BOND
IQdOW AL.L PERSONS BY THESE PRESENTS: That wa, rite undarslgnad, as,
Gould Constructioq Inc. 11EVing a legal business
BddllC-S6 2t P.O. Boz 730, Glenwood Springs, CO 81602
a Corpnrati°n M Prindpal, hereinelher c~lled'Pnndpal', and
Employers Mutual Casualty Company
P.O. Box 712, Des Moines, lA 50306
a mrpora6~n orymlized under the law3 of the Sffita of Iowa _ ~ y„~d >A transail buslrress
h the Slubo of Cdoredq trerdnelter caiNd'Suraty, are held and tirmty bound unto the City of Aspen, a Colorado home
rule rrwniapafity, M Obligee, frerairmflpi ceNed'Clgl', In itro amotatt of
Four hundred Twenty Four Thousand Pive Hundred Dollars and No Cents (~ 424,500.00 ~~ in IavYflil
money ~ the UnPocd titetes for payment v~ereof Pdnclpgl and Surety bind lhemseNes, their hells, e>aecvtors,
admini_::ators, sltcoe9sore end t~signs, )cintly and severalty. fimb unto these Present
~l'l~t'r~, PItrlClpal t1891ry Wrtt~n agreetrtettt dated July 13 2009, entafed
Into e. iSntl'ail 1NRt1 CRy for Castle Creek Water Treatmen an es ~ a~~~CB wRit ~e Contrail DOCUmalts
which C~tttreet Doamatls b by refaerloe made a part herleof, and Is treteMtalDer referred fD as the Contract
NOW, i iiEREFOftE, if Pdnc~al atr~l well, ttuty and faRhtlSy perTomr 1~ dutlee, ell fire underteldngs, cawner~, terms.
cortdidorrs and egneerrrerris of seta Contrail during the origYtsl term lhereaf, and any e>aenafans thereof which maybe
granite try the ~. vdth ar vlMhat notlca tp the Surety and during the 9uarangr period, end B Pdndpal shag selisty aA
daims and derttarde treated under such Conback aril steel fully ind®nnify end save trmmtess CRy from ell casts and
daaages which R rttely suRer by reason of feNure to do so, end efrell tetrrburee and repay the CRy all ouliry and e
whkh ih2 CRy may roar in rtnldrrg good arty default then this oblk~alion stroll be void; oiheMAse R shag tartan in tell
forv3 acrd etkct
The Suratjr hereby waives ttotioe of any alteration or erderrsiar of 8me nee by the City.
When~,r~ Pdrrdpal shat be, and declared by CRy to be in default under ttre Contrail, fhe CRy having perfomled CRY's
oWigetlon herarardrx, the Surely may promptly »dY the default or shall PromPtlY•
(1) Complete the Contact in atxadance rtrflh Rs temrs and t or
(2) Obb~n a bid or bids for completing the Contrail in aoaordenee with its terms end condiBorts, and upon
detdmirelior- by Surely of the bwest tespons~b balder, or, M the City efeds, upon detetminatlon by the Clty
and Suety Jointly of tla lowest respardble bider, ananga for a eorttract bsiwaen such bidder and Cr~+, and
rnalm ava9aWe ~ work progresses (awn though trtere should be a default or sucoeeslon of dafauRs under the
Contrail or Conhads of arranged under itrls paregraph) sulfictetd fistds to pay the cost of
bee G ~~iard~eer, m~rtou~rrt s~ ~ m ~~patagrapoh hereof. Thelerm't>elance of 1hethConiraat price"
as used In this pmragreph, shell rrrearl the toter amount payable by Cny to Prhtdpel under the Cotttraet end arty
amendmsrls iharato. lass the amount property paid by City to Prindpal.
~) ubjeUo this bOndnot the orlgtral Cathad oblf0edans. tw ~ ~~on of the Contrail, aheU also be
ThES bond is intended >o be to aetisfetdiort of, and in addRlon tD, the bond requited putstwnt tD 5edion 3t3 2&106,
C.RS., es amended.
Media Replacement
7A71.doe Pegs 3{ "~~
This bond, as a pata0.y and indemnlficatlon bond, shatl also erlTlfle Cif 1p recover as part oP the won of the
ConUad or the paymertt of any gbor or me~rial ~ herelurder, actual and mruequenUd damages, iquideDed end
urilquklatied danwges, ms1a, resalable atEomeys fees ark ~rt witrresa tees. Yrdudhrp, wltl+out limttatlons, the fees
otenglrleedrrg oraretd6ec4sai mrnulerre.
Surety, for vans reoeNed, hereby slipulaUas and agrees that to IndemnKy and save harmless file City 4o tlta rodent of
arty aril all peyrrrerrts ti comecdon vdtll the oarrying out d the contrail which the C'ily may be required 1p make under
tl1e fasr by wry reaaorl of audr faiure or defarAt of the Prilxjpal.
Further, Surety and Prinapat slnl pnrtect, defend, indemrtify and save tarrriess the City's ofllcers, agerds, servants,
and employces itom and agaktst all datrrs and ailions and aN a hldd~ml 1A the defense of such claims or
ecUals, basal upon or aA:ang out of ttrjuries or deatlr of persons or dsnage tb property caused by, ar suslalned ~
oonneoGon with, fhb Corr6act by cordNbrrs acted thereby. and m request of the Cfly 1nn1! assume the deterlsa d any
oelm a• aillon ErotlgM against the CRy.
No right of action ahsU ecaue on Ws Bond m or for the uee of erry person or oorporatiorl other than 17re City named
herein orttle empbyees, agents, lftrlhtiS~itlore a<sIJCCeaBOTS Of City.
SIGNED Ate SEALED ttde
13th
July 2009
day of -_ .~
~ !`.~..IA l`......f._.....i~~ ln~
t~l~
NOTE: Accanpany the bond wNh certified Dopy of (3erteral Power o} A10omey fiom the Surety 1p fndude the da0a of the
bond. (Dabs of Bond mwt not ba prtorto date of Corltrack) M Principal is Parblership, ell Partners should Bamd.
CC1~71.tlx Papa 1'J6 "~C1 -~
.~
Bond No. S379874
PAYMENT BOND
IU~IG4Y ALL PERSONS BY TFfi=SE PRESENTS: ThatvMe, the rnrdpsigned, as,
Gould Constructlan, Inc. ~~ a ~ ~g~ggg
BddfCSS ~ P.O. Box 130, Glenwood Springs, CO 81602
•
® Corporation gg PfIrlClpal, hersirMtercallsd'Pdndpar, arW
Employers Mutual Casualty Company
P.O. Box 712, Des Moines, IA 50306
a eorporefion orgsrrtrad underitre laws of fire State d Iowa .and Qe~~{ b barrsail brsiness in the
State of Colorado, trelelllalter cafiad "Stllety', are held and finniy bound unto the City of Aspen, a Colorado home Me
muniapefily, as Oblgee, herekralberplled'Clly", in the gtrount of:
Four Huntlred Twenty Four Thousand Five Hundred Dollars and No Cents 424,500.00 ~~ In lawhrl
money of the Untied ram for payrrrerrt vdrereof Pdnclpal and Surety tied thentsahres, their heirs, erwcutors,
edminiatrerore, atrooessors and assigns, Jointly and seHdafiy, fmNy wto These preserrt.
WIiERFA3, Principal FrBe tly WMten agreement doled July 13 Zp~ errtered lrr6o 8 eorrbar#wph the Cfty for
~~ ~ 2009-012
aprojeilentpted:r .. r kt ~ .m _ ..e ____-__
n aooordanee with the Contrail Documents which Carrhail Docrrmerrls is by reference made a part hereof, and is
hereinalfarrefenedto as theContraot
NOW, T}tEREFORE, 71iE CONDI'RON OF'iltlS OBUOATION fs such ihaf, h Principal shall Promptly rrreKe payment
to aN clairrrants hereirraPoar defined, for ail Mbar and hraterW used or reasonably required for the use in the peArnrtranoe
of 4w Contrard, Ererr this ob>~afion shag be vokl; othem~ k shell rertraHr In full faros end effect, aubJeet, however, fo
thefofioydrrg oondlfione:
•i. A Cleirtmnt is defined as havhtg a dkect canhact wltll the PrirKIPil or Vultl7 subcontrailor of the Pritrdpal for
labor, material, a troth, used or reasoraby required for the perfomrarrw of the Oontraet, labor and I being
corLS4..a.t b include f11at frert of owlet, gas, pwrar, treat, all, gasoline, telephone service or rental equipment
directly applicable m the Canhail.
2 The above~anre RindPal and Sureb treretN 1a~Y ~ re-'~Y spree W6tlr the City that evetY clairtrarrt as
irerekr dePoted who tree not barer paid ~ fir9 be(are ttre e>4rlration d nfrrely (go) days alter the date on whidt the last of
such r~einlanCs work or labor was done or perfomred or CIS were ttrrrdshed by surfir rJalrtmM. may sue on this
bond for use of retch starts as trey be juslly due deiman~ end have e>ecvtlon theteon..Tha City shall not be liable for
the payment otarty poste or e>grenses of any aueh aru7.
8. No suit or adlarr shall commence trereuntfer by any cJa4rrant
(a) Unless e~lmarrt, other than one ha~Mg a dlreil oorrtrail Netlr the Pdndpai sFWI have given written
notloe ip any of the tio0ovrfrg: The Prlnapel, ihs City, or the Sursbl above named, wtlh6r rrinely (g~ days slber such
rJakr~rt drd or performed the last of the wok a labor, or 1Umished the last of the material for wtdch said dorm is made,
stagng with ardretanfial a the amount claimed and the rrrerre of the party tc wham the ware tumistred,
or for when the work of labor was dare or performed. Such rtattee shill be served by nraNhry the same tegiste~rd mall
or aetWled map, postage prepaid, inaneJtvelope addressed to tfre Prirtdpal, taty or Surety, at arty plax where an otlloe
fs regularly malntahrad far the treneaillon of buaYrasa, a eenled in any rrranrrer in whfeh legal process may be served N
the State of Coorado.
CC1~71.doc Pape 136 "~f
(b) Afix tlw aogrirati~ of one (1) year iouctiving the date on wtrieh Prtndpal ~~ work on said
Crntrad; it L~r~ raderstood, tirrJUSiru, that Y any ~ri9etlon embodlad 1n this Bid is prot~ttad by any law controGrlg
the eonstruaUon hereof, sudr umMadon shall 6a deemed 1o be arrt~ed sa as to be equal to the minimum period of
IlrnitaUon pennllted by suds law.
(c) Otltar ttan in a state of oompelentkuisdK~on in and forthe County ar Pitldn, stabs of Cobrado.
4. The amount aF this Bard shah be redrroed >p iha e~aztt of arnr paY~ ~ PrO made hereunder,
indu<+ve orttre Parr+er~ by surely of rains or claims whfdr may be teed of record agetnst the fps). wheltrer or
trot de!r., tbr1M artlourt of such uen be presented under and against fhb Bond.
5. This Bond b intended to be in earn of, and in addition t4 the bond requlrad pursuant to Sedbn 38-
2~105, C.RS., as amended.
B. No fete se4tlernent between the CIS and Pritwapat shall abridge the fight oP any beneflrfary hereunder.
whose claim nay be unss6sfied.
13th July 2009
si~tVEO ANO sF.~o tttls daY ~ - -
/ / /:nuld Gnnstn ¢tinn. Inc. .___n
l CC
NOTE Acmmpany this bard VMtl1 Cettilted espy of General Power of At~mey fiWn the Surey Cotnpeny to include the
date of the bond. (Oeihe of Bond must not be prior tD date of • ff Prindpal ~ a PaNarstilp, ao partrras should
e7cerxrte Bond.
CC1-a7l.doe Paae 171 ~1
Bond No. 5379874
MAINTENANCE BOND
IWOW ALL PERSONS 8Y THESE PRESF.NfS, Thet We, the urdersigrted, as
Gould Construction, Inc. J ~ P.O. Box 130, Glenwood Springs, CO 81602 ~ P.:..,.:..d
heratrmTfar referred ~ as "P~dpal", and ~~ ^~1~
Employers Mulual Casualty Company
a oorpota4on organised utderale laws d 111e State d Iowa and q to 4arlsed
ttNBktes4 h ate State d Ooklredo, ~ "Sraely" are held and frrrrdy hotmd unto the Gty of Aspen, Cobrad0. as obttQee,
hereinafter tefemed tp ~'"CKy,° In the penal sum of
Four Hundred Twenty Four Thousand Five Hundred Dollars and No Cents ~~
;$ aza soo.oo L lawful rttoney dtha lktttsd Sties dAmerica, for ate Paymerddwhk•11 Burn. wall and
'JUIy 1o be made)o the Cily4 We Mrtd ourselves, and Oar heh, e)(elUtorBr adminis>ra>wa. gapCeeeOla, arld asatgnees,
oinay and sevare0y, by theme preeeMs:
WHEREAS, Bald Prindpal has entered into a MHittarl Contract vrilh the obl'gae dated July 13
20 09 torltlrrtishing aU egl~rtlertt~ labor, toils tvtd nlatd'fals for:
Cas~Ele Creek Water TreaVnent Plant West cilia Replacement
(n aooordance with deteaed plans and speelficetlons on file in the olRoe dthe Cty Clerk d aekt CHy, a Dopy d whkh
Cortirad k altac?ted hereADo end made a part hereof.
NOW THEREFORE, Tlw eortdtlons dare foregoing abfgetione are such that ff ate said Prlrtdpat shall well and UuIY
perbnn 9U ate t and oortdBarts d this Carltact an the pert d said Prindpal to 6e pertbmled, aril rtrpeir a
repl~e all deieels tbra period dtwo year(s) as provided herekt, aril Protest and save hannlfiess ~ oAsp0.at
Colorado, from aI bss and damages to life or property suApred or bN arty Pa~!•
by sold Prlydpr a ttie ageris or ttis employees, in the parforrrtartca d eald work, or by, or m corteaquence d arty
rtegGgenre, r~dessne~, or mieaondl,rct o guardutg and plofee>xlrlg same, ar from arty knproper or defective egWprnertt
a Irlamtl8la seed ifl ale Work, OI' Other damages, Nab aril expertsas and get tiutll in 911th Contraolsr al&1 al>s
ollUgatlan shay ba void oltlarwise 10 -emakt In full iOroe end effect in lew.
THs cord gualffilteas that the material and equipment famished and Nfedr and MIOrWr>8n9f1tP ~P~ In ~
perfarrtartoe d itte wlxk described in this Contract wig 6e d such character and quality es b Insure Rto be fire from all
detisr~ and o oorttirtuona good Orderard in a candltlon sa9slx~tory m the CiOVeming Bady dlhe ~h d Aspen for e
period dtwo year(s) aOm the date d iha erauanos oFths CertiRcaOe d Cornpleaort.
Ttds Bord gtrarantsas slat the seta Prirtcipsl wiU lo?~ >~,d mafrlfalin the aubJd~efecihle cvrtstruliort as ale Ctty may deem
the Cily d e period apeOiGed, old mdse such rsPeha or reptacerrtent rty
nY-
CC1.971Ax P~ 198 ~1
Tha said Prkrdpal shell Hat be required 1A n~an sny Pert of the inpravement undtx this guerart>tee which. albsr its
cor~letion and aoeaptanoe shell ha~a been removed a althred by the CPoj ar its agent.
SIGNED AND SEALED this 13tH ~ ~ July zooia
PRIiJCIP • Gould Cons ion, i (~
By. _. Allest
Title:
Employers Mutual Casualty Company
Attorney-in-FacU Ashley K.
Title:
Connie Stanton
(AuompanY this bond wlMr certNied Dopy of General Power of AtJ:aney ttom the Surety Company tro indude the date of
the bond)
CC1A71.doa Paps We ~CC1