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Land Use Case.Aspen Mountain Rd.A79-94
- As pe* ilb O,\2(#, r- R A (l,v <*19-1 4 1 r.40-CA# 1 City of AsTiv~ Wl-1~€,4- 11, :1 It ' • V ' 804D Green i j. t?* \lk B - px- 11 12- I - i.. -1 1 « EDGE MATCH 10 SHEET 1-15 7930 I 9 - , 4.- d FID------ 792*6 it**=~0„ - ,--22>ff . 4 0 «-7--f--~ ----------0 O 0 ..L 0 0- %»-%.-A-A--WV-,-„-,%-,-A~-A..-...VAA-, 0-0 0 0 0 E DURANT· AyE 0 0 0 13 0 1 4 1*00 --1-2- r----------------------3# ~ f»ji,~~-----»f---1 --____7- --- - --33 : took \ r 9 - f,/1---N City of Aspen .-2 ASPEN, COLORADO \0 -' 1 L_ 9 t -9 / 3 K 4 Engineering Department 0 10 LS, 791 42--- 2 *G 130 South Gotenc Street, 81611 * 5 # hi_-7 ~ R A f 8 1- ~~--jr--L// U (303) 920-5088 j Eli 1 p REL*-- 0 1 l~ ./.- 1 0 1 / -- , PARKING A~EA P~ING AREA ~~7836 0 ' ~ r --- -1-k--4- DEAN S T . f o , ~<'- 0 ~ r.- TI x :. 7 fifl,yi- *-·--3 + 1 E 79Af/- ~*- Ir / 11-P, { I. --- t / t 03 - 3 =7 1 \\03\ Lf j -- - -1 40,611\ / -97C1 -2 V 1-1 1 / 70133.9 \\ 1 - i \\ to::-AN f N 1 Lit-\FA + 69 P M~ ~ LEGEND A 11 7 j M % C/, « 3 1 UL-*-·€- 0 j ,-3~ 0 \#.6: --,7 -- 1~~A1~KING A ------ 2 \,0 , e ' 5 1--* 1.-4 // 1 fr-,3 or \' 2 \ AN.../\-1-2 h % ~1 ~ f// 90--42-51) 4 * Street Light ~ '~ -~ PARKING AREA U ) CO 1/ 1 0 , T ,-1 7941.8 1\ -' '>910 7 -I ~270~ 1 J 9 ------ , --ly 1 4 I Q.\ - {20 c 1-1 << -- 1 Power Pole :5-21 500 vk/ ---- 1 »04 ,/ CNN 9 , f 4 <73 A -7/ . ~.9 3 11 Nx-»InnuvrOLL~ /N, ° 44. 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I . p-, .. 4 + . 1 - .4,6. 8 1~ 4 6.14 ' ' , ' 4 , -I - 1 'I X .91 0. b 44 . ~- 4/' - , '?f, ~ ilf· 1~.**tilf·* A. hvt. ==,1. ir ~ I:*Ill.*Il.. I ./ -1. I t- 0. ~~ ~f~ ~ ar i . 1.2 JAU' 1, r e, *- ' u ·r •A il- 4)(,eff'4-• 4'~~1~~. * L «-k r. : St -.:. t. • , i, 51 - qb 42*,tr *f . , - .. I. 24: * ~*i';~M~<~9/74<e· 0 ' C ./ V¥" t. , e 4 .' '- I 1 1% 77. . :/ 1 -/ 4 /0 - $ >le,, *. '.. 4 > ~ .4 6 , .... .. ... .... 11'llill"Imillill .... .. ,.. . ... A . ... . 0 0 ... 0 . 0 0 . I ... -0 0. ... I ..... . .... CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10/06/94 PARCEL ID AND CASE NO. DATE COMPLETE: - - - A79-94 STAFF MEMBER: PROJECT NAME: City of Aspen Water Tank 8040 Greenline Review Exemption Project Address: Legal Address: APPLICANT: City of Aspen Water Department Applicant Address: REPRESENTATIVE: Phil Overevnder, Water Director Representative Address/Phone: ext. 5110 FEES: PLANNING $ 215 # APPS RECEIVED 1 ENGINEER $ 0 PLATS RECEIVED 1 HOUSING $ ENV. HEALTH $ TOTAL $ 215 Due (To be JE'd) TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: 'A/)3/614 INITIAL :70. LA) 1 City Atty City Engineer Zoning Env. Health Housing - Open Space - Other: FILE STATUS AND LOCATION: MEMORANDUM TO: Stan Clauson, Community Development Director FROM: Mary Lackner, Planner RE: Aspen Mountain Water Tank Drain Line 8040 Greenline Review DATE: October 11, 1994 REQUEST: The applicant, the City of Aspen Water Department, is seeking approval to install and replace the water tank overflow and drain line for the Aspen Mountain one million gallon storage tank. The project consists of the installation of approximately 800 linear feet of 12" iron pipe, two 5-foot diameter manholes, and connection to the existing storm drain located on Aspen Mountain adjacent to the Aspen Alps Condominiums. DISCUSSION: The Aspen Mountain Water Tank site has been subject to repeated tank overflow events which, together with natural drainage and water leaks from other private water systems, have contributed to property damage in the vicinity of the Fifth Avenue and Durant Condominiums. Leaking water lines were identified through the leak detection survey and a high priority was established for correction of these leaks because of the property damage below. Overflow problems will continue to contribute to problems downstream without provision of an adequate connection to a stable drainage way. Connection of the City's tank overflow and drainage lines to the City's storm water system will alleviate these problems. The Water Department has begun construction this month to resolve these problems prior to the winter season. Since this water tank primarily serves the Aspen Skiing Company for snowmaking on Little Nell, it is critical this work be completed prior to November. Exemption from 8040 Greenline Review Section 7-503(B) permits the Planning Director to approve an 8040 Greenline Review Exemption which meets the following standards: 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent; Response: There is no floor area associated with the proposed construction. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 13-76 or the applicant receives a permit pursuant to said subsection; Response: No trees will be removed or impacted by the proposed changes. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Response: The new water line is being placed under Aspen Mountain Road and the access road to the water tank. All areas proposed for construction are within areas previously disturbed. There are no geologic hazards that will be affected by this project. The applicant is anticipating to have the work completed by October 16th, at which time a native seed mixture will be spread out to revegetated disturbed areas. Seeding may also need to be done in the spring. The majority of the constructing is being completed within existing roads and will not be revegetated. RECOMMENDATION: Staff has determined that the applicant meets the requirements for 8040 Greenline Review Exemption. Therefore, staff recommends that the Community Development Director approve the applicant's request. APPROVED: 6,a 1-1 C#W~ n , Community Development Director 2 ·4*·.. 4,3 «-h\«PX ./ \11\1 - -Of-Ng, 0 2 0// 02«9»~_ ---- ----------~M iff- - k -i t L-*1* - $ 1 m *%*%%*--7, f \ J f, N i \\ \\ 1 \ I / -1\\ 0 \ ~ or«f«~~--- -c -«f ~«r-; 941<,,# 0 11 -\--% 74 //555 1\61 il!/ / --1 Ne \\\ t ------ .2 »10-1 .6 - 4 ~r~ ·e.- 1 ~ . . ...1 i. J 444,% . 4~ % 'i*-- 'J)ijjil"ff<~. >4 11 1 1, d#lim / .11. P . i 4 1 -I $- 1 1,31 1,»,r ' f U 1 C .6- i *44' ''' i 11] \1 &/ r,· - I AF. -- j ' , i .4 By 4 +t' '. '· 1,/. (- Ap , 1C C E-fMMAV , ·· 1 . la - .· 111 -3 1 1 <{(Alll'l/11.\9 4,V r 0908 "#1 / ' \ 03425£0.- -1 0,08 -- - 7 i V, 110<33-3-~ 41 6 1 . 1, 9 1-0 - I-- ---*1--.-- 2--0\ f j ---021,1-----.-*.2(2.'.'.r# /////--I S \\ \U --. -212\22 312101~/ , /1 f - --2=0212-0-2=28 \\14« -21-- 0867-\\ , / ' 026£ 21 MBN -4 - -~ FA MA< 9] 04 14 D W' 1 9 rn9 1%4 Ung.40 4-ZA rn?N = i J 9:\ 7 v 1 10 7, G -1 \4 1-1, *--1- boot Lf} 5-1- \A no W Madi y «~ \\ 0 'ffr// 11 « 5,12* -411 ATTACHMENT 1 /t-7?-9f IAND USE APPUCATION FORM r- ~ /- / r 1 77 -3 1 7-' p i ! A 1) Project. NaIne 9.-PEN| *ITT 1-ANk b 24 14 2) Project- Location ASPEA 040 61NT4/A hOA b 1, 6.0 ,1 (irdicate street address, lot & block number, legal description where appropri ke) : i 3) Present Zoning(~'-443?TJA-,1 (>A. 4) Lat Size 5) Applicant's Nane, Address & Phore # C IT'I O P 45.PEW 3 <30 58647,1 (RA LE: RA) (Rio--7/10 6) Representative' s Naive, Address & Phone # 07>'Mt L O V €21 Er ¥ 0'46€lk 12-0 - 41 I 0 7) Type cf Application (please check all that apply): Conditional Use Conceptual SPA - Conceptual Historic Dev. Special Review Final SPA - Final Historic Dev. ~ 8040 Greenline Conceptiial FUD Minor Historic Dev. Stream Margin Final PUD Historic Demolition Mountain View Plane Subdivision - Historic Designation Condaminiumization Text/Map Amendment CM@S Allot:merit GMQS Exaretion Lat Split/Iot line - Adj ustrent 8) Descriphon of Existing Uses (rumber and type of existing stn.-ares; approximate sq. ft.; number of bedrooms; any previous approvals grarrted to the property). 1 4iLLION 6-iuoN g-0&66.2- 7*NK; Pwvwt ·ST*-r; D,ki 4,44:, 2661-25 Alft,46,- NAA APPM FTENANCE 6 9) Description of Development Applicatian Apellf AT,0+1 Bok /144-PA-U_e-/CW OP: (f, 900 LF oP Il" AMI Al LI Ne- 4·N-p 1-wo #4.0,(A·NHotEL 10) Have you attached the following? Response to Attactment 2, Minin= Sll]1nission Conterrts Response to Attactment 3, Specific Submission Oorrtents Response to Attachment 4, Review Standards for Your Application ATTACHMENT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards relevant to the Development Application. attach2.applications - 1 -- '-- ..WI'll.-- , ATTACHMENT 4 Review Standards: Development Application for Exemption from 8040 Greenline Review The expansion, remodeling or reconstruction of an existing development shall be exempt from 8040 greenline review if the following standards are met: 1. The development does not add more than ten percent ~~ or increase the total amount of square footage of (10%) to the floor area of the existing structure areas of the structure which are exempt from floor area calcuations by more than twenty-five percent (25%); and 2. The development does not require the removal of any tree for which a permit would be required $~A pursuant to Section 13-76 or the applicant receives a permit pursuant to said section; and \ 3. The development is located such that it is not affected by any geologic hazard and will not 1\ ~ result in increased erosion and sedimentation. 02: MEMORANDUM TO: LESLIE LAMONT 1 FROM: LARRY BALLENGER, WATER DE LTMENT PEY> DATE: SEPTEMBER 26, 1994 SUBJECT: ASPEN MOUNTAIN DRAIN The City of Aspen needs to install/replace the water tank overflow and drain line on the Aspen Mountain one million gallon storage tank. The tank drain and other existing drain lines will be combined into one new drain line to be installed within the alignment of the Aspen Mountain Road. The work is a joint cost share project with Aspen Ski Company. SkiCo is providing the easement for the line and a proportional share of the cost of construction. The City of Aspen will own and maintain the new drain line. The project consists of the installation of approximately 800 linear feet of 12" ductile iron pipe, two 5-foot diameter manholes, connection to existing drains and connection to the existing storm drain located on the mountain next to the Aspen Alps Condominiums. All work will be performed in accordance with City Engineering/Design, Construction and Materials Standards. All work will take place in Aspen Mountain Road so that no negative impact will occur to existing vegetation. The trench will be compacted to a Proctor Density of 95% utilizing native materials. Since all construction is taking place within the road and native backfill is being utilized at a 95 % Proctor Density, little or no run-off erosion is expected. If conditions warrant, the Water Department will place a fiber mesh erosion mat on the excavated area this fall prior to snowmaking operations. Attached for your information is: • Agreement with SkiCo • Contract Document Bid Document • Drawing of Proposed Work e Aerial Overview Of Area ~ LB:11 * f. 1 MEMORANDUM TO: MAYOR AND COUNCIL THROUGH: AMY MARGERUM, CITY MANAGER THROUGH: BOB GISH, PUBLIC WORKS DIRECTOR FROM: PHIL OVEREYNDER, WATER DIRECTOR~ 3~th _ L21Ul,53<7-- DATE: SEPTEMBER 21, 1994 2- \ SUBJECT: ASPEN MOUNTAIN WATER TANK DRAIN LINE SUMMARY: The Aspen Mountain Water Tank site has been subject to repeated tank overflow events which, together with natural drainage and water leaks from other private water systems, have contributed to property damage in the vicinity of the Fifth Avenue and Durant condominiums. In response to reports of water damage, the Water Department had identified and repaired water leaks in buried lines in the vicinity and coordinated with Aspen Skiing Company in correction of leakage from its snowmaking operations. In addition, the proposed 1995 Asset Management Plan identified correction of water tank overflow releases through construction of a connection of various water tank drainage components to the existing storm sewer located at the base of Aspen Mountain near the Little Nell Hotel. The Water Department is recommending that this drain work be constructed this fall in order to ensure that snowmaking operations on Aspen Mountain can continue to be conducted in a safe manner consistent with the terms of the contract for provision of treated water to the Aspen Skiing Company for snowmaking. PREVIOUS COUNCIL ACTION: City Council appropriated $20,000 this month for repair work related to correcting leakage in water lines, including one in the vicinity of the Aspen Mountain Tank. Leaking water lines were identified through the leak detection survey and a high priority was established for correction of these leaks because of the potential for contributing to property damage below the tank. BACKGROUND: The Water Department is contractually obligated to provide water for snowmaking on Aspen Mountain pursuant to the terms of a 1981 agreement. This agreement 1 accounts for annual revenues of approximately $52,000. Treated water is provided to Aspen Slding Company at the Aspen Mountain Tank, which was constructed and is operated principally for this purpose. The Aspen Skiing Company takes delivery of the water at its snowmaldng station immediately adjacent to the tank site and pump station. Both the City's tank and SkiCo's snowmaking operations have been subject to drainage problems ranging from failure of the tank altitude control valve, drainage from the underdrain, leaking water lines and leaks in the SkiCo's pumps located at the snowmaking facility. Action has been taken, and continues to be taken, to correct leaks in this portion of the City's water system, but overflow events will continue to contribute to problems downstream without provision of an adequate connection to a stable drainage way such as the City's stormwater system. Connection of the City's tank overflow and drainage lines will alleviate these problems and enable snowmaking operations to continue without interruption this season. The Aspen Skiing Company's snowmaking facility also contributes to this problem as described earlier. The attached September 19th letter from the City Attorney's office explains the obligations and commitments of the City and the Aspen Skiing Company in jointly correcting drainage problems from the tank site and snowmaking facility. SkiCo is providing an easement for the drain line and has agreed to pay for 40% of the construction costs for the portion of the drain line from a point near their snowmaking station to the stormdrain connection. Leonard Rice Consulting Water Engineers prepared a bid package. Requests for bids were publicly advertised and bids were opened on September 20, 1994. CURRENT ISSUES: The project is to be completed by November 1, 1994, in order to facilitate snowmaking operations during the upcoming winter season. Two companies responded to the Request for Bids. The bid breakdown is as follows: Condon Construction ........... $ 70,813 Swerdfeger Construction ...... $ 78,750 Both contractors are capable and competent in performing the requested work. Condon Construction's bid estimates varies from the second bid amount only by the amount of the additional costs of mobilizations for the out-of-valley contractor. FINANCIAL IMPUCATIONS: Based on the low bid contract proposal and the 40 % cost sharing agreement with SkiCo for the relevant line sections, the City of Aspen's share for construction of the project would not exceed $46,653.00, while the Aspen Skiing Company's share would not exceed $24,160.00. The Water Department proposed a budget of $50,000 for this work in the Asset Management Plan (AMP) for 1995. Because some of the work in the AMP has been deferred until next year, there will be sufficient funding available in capital projects to complete the Aspen Mountain drain line this year, while deferring the completion of the storage building at the water plant site, budgeted at $80,000.00, until next year. Deferring 2 -, ..'1CZEt 1 the completion of the storage facility is necessary, in any event, since an integrated site plan will be required for permitting purposes. RECOMMENDATIONS: Staff recommends that the contract for the Aspen Mountain Tank drain line be awarded to Condon Construction in the amount of $70,813. Staff further recommends that Council accept the Aspen Skiing Company's participation in the project as outlined in the attached letter. ALTERNAYIVES: The proposed work could alternatively be completed under the original schedule contained in the Asset Management Plan. This schedule potentially jeopardizes continued safe snowmaking operations and the City's receipt of snowmaking water sales revenue. PROPOSED MOTION.· I move to award the contract for the Aspen Mountain Tank drain line to Condon Construction in the amount of $70,813 and to accept the Aspen Skiing Company's participation in the project as outlined in the letter from the City Attorney's office dated September 19, 1994. CITY MANAGER'S COMMENTS: Attachment A -- September 19, 1994, letter from David Bellack, Assistant City Attorney PO:11 \phill\littlenell.cc 3 i . -« -- I kilick«4 - U P - i September 19, 1994 THE CrrY OF ASPEN OFFICE OF THE CrrY ATTORNEY Arthur B. Ferguson,. Esq. Holland & Hart 600 E. Main Street Aspen, Colorado 81611 Re: Aspeh Mountain drain line construction project. Dear Boots: I'm writing to confirm our agreements regarding the drairi line project. The project will consist of the construction of an underground drain line connecting various water sources to the Aspen storm sewer system. I've listed below. my understanding of the respective obligations and commitments of the City of Aspen and Aspen Skiing Company. 1. The City will design and bid the project, with the project specifications to include completion of all work by no later than November 1, 1995. 2. The City will obtain all permits and land use approvals required for the project. , 3. The City will advise the Company of the amount of the bids received before accepting any bid for the project. 4. The City will pay 100% of the costs of construction above the existing manhole vault near the Company pump station. 5. The City will pay 60% of the costs of the' project for all other construction. 6. The City will accept title to'the constructed line and be responsible for routine maintenance and line locating for future construction near the constructed line. 7. The cost of any required replacement of the line in the future will be shared in the same manner as constructionl of the line. 8. The Company will perform an evaluation of the ownership of the real property on which the project will be built to ensure 130 SOUTH GALENA STREET · ASPEN, COLORADO 81611 · PHONE 303.920.5055 · FAX 303.920.5119 *ted on recyded p,per 1 2 . . that the line is constructed entirely on property owned by either the Company or the City. 9. The Company will grant to the City a perpetual easement over the property on which the project will be built. A proposed form of easement is enclosed*. 10. The Company will pay 40% of the costs of the project for construction from the exiting manhole vault near the Company's pump station to.the storm sewer system. I hope this accurately states the understandings of the parties. If the above does not accurately state the agreement of the parties on this issue, please advise. The City is proceeding to obtain bids for the construction of the project. We will keep you advised of any progress. Phil Overeynder will be coordinating the technical aspects of the project, at least initially. Feel free to call either Phil or me if you wish to discuss the subject further. Very truly yours, ~ 1 ~ i 4 AA L VIki D CC: Phil Overeynder j ....9.•'_-· W ..2- 1.--,/IT- * Leonard Rice Leonard Rice Consulting Water Engineers, Inc. Gregg S. Ten Eyck 2401 Fifteenth Street, Suite 300 / Denver. Colorado 80202-1143 1 (303) 455-9589 • FAX (303) 455-0115 Leslie H. Botham Ross Bethel Jon R. Ford September 22, 1994 Mr. Phil Overeynder Director City of Aspen Water Department 130 S. Galena Street Aspen, CO 81611 RE: Aspen Mountain Tank Drainline Dear Phil: Contractor bids were received on Tuesday, September 20, 1994, at 1:30 pm for the project entitled, "City of Aspen Water Department, Aspen Mountain Drainline", Specifications No. 980AWT02B. Two bids were received. The contractors and their totals are listed below: Condon Construction, Inc. $70,813.00 Carbondale, Colorado KR. Swerdfeger Construction, Inc. $78,750.00 Pueblo, Colorado Attached for your review and files is the original package forwarded to the interested contractors and copies of the submitted proposals. Condon Construction, Inc. from Carbondale, Colorado, is the apparent low bidder. Condon Construction, Inc. has been in business for approximately four years and has completed project satisfactorily in Frisco and the Roaring Fork Valley. Pending verification of some detailed contractual language, we recommend awarding the project to Condon Construction, Inc. Please contact me if you have any questions or comments with the above. Very truly yours, LEON~RD RICE CONSULTING WATER ENGINEERS, INC. U 1 L f~ ~ U U r~m v I < - A.J. 'Za ia, Jr. Associate AJZ/llb 980AWT02B cc: 1/'brry Ballenger ,<*)\ Water Rights 670.,18\ Ground Water (:V A 4:1 Civil Design and Construction Water Resources Planning ../ . PROPOSAL TO: CITY OF ASPEN WATER DEPARTMENT ASPEN MOUNTAIN TANK DRAINLINE ITEM/WORK OR MATERIAL QUANTITY/UNIT PRICE AMOUNT 1. Total compensation to provide full 16 hours @ compliment of required labor, (words) equipment, and miscellaneous materials to perform explanatory excavation for pipe, snowmaking, ($ ) Per hour electrical, gas, telephone and telemetry locations including $ unclassified excavation, compacted backfill to 95% Standard Proctor, bedding material for exposed pipe or utility, and all miscellaneous work. 2. Furnish and install precast 5' diameter 2 EA. @ manholes with poured in place bases (words) using #4 Grade 60 steel reinforcement 4000# concrete, 8" minimum below pipe inverts, 0 above, M.A. ($ ) Per EA. $ Industries PS-2 PF steps, 24" ring and cover, "Ram Nek", unclassified excavation, 114" rock under base, compacted select backfill to 95% Standard Proctor, complete in place with stubbed in pipes ready for use. 3. Furnish and install 12" class 50 DIP 800 L.F.@ with select native bedding a minimum (words) of 6' of cover, along a route to be determined in the field by the Engineer, including unclassified ($ ) Per LF. $ excavation, compacted backfill to 95% Standard Proctor, complete in place. .Al leonard Rice Consulting Water Engineers, Inc. 1 980AWT028 - September 16, 1994 LV . -- -~r.W#......./.tr- PROPOSAL TO: CITY OF ASPEN WATER DEPARTMENT ASPEN MOUNTAIN TANK DRAINLINE ITEM/WORK OR MATERIAL QUANTITY/UNIT PRICE AMOUNT 4. Furnish and install 12" 1114' & 221/&0 8 EA. @ M.J.C.I. bends with megalugs at (words) locations determined in the field by the Engineer, including unclassified excavation, select native bedding, ($ ) Per EA. $ compacted backfill to 95% Standard Proctor, complete in place. 5. Total compensation to tie into existing Lump Sum @ 12" DIP tank drainline at exposed (words) location including a minimum of two 12" MJ bends with megalugs to adjust alignment, unclassified excavation, ($ ) Per L.S. $ select native bedding, compacted native backfill to 95% Standard Proctor, complete in place to connect to 12" drainline. 6. Total compensation to tie into existing Lump Sum @ reinforced concrete inlet at east (words) entrance of Mountain Road by core drilling or breaking in with jackhammer, grouting pipe with non- ($ ) Per L.S. $ shrink mortar, unclassified excavation, compacted native backfill to 95% Standard Proctor, complete in place and ready for use. ,+1 leonard Rice Consulting Water Engineers, Inc. 2 980AW'ImB - September 16, 1994 LV- - -- PROPOSAL TO: CITY OF ASPEN WATER DEPARTMENT ASPEN MOUNTAIN TANK DRAINLINE ITEM/WORK OR MATERIAL QUANTITY/UNIT PRICE AMOUNT 7. Total compensation to replace 15' of Lump Sum @ 8" PVC between two existing (words) manholes at the base of the Little Nell ski slope with 12" SDR-26 PVC pipe including unclassified excavation, ($ ) Per L.S. $ select native bedding, compacted native backfill to 95% Standard Proctor, removing existing 80, furnish and installing new 12", grouting pipe inplace with nonshrink grout, clean up, complete in place. 8. Total compensation to extend existing 150 L.F. @ 6" PVC and 12" CMP drain lines to a (words) collection point determined by the Engineer including connecting to existing pipe with appropriate fittings, ($ ) Per LE $ extending pipes to manholes prior to pouring manhole bases, unclassified excavation, select native bedding, compacted native backfill, complete inplace. 9. Total compensation for mobilization Lump Sum @ to and from site, setup, storage, (words) staging, and all miscellaneous costs and charges. - ($ ) Per L.S. $ TOTAL FOR TRUNK DRAINLINE CITY OF ASPEN WATER DEPARTMENT Items 1-9 The undersigned hereby proposes and agrees that he will complete all the work described in the above Proposal, complete in place and ready for operation by October 15, 1994. CONTRACTOR BY D ate r~ leonard Rice Consulting Water Engineers, Inc. 3 980AWT028 - September 16, 1994 CONDON CONSTRUCTION PAGE 02 mi==- 09/20/94 12:09 3039638013 . 1 PROPOSAL TO: CITY OF ASPEN WATER DEPARTMENT ASPEN MOUNTAIN TANK DRAINLINE ITEM/WORK OR MATERIAL QUANTITY/UNIT PRICE AMOUNT 1. Total compensation to provide full 16 hours @ -lLc L,J,eol compliment of required labor, 1 I, (words) equipment, and miscellaneous 610[la/-5 materials to perform explanatory excavation for pipe, snowmaking, ($ 200.00 ) Per hour electrical, gas, telephone and telemetry locations including $ 3,1 00,00 unclassified excavation, compacted backfill to 95% Standard Proctor, bedding material for exposed pipe or utility, and all miscellaneous work. 2. Furnish and install precast 5' diameter 2 EA. @ Five, Tkous...1 manholes with poured in place bases a , (words) using #4 Grade 60 steel reinforcement 06#arg 4000# concrete, 8 minimum below pipe inverts, 6" above, M.A. ($ ~ soo,00) Per EA. $ 10,000•00 Industries PS-2 PF steps, 24" ring and cover, "Ram Nek", unclassified excavation, 13" rock under base, compacted selec{ backfill to 95% Standard Proctor, complete in place with stubbed in pipes ready for use. 3. Furnish and install 12" class 50 DIP 800 L.F.@ RfTV f:¥c with select native bedding a minimum (worns of 6' of cover, along a route to be d•16,5 s eve.Ty'·Five. ce.2% determined in [he field by the Engineer, including unclassified ($055; 75 ) Per LF. $ 41 Gao.oo excavation, compacted backfill to 95% Standard Proctor, complete in place. A-\ leonard Rice Consulting Walef Engineers, Inc. LV 1 980Awl-028 - September 16. 1994 09/20/94 12:09 3039638013 CONDON CONSTRUelluN MAL=t= 10=1 PROPOSAL TO: CITY OF ASPEN WATER DEPARTMENT ASPEN MOUNTAIN TANK DRAINLINE ITEM/WORK OR MATERIAL OUANTITY/UNIT PRICE AMOUNT 4. Furnish and install 12* 1114' & 2214© 8 EA. @ Four L.JA M.J.C.I. bends with megalugs at (words) locations determined in the field by el•h•rS the Engineer, including unclassified excavation, select native bedding, ($1®.00) Per EA. $31 1 00.00 compacted backfill to 95% Standard Proctor, complete in place. 5- Total compensation to tie into existing Lump Sum @ *674•45.5,1 12" DIP tank drainline a[ exposed (words) location including a minimum of two 111 4( 11-dre,A TI~ret &46,·s 12" MJ bends with megalugs to adj USt alignment, unclassified excavation, ($003.00) Per LS. $ 1,903.09 select native bedding, compacted native backfill to 95% Standard Proctor, complete in place to connect to 12" drainline. 6. Total compensation to tie into existing Lump Sum @ ·Et; LJ- 1,»wird reinforced concrete inle[ at east (words) entrance of Mountain Road by core 06/6~5 drilling or breaking in with jackhammer, grouting pipe with non- CS *0 ) per L.S. $ 800,00 shrink mortar, unclassified excavation, compacted native backfill to 95% Standard Proctor, complete in place and ready for use. *Ar-\ Leonard Rice Consulting Waler Engineers. Inc, 2 980AWTO.8 - September 16.1944 LV- - 'r-:**r.·=- -. PAGE 04 09/20/94 12:09 3039638013 CONDON CONSTRUCTION . f- - PROPOSAL TO: CITY OF ASPEN WATER DEPARTMENT ASPEN MOUNTAIN TANK DRAINLINE ITEM/WORK OR MATERIAL QUANTITY/UNIT PRICE AMOUNT 7. Total compensation to replace 15' of Lump Sum @Twel-hA 94 g" PVC between [wo existing (words) manholes at the base of the Little Net! Tkfie. L~,v.Jrd' e;.41~ 06#ars ski slope with 12" SDR-26 PVC pipe including unclassified excavation, ($436(400) Per LS. $ 2,360 -00 select native bedding, compacted native backfill to 95% Standard Proctor, removing existing 8% furnish and installing new 12", grouting pipe inplace with nonshrink grout, clean up, complete in place. 8. Total compensation to extend existing 150 LE (ED "T.Wh.Jr .~W€ 6" PVC and 12" CMP drain lines to a (words) collection point determined by the ~0~arl Engineer including connecting to existing pipe with appropriate fittings, (S 25.00) Per L F. $ 3 -158. 00 extending pipes to manholes prior to pouring manhole bases, unclassified excavation, select native bedding, compacted native backfill, complete inplace. 9. Total compensation for mobilization Lump Sum @ 0-£- to and from site, setup, storage, (words) staging, and all miscellaneous costs TLows.,.0,4 40 4,r-9 and charges. ($ 1,000*») Per LS. $ 1, DC)O. 00 TOTAL FOR TRUNK DRAINLINE CITY OF ASPEN WATER DEPARTMENT '2«02=f- Items 1-9 5 70, gil.00 :'17-1· 0 '01 .. The undersigned hereby proposes and agrees that he will complete all the work de{¢t*df.·int.thes ,9 b- H above Proposal, complete in place and ready for operation by October 15,1994, % f' CONT RACTORCer.to.Conslk#co,/.,a:4¢BY ,¢~~064561*oate q/2.0/4 + *·¥\ Leonald Rice Consulling Water Engineers. Inc. 3 9S0AJVT[n B - Sapicmber 16. 1994 - SEP-19-94 MON 14:42 K.R.SWERDFEGER CONST. P.02 . C. 7, SEP 1 0 '94 10: 48AM L I 1.1 E r.6 PROPOSAL TO: CITY OF ASPEN WATER DEPARTMENT ASPEN MOUNTAIN TANK DRAINLINE ITEM/WORK OR MATERIAL OUANTrrY/UNIT PRICE AMOUNT 1. Total compensation to provide full 16 hours @€3¥ A 00- compliment of required labor. A 1 1 -(words) equipment, and miscellaneous 311\Nfl)Ofti· fV~AfS- materials to perform explanatory 00 excavation for pipe, snowmaking, (S.20(¥-3 Per hour electrical, gas, telephone and 11.-4--92- telemetry locations including $.N,W-GEL unclassified excavation, compacced backfill to 95% Standard Proctor, bedding material for exposed pipe or utility, and all miscellaneous work. 2. Furnish and install precast 5' diameter 2 EX (~ maoholes with poured in place bases 0 - (Word#) ...4 ' using #4 Grade 60 steel reinforcement *14--31*Wd/¥14*" 7>dlg- 4000# concrete, 8' minimum below U 00 00 pipe inverts, 60 above, MA ($4203-hr EA. r-*-L.UU- Industries PS-2 PF steps, 240 ring and cover, "Ram Nek", unclassified excavation, 144' rock under base, compacted select backfill to 95% Standard Proctor, complete in place with stubbed in pipes ready for use. 3. Furnish and install 12' class 50 DIP 800 LF.40@Ho,/, / AA- 9,10 with select native bedding a minimum urri r<dAw.org~&Fj-Iza* of 6' of cover. along a fOute tO be 487*RS - determined in the field by the Engineer, including unclassified ($ 44€~ Per LE $=%,UX)- excavation, compacted backfill to 95% Standard Proctor, complete in place. ~~ Leonard Rice Consullng Wate, EngincErt k 1 960AW].023. Sept catber 14 1994 SEP-19-94 MON 14:43 K.R.SWERDFEGER CONS T. ·30 P.03 . SEP 16 -94 10:48AM L R l E P.3 PROPOSAL TO: CITY OF ASPEN WATER DEPARTMENT ASPEN MOUNTAIN TANK DRAINLINE ITEM/WORK OR MATERIAL OUANTITY/UNIT PRICE AMOUNT 4. Furnish and install 120 11&4° & 2241° 8 EA. @Al{:iM·=.mt,1*Ukf M.J.CL bends with megalugs at #0-0- ,(*Ords) locations determined in the field by *f ~/~7© € the Engineer, including unclassified 00 00 excavation, select native bedding, ($ 4/)01 Per EA , -3#Co- compacted backfill to 95% Standard Proctor, complete in place. 5. Total compensation to tie into existing Lump Sum *~!14- 12' DIP tank draioline at exposed A (worbig) Al-/ location including a minimum of two -ZiN!-10¢lkfIA44-,F~V/AS-- 12* MJ bends with megalugs to adjust a alignment, unclassified excavation, ($4/Ym Per LS. select native bedding, compacted native backfill to 95% Standard Proctor, complete in place to connect to 12" drainlina 6. Total compensation to tie into existing Lump Sum (*J~|A}4'7 reinforced concrete lolet at cast AA_ (92*) 41·rf entrance of Mountain Road by core -EFUNIORAi 00."-pm?s;- drilling or breaking lo with 00 jackhammer, grouting pipe with non- (S€~000~Fer LS. $5>00(t- shrink mortar, unclassified excavation, compacted native backfill to 95% Standard Proctor, complete in place and ready for use ~A~ leonard ke Cons,ng Wain Ingingmk 2 980AWI'023 - Septe=60, 16. 1994 .- SEP-19-94 MON 14:43 K.R.SWERDFEGER CONST. P.04 SEP 16 94 10:49AM L R 1 E f F.4 . PROPOSAL TO: CITY OF ASPEN WATER DEPARTMENT ASPEN MOUNTAIN TANK DRAINLINE ITEM/WORK OR MATERIAL OUANTITY/UNIT PRICE AMOUNT 7. Total compensation to replace 15' of Lump Sum (@~A)RIA - 80 PVC between two existing (Wordil .4/nr-/ manholes at the base of the Little Nell -EKNU:Ort/wei" ski slope with 12' SDR·26 PVC pipe 00- CO including unclassified excavation, (S.gOM-T-Per LS. % 9,Our- select native bedding, compacted native backfill to 95% Standard Proctor, removing existing 8", furnish and installing new 120, growting pipe inplace with nonshrink grout, clean upi complete in place. 8. Total compensation to extend existing 150 LE 02;~10~ 60 PVC and 120 CMP drain lines to a na-1 ~ c (wortls)-- U collection point determined by the »"7/N S Engineer including connecting to A -000 existing pipe with appropriate 6ttings, , (scit)03 Per LF. $31 950?0 extending pipes to manholcs prior to pouring manhole bases, unclassified excavation, seject native bedding, compacted native backfill, complete inplace. 9. Total compensation for mobilization Lump Sum @cqAM.4 - to and from site, setup, storage, AL (worfs> 69/ staging, and all miscellaneous costs CUMLM/xf'K»1'3~0~$=- and charges. 00 (*ES Per LS. $26,(IX) 7 TOTAL FOR TRUNK DRAINLINE CrrY OF ASPEN WATER DEPARTMENT 00 Items 1-9 s %958-7 -)*rE :. 14(1444 385 1. pmUU 44 0,Op»SRO do.42 . 911 4 1/ The undersigned hereby proposes and agrees that he wlti complete all the work described in th& ' above Proposal, complete in place and rcady for operation by October< ~4~. ~~ u - - Ak - - . A .1 Fal ~IL . - X ~-R - CONTRACTOR,££D&£0¥#*4¤48*290*0- )56(8*D. Date - 1-1 9202- ~~ Leonaal Rice CD,mumng Watef Engincem, ha 3 HOAWIMB - Saptember 16. 1994 19941007/1429180 /9267 /055 CERTIFICATE OF INSURANC. issued by the COLORADO COMPENSATION INSURANCE AUTHORITY 720 South Colorado Blvd, Denver, Colorado 80222, (303) 782-4000 MAIL TO: CERTIFICATE HOLDER: TOWN OF ASPEN TOWN OF ASPEN 130 S GALENA ST 130 S GALENA ST ASPEN CO 81611 ASPEN CO 81611 TO WHOM IT MAY CONCERN: This is to certify that this company has issued a Standard Workers' Compensation and Employers' Liability Policy as described below covering the liability imposed upon subject employers by the Workers' Compensation Act of Colorado, said policy being in good standing as of this date. POLICY NUMBER: 142918-0 10/08/1994 BROKER OF RECORD: G24775 POLICY PERIOD: 10/01/1994 TO 10/01/1995 LINDEN COMPANY 2000 SOUTH COLORADO BLVD INSURED: AJI FENCE LTD STE 4000 DENVER CO 80222-7911 909 E 68TH AVE DENVER , CO 80229 (303) 7564700 ORIGINAL EFFECTIVE DATE: 10/07/1982 IMPORTANT: THE COVERAGE DESCRIBED ABOVE IS IN EFFECT AS OF THE ISSUE DATE OF THIS CERTIFICATE IT IS SUBJECT TO CHANGE AT ANY TIME IN THE FUTURE. All policies are subject to the following provision of the Workers' Compensation Act with respect to cancellation: The issuance of this certificate of insurance is subject to section 8-44-110 C.R.S. which requires that a thirty (30) day notice of cancellation be given unless cancellation is based on fraud, material misrepresentation, nonpayment of premium or any other reason approved by the Commissioner of Insurance; in such instances, CCIA will provide a ten day notice of cancellation. Alteration of this document is a criminal offense pursuant to Colorado Criminal Code 18-5-102: "A person commits forgery, if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: . . . a commercial instrument. . 7 Holders of this certificate may contact our Customer Service Department at 782-4000 to verify coverage for the working classification listed on the back of this certificate. (**SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL**) PAM LATTA C.A.U. REP I (303) 782-4448 UPDATED 10/94 P26701 19941007/1429180 /7267 /033 BUSINESS LOCATION: AJI , E LTD CLASSIFICATION OF OPERATION CLASS DESCRIPTION 05403 05 CARPENTRY N.O,C. Coverage - eff: 10/01/1994 exp: 10/01/1995 rating type EM 06400 05 FENCE ERECT-METAL Coverage - eff: 10/01/1994 exp: 10/01/1995 rating type EM 08742 05 OUTSIDE SALESMEN Coverage - eff: 10/01/1994 exp: 10/01/1994 rating type EM FRED GARLIECH INCL 08810 05 EXCLUSIVELY OFFICE Coverage - eff: 10/01/1994 exp: 10/01/1995 rating type CO DENNIS JASPER VICE PRESIDENT INCL 08742 05 OUTSIDE SALESMEN Coverage - eff: 10/01/1994 exp: 10/01/1995 rating type CO UPDATED 7/94 P26702 1 1 1 CONTRACT THIS CONTRACT, made and entered into this 2 1 day of€epl- , 151~* by and between the City of Aspen , hereinafter in the Contract Documents called the "Owner", and Condon Construction, Inc. (1) A Corporation organized and existing under the laws of the State of Colorado (2) A Partnership consisting of (3) An individual trading as , of the City and State of hereinafter in the Contract Documents called the "Contractor". WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 STATEMENT OF WORK: For and in consideration of the unit and/or lump sum prices for the various items of work as set forth in the Bid and Proposal heretofore submitted by the Contractor, said Contractor shall furnish all necessary business administration, superintendence, labor, equipment and material, and perform complete and deliver to the Owner, to the Owner's satisfaction, under the direction of the Engineer, free from all liens, claims and demands of any kind for material, equipment, supplies, services, labor taxes and damage to property or persons, in full compliance with the Contract Documents and in strict accordance with the terms thereof, all of which are made a part hereof by reference herein, are designated as follows: (a) Notice to Bidders (b) Instructions to Bidders and Bidder's Representation(s) (c) Bid Bond Form (CD Performance, Payment and Maintenance Bond (e) Contract (f) Certificate of Incorporation (g) Notice of Award (h) Notice to Proceed (i) Proposal 0) Drawings (k) General Specifications and Special Specifications (1) Addenda (See Proposal) (m) Certificates of Insurance The above named Documents shall be binding and effective and form a part hereof as if attached hereto or fully set out herein, and each detail shall be equally binding whether it appears in one, some, or all of the Contract Documents. H-5 September 20, 1994 - 980AWT02B Af) Leonard Rice Consulting Water Engineers, Inc. 91'- 0-- - - - - 4 ARTICLE 2 PERFORMANCE, PAYMENT AND MAINTENANCE BOND: The Contractor of the second part furnishes concurrently herewith a Performance, Payment and Maintenance Bond in the amount of the total Contract price, as required by the Contract Documents, such Bond being attached hereto. The Performance, Payment and Maintenance Bond shall guarantee all material and workmanship furnished by the Contractor for a period of two (2) years after the date of final inspection and acceptance by the Owner. ARTICLE 3 TIME OF COMPLETION: The Contractor shall proceed with due diligence and care and shall maintain the necessary men, materials and equipment on the job to complete the work on time. Delivery of all materials shall be complete in accordance with the Contract Documents within 10 calendar days from the date of the Notice to Proceed, and liquidated damages not {13 a penalty the sum of Five hundred and 00/xx Dollars ($ 500.00) per day will bc deducted from the amount clue the Contractor *-for the performance of the Contract for each day thereafter which is required to complete the work called for by the Contract due to the impossibility of determining the actual damages for delay. Extension of the completion date will be allowed only in accordance with provisions of the Contract Documents. ARTICLE 4 COST OF CONSTRUCTION: The Contractor agrees to complete the work shown and described in the Proposal which consists of Schedule Nos. 1 for the City of Aspen Water Department Aspen Mountain Tank Drainline , Specifications No. 980AWT02B for a *ime-aed-metefint sum not to exceed Seventy-thousand eight-hundred thirteen and 00/xx---------------Dollars ($ 70,813.00 ).* Payment of this sum shall be made in monthly installments based on the Engineer's Estimate of the amount and value of the work completed during the month in accordance with the specifications and the final payment shall be made by the Owner to the contractor after delivery and acceptance by the Engineer and thirty days of advertisement of final acceptance. ARTICLE 5 ASSIGNMENT: Contractor shall not at any time assign any interest in the contract or the other Contract Documents to any person or entity without the prior written consent of the Owner. The terms of this Contract shall inure to and be binding upon the successors and assigns of the parties hereto. ARTICLE 6 AMENDMENT: The Contract may be amended from time to time by written agreement between the parties hereto. No amendment, modification or alteration of the Contract shall be binding upon the parties hereto unless the same is in writing and approved by the duly authorized representatives of each parti, hereto. * See alkCLI lelter sULj Ce-MoL C,Jrl.,le~~[i 0.1,Inc.~ 5 exc lus ;0•15 ot.Jed 9/2 i /9 + II-5 September 20, 1994 - 980AWII)2B ,·¥1 Leonard Rice Consulting Water Engineers, Inc. 41' & - 4 .. ARTICLE 7 SEVERABILITY: In any term, section or other provision of the Contract shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such terms, section or other provision shall not affect any of the remaining provisions of this Contract. ARTICLE 8 WAIVER: No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver or any other rights, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. ARTICLE 9 REMEDIES: None of the remedies provided to either party under this Contract shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party may then be entitled. Every obligation assumed by, or imposed upon, either party hereto shall be enforceable by any appropriate action, petition or proceeding at law or in equity. In addition to any other remedies provided by law, this Contract shall be specifically enforceable by either party. The Contract shall be construed in accordance with the laws of the State of Colorado, and particularly those relating to governmental contracts. ARTICLE 10 COUNTERPARTS: This Contract may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. ARTICLE 11 ENTIRETY: This Contract constitutes the entire agreement between the parties concerning the subject matter herein, and all prior negotiations, representations, contracts, understandings or agreements pertaining to such matters are merged into, and superseded by, this Contract. II - 5 September 20, 1994 - 980AWT02B ,+····. Leonard Rice Consulting Water Engineers, Inc. LV.----- - 0\ .. ARTICLE 12 COMPLIANCE WITH ASPEN PROCUREMENT CODE: This agreement 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 agreement shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Municipal Code, including the approval requirements of Section 3-11. This agreement shall not be binding upon the Owner unless duly executed by City Manager or the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. IN WITNESS WHEREOF, the parties hereto have executed this contract in three (3) counterparts, as gthis day and year hereinabove set forth. 2 0/1 - -- 7- ¥ (SEA Of:0 - ..>' a L. enolon 60&45/,Ix C l io,1,321<. CONTRACTOR O\ C W. f... 92:~ COLOft.· 0 ATTEST: By: ~-,#~ L7- Cut« B y~1*:94&4-,Res«»«i/' Title: Geer e- 'CAY (SEAL) OWNER ATTEST: By: By: Title: Title: NOTE: Certification of Incorporation shall be executed if Contractor is a Corporation. H-5 September 20, 1994 - 980AWT02B 0+····. Leonard Rice Consulting Water Engineers, Inc. LV - - -\0 ./ • . % I - 21- Condon Construction, Inc. .1 1,1/6 J~ · ·· -f , -. r 1 ' . ' ..... . 4 , 1.'' 1 . .If> . ' : & 1 1 l_. ,- . 4· d a f EXCLUSION LETTER - 9 / 1 . i 4.. V , 1% . 1 , 0 Date: September, 21, 1994. 7_~ ~ '»4 'i- ' I 4 . To: City of Aspen Re: Exclusions to the City of Aspen Water Department Aspen Mountain , f Tank Drainline~ Contract dated september 21, 1994. The attached contract with the "sum not exceed" =amount of $70,813.00 does not include: , 1) Rock excavation of rock larger than 3'. 2) Re-vegitation. 3) De-watering„ 2'- ''Of 4 ~. [ . , 4 / 1 ~ , 1 / - --1 1 3 1 L I ./4- RO. Box 208 • Carbondale, Colorado 81623 • (303) 963-9577 • Fax (303) 963-8013 -1 6 , - .H-·.I \ / C/4'. 3 - /..1--4\\1\ 1 1 1/ V. 1 / f :\/ lrht , 7 I ' · STATEOF COLORADO 1 7 7 ~ . C O j .9 DEPARTMENT OF STATE CERTIFICATE I, NATALIE MEYER, SecretarY of State of the State of Colorado herebY certifY that the prerequisites for the issuance of this certificate have been fulfilled in compli- ance with law and are found to conform to law. Accordingly, the undersigned, by virtue of the authority vested in me bY law, hereby issues A CERTIFICATE OF INCORPORATION TO CONDON CONSTRUCTION, INC. Dated: JULY 20, 1993 4-- /1 \ \ SECRETARY OF STAT~>00' 1 \5- ARTICLE 2 PERFORMANCE, PAYMENT AND MAINTENANCE BOND: The Contractor of the second part furnishes coneurreally herewith a Performance, Payment and Maintenance Bond in the amount of the total Contract price, as required by the Contract Documents, such Bond being attached hereto. The Performance, Payment and Maintenance Bond shall guarantee all material and workmanship furnished by the Contractor for a period of two (2) years after the date of final inspection and acceptance by the Owner. ARTICLE 3 TIME OF COMPLETION: The Contractor shall proceed with due diligence and care and shall maintain the necessary men, materials and equipment on the job to complete the work on time. Delivery of all materials shall be complete in accordance with the Contract Documents within 10 calendar days from the date of the Notice to Proceed, and liquidated damages not as a penalty the sum of Five hundred and 00/xx----Dollars ($ 500.00)* per day will be deducted from the amount due the Contractor for the performance of the Contract for each day thereafter which is required to complete the work called for by the Contract due to the impossibility of determining the actual damages for delay. Extension of the completion date will be allowed only in accordance with provisions of the Contract Documents. ARTICLE 4 COST OF CONSTRUCTION: The Contractor agrees to complete the work shown and described in the Proposal which consists of Schedule Nos. 1 for the City of Aspen Water Department Aspen Mountain Tank Drainline , Specifications No. 980AWT02B for a proposal cost not to exceed Seventy-thousand eight-hundred thirteen and 00/xx---------------Dollars ($ 70,813.00 ). Payment of this sum shall be made in monthly installments based on the Engineer's Estimate of the amount and value of the work completed during the month in accordance with the specifications and the final payment shall be made by the Owner to the contractor after delivery and acceptance by the Engineer and thirty days of advertisement of final acceptance. ARTICLE 5 ASSIGNMENT: Contractor shall not at any time assign any interest in the contract or the other Contract Documents to any person or entity without the prior written consent of the Owner. The terms of this Contract shall inure to and be binding upon the successors and assigns of the parties hereto. ARTICLE 6 AMENDMENT: The Contract may be amended from time to time by written agreement between the parties hereto. No amendment, modification or alteration of the Contract shall be binding upon the parties hereto unless the same is in writing and approved by the duly authorized representatives of each party hereto. * Liquidated damages to take effect on October 22, 1994, and every day thereafter until contract is fulfilled. II - 6 September 20, 1994 - 980AWT02B Ati Leonard Rice Consulting Water Engineers, Inc.