HomeMy WebLinkAboutresolution.council.021-13 RESOLUTION #21
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND RUDD CONSTRUCTION, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen and Rudd Construction for Rio Grande Park Restroom
and Pump House, a true and accurate copy of which is attached hereto as Exhibit
«A".
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
for Rio Grande Park Restroom and Pump House between the City of Aspen and
Rudd Construction, a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager to execute said agreement on behalf
of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11th day of March 2013.
Michael C. Ireland, 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, Colorado, at a meeting held March 11, 2013
Kath n S. Koch, City C e`rk
Attachment A
The 011v of Uspen
CONTRACT FOR CONSTRUCTION OitYfimofneYkOlfice
THIS AGREEMENT, made and entered into on March 11, 2013, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and RUDD CONSTRUCTION INC, 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: 2012-151 Rio Grande Park Restroom and
Pump House, 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:
1. 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 FIVE HUNDRED SEVENTY
NINE THOUSAND SEVEN HUNDRED SEVENTEEN ($579,717.00) DOLLARS or as
shown on the BID proposal.
5. 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
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Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
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 terms,
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.
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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.
ATTESTED BY: CITY OFjA PE, , COLORADO
By: C IlT
r
Title:
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By: ,` 17 ----------
City Engineering Department ity Attorney
ATTESTED BY: CONTRACTOR:
By.
Title:" /
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF Cokmz(o )
) SS.
COUNTY OF
On this day of F , 20 13 , before me appeared
Pr 5v, to me personally known, who,
being by me first-iluly sworn, did say that s/he is Presideirl of
ra
Qu u COKS+ a-1-'ion--&z • and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
Notary Public
OF
a
e
Address
My commission expires: 3,11—t4
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BID PROPOSAL FORM: REVISED JANUARY 31, 2013
Project No. : 2012-151
BID DATE: February 15, 2013
PROJECT: Rio Grande Park Restroom& Pumphouse
PROPOSAL SUBMITTED BY: Rudd Construction,Inc.
CONTRACTOR
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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 the terms and conditions of the advertisement for bid, the invitation to bid
and request for bid, all the requirements of the bid documents 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 Sixth (60) consecutive 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 Parks Department,which also constitutes the Notice to Proceed. Submission of this
proposal will be taken by the City of Aspen as a binding covenant that the Contractor 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 shall 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 costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection 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 workmanship 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
estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The
basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees
to make no claims for damages, anticipated profit,or otherwise on account of any differences between the
amount of work actually performed and materials actually furnished and the estimated amount of work.
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BID PROPOSAL FORM: REVISED JANUARY 31, 2013
Project No. : 2012-151
BID DATE: February 15, 2013
PROJECT: Rio Grande Park Restroom&Pumphouse
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PROPOSAL SUBMITTED BY: Rudd Construction,Inc.
CONTRACTOR
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 the terms and conditions of the advertisement for bid, the invitation to bid
and request for bid,all the requirements of the bid documents 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 Sixty (60) consecutive 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 Parks Department, which also constitutes the Notice to Proceed. Submission of this
proposal will be taken by the City of Aspen as a binding covenant that the Contractor 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.
i The City shall 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 costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection 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.
I
Poor quality and workmanship 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
estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The
basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees
to make no claims for damages, anticipated profit, or otherwise on account of any differences between the
amount of work actually performed and materials actually furnished and the estimated amount of work.
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The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid
junit price and up to plus or minus Twenty Five(25)Percent of the total bid.
I hereby acknowledge receipt of ADDENDUM(s) numbered 1 through 4 and memorandum supplement 1-
3.
ESTIMATED 0UANTITYLIST (BASE BID Rio Grande Restroom)
UNIT TOTAL
BID ITEM DESCRIPTION UNII QUANTITY PRICE COST
GENERAL CONDITIONS:
SUPERVISION LS 1 $4,560 $4,560
INSPECTION TESTING LS 1 $0 $0
SANITARY FACILITIES EA 6 $125 $125
TEMP HEAT&TENTING LS 1 $200 $200
CRANE OR BOOM TRUCK LS 1 $500 $500
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PROGRESS CLEAN/MISCLABOR LS 1 $2,160 $2,160
FINAL CLEAN LS 1 $600 $600
TRASH REMOVAL/DUMPSTERS LS 1 $3,600 $3,600
PROTECTING INSTALLED CONSTRUCTION LS 1 $550 $550
OTHER_Project Management,pickup,other misc,jobsite costs ALLOW I $10,795 $10,795
SITE WORK:
MOBILIZATION&SITE PREP LS 1 $200 $200
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SITE MAINTENANCE LS 1 $160 $160
CONCRETE SLAB PREP(5"PROFILE%"CRUSHED ROCK) SF 291 $2.86 $832.26
j DRAINAGE (4"PVC BASEMENT DRAIN LINE) LS 1 $843.04 $843.04
i %"WATER SERVICE-COMPLETE W/WATER METER LS 1 $6628.10 $6628.10
OTHER_Electrical feed to bridge trenching and conduit install ALLOW 1 $778.68 $778.68
CONCRETE:
FOUNDATION LS 1 $35,150 $35,150
i FLATWORK(4"COLORED-DAVIS`SAN DIEGO BUFF') SF 291 $9.00 $2,619
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STEPS(COLORED-DAVIS`SAN DIEGO BUFF') LF 28 $60.00 $1,680
OTHER ALLOW 1 $0 $0
STEEL:
STRUCTURAL ALLOWANCE LS 1 $20,500 $20,500
j STAIR 102 FRAME&TREAD EA 1 $8,250 $8,250
TRINITY GABION WALL FRAME MATERIAL SF 1,340 $17.48 $23,423.20
TRINITY GABION WALLS INSTALL SF 1,340 $20.92 $28,032.80
WINDOW FRAMES EA 13 $410 $5,330
MISC.STEEL ASSEMBLIES LS 1 $8,679 $8,679
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V4"STAINLESS STEEL COUNTERTOPS LS 1 $4,360 $4,360
OTHER ALLOW 1 $0 $0
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WOOD&PLASTICS:
FRAMING LS 1 $3,360 $3,360
FRAMING MATERIAL LS 1 $4,923 $4,923
INTERIOR DOOR LABOR EA 1 $75 $75
EXTERIOR DOOR LABOR EA 3 $95 $285
THERMAL/MOISTURE:
! INSULATION LS 1 $7,354 $7,354
FOUNDATION WATERPROOFING LS 1 $5,870 $5,870
CORRUGATED ROOFING LS 1 $3,138 $3,138
RUSTED STANDING SEAM ROOFING LS 1 $11,463 $11,463
RAIN CHAIN LF 22.5 $49 $1,108
TRINITY GABION WALL WATERPROOFING LS 1 $2,035 $2,035
`DOG TROT'WATERPROOFING LS 1 $3,080 $3,080
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OTHER ALLOW 1 $0 $0
DOORS& WINDOWS.
INTERIOR DOORS EA 1 $726 $726
EXTERIOR METAL DOORS EA 3 $875 $2,625
BIPV GLASS ROOF PANELS(KREUTZMAN PRODUCT) LS 1 $29,180 $29,180
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DOOR HARDWARE LS 1 $530 $530
WINDOWS(1"TEMPERED INSULATED) LS 1 $1,971 $1,971
MIRRORS LS 1 $847 $847
OTHER ALLOW 1 $0 $0
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FINISHES:
DRYWALL CEILING&WALLS LS 1 $6,543 $6,543
WALL TILE LS 1 $20,678 $20,678
TARRAZZO FLOOR (TERRAZZIO PRODUCT)(6-8•WEEK LEAD) SF 376 $35.95 $13,517.20
PAINT LS 1 $10,380 $10,380
OTHER ALLOW 1 $0 $0
SPECIALTIES:
TOILET COMPARTMENTS/ACCESSORIES LS 1 $9,903 $9,903
SIGNS(MEN/WOMEN) EA 2 $50 $50
OTHER ALLOW 1 $0 $0
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EQUIPMENT..
EQUIPMENT LS 1 $0 $0
SPECIAL CONSTRUCTION:
FIRE ALARM SYSTEM LS 1 $0 $0
OTHER ALLOW 1 $0 $0
MECHANICAL:
PLUMBING&HEATING LS 1 $56,4I4 $56,414
COMPOSTABLE TOILET SYSTEM+FIXTURES INSTALLATION LS 1 $16,409 $16,409
GRAY WATER SYSTEM INSTALLATION LS 1 $5,859 $5,859
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OTHER ALLOW 1 $0 $0
ELECTRICAL:
200A SERVICE FROM EXISTING 208V TRANSFORMER EA 1 $7,516.3 $7,516.33
ELECTRICAL FIXTURES EA 1 $11,814 $11,814
ELECTRICAL FIXTURES LABOR LS 1 $16,415 $16,415
OTHER_Contractors fee,insurance,employee benefits,bond etc ALLOW 1 $45,757 $45,757
s
TOTAL RIO GRANDE RESTROOM BASE BID IN NUMBERS:$471,548
TOTAL RIO GRANDE RESTROOM BASE BID IN WORDS:
Four hundred seventy one thousand five hundred forty eight
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ESTIMATED 0UANTITYLIST (ADDED ALTERNATE #3—
Rio Grande Restroom Building
UNIT TOTAL
j BID ITEM DESCRIPTION UNIT QUANTITY PRICE COST
PERMEABLE PAVER SUPPLY&INSTALLATION SF 354 $8.53 $3,019.62
(BASALITE SPEC PAVE 100-`VENICE FLAT')
PERMEABLE PAVER SUB-BASE PREP SF 354 $3.5 $1,239
TOTAL RIO GRANDE RESTROOM ADD ALTERNATE#3 BID IN NUMBERS: 54,258.62
TOTAL RIO GRANDE RESTROOM ADD ALTNERNATE#3 BID IN WORDS:
_Four thousand two hundred fifty eight and 62/100
ESTIMATED OUANTITYLIST BASE BID Rio Grande
Pumphouse)
TIlVIT TOTAL
BID ITEM DESCRIPTION TAT QUANTITY PRICE CO-ST
GENERAL CONDITIONS:
SUPERVISION LS 1 $3,800 $3,800
INSPECTION TESTING LS 1 $0 $0
TEMP HEAT&TENTING LS 1 $0 $0
PROGRESS CLEAN/MISC LABOR LS 1 $800 $800
FINAL CLEAN LS 1 $350 $350
TRASH REMOVAL/DUMPSTERS LS 1 $1,800 $1,800
PROTECTING INSTALLED CONSTRUCTION LS 1 $250 $250
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OTHER Project Manager and site costs ALLOW 1 $1,900 $1,900
SITE WORK:
MOBILIZATION&SITE PREP LS 1 $110 $110
SITE MAINTENANCE LS 1 $160 $160
CONCRETE SLAB PREP(6"PROFILE,4" %"CRUSHED ROCK) SF 265 $2.86 $757.90
DRAINAGE LS 1 $0 $0
OTHER ALLOW 1 $0 $0
CONCRETE:
FOUNDATION SLAB WITHICKENED EDGE LS 1 $5,035 $5,035
STRUCTURAL WALLS LS 1 $6,932 $6,932
ROOF SLAB LS 1 $5,023 $5,023
OTHER ALLOW 1 $0 $0
STEEL:
STRUCTURAL ALLOWANCE LS 1 $12,256 $12,256
MISC.STEEL ASSEMBLIES LS 1 $0 $0
EXTERIOR%"STEEL PL.FINISH SF 543 $17.80 $9,665.40
EXTERIOR 118"STEEL FINISH SF 83 $14.80 $1,269.90
OTHER ALLOW 1 $0 $0
WOOD&PLASTICS:
FRAMING LS 1 $0 $0
FRAMING MATERIAL LS 1 $0 $0
EXTERIOR DOOR LABOR LS 1 $95 $95
OTHER ALLOW 1 $0 $0
THERMAL/MOISTURE:
INSULATION LS 1 $3,507 $3,507
STRUCTURAL WALLS WATERPROOFING LS 1 $1,864 $1,864
OTHER ALLOW 1 $0 $0
DOORS& WINDOWS:
EXTERIOR METAL DOORS EA 1 $840 $840
OVERHEAD GARAGE DOOR EA 1 $2,973 $2,972.99
DOOR HARDWARE LS 1 $135 $135
OTHER ALLOW 1 $0 $0
FINISHES:
PST LS 1 $600 $600
OTHER ALLOW 1 $0 $0
SPECIALTIES.
OTHER _ ALLOW 1 $0 $0
SPECIAL CONSTRUCTION:
GREEN ROOF ASSEMBLY(WATERPROOF MEMBRANE TO FILTER LS 1 $19,468 $19,468
FABRIC)
GREEN ROOF GROWING MEDIA SUPPLY LS I $above $above
GREEN ROOF GROWING MEDIA INSTALL LS I $above $above
1 OTHER ALLOW 1 $0 $0
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MECHANICAL:
ELECTRICAL HEAT SYSTEM(MAINTAIN 50 DEG.F.) LS 1 $1,100 $1,100
VENTILATION SYSTEM(MINIMUM 750 CFM) LS 1 $4,770 $4,770
OTHER ALLOW 1 $0 $0
ELECTRICAL:
100A SERVICE FROM EXISTING 480V TRANSFORMER LS 1 $5,137 $5,137
ELECTRICAL FIXTURES LS 1 $575 $575
ELECTRICAL FIXTURES LABOR LS 1 $2,942.7 $2,942.70
OTHER_Contractors fee,insurance,employee benefits,bond etc. ALLOW 1 $14,054 $14,054
TOTAL RIO GRANDE PUMPHOUSE BASE BID IN NUMBERS:$108,169
TOTAL RIO GRANDE PUMPHOUSE BASE BID IN WORDS:
One hundred eight thousand one hundred sixty nine and no/100s
TOTAL RIO GRANDE RESTROOM BASE BID+ADDED ALTERNATE#3+RIO GRANDE
PUMPHOUSE BASE BID IN NUMBERS:$583,975.62
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TOTAL RIO GRANDE RESTROOM BASE BID+ADDED ALTERNATE#3 +RIO GRANDE
PUMPHOUSE BASE BID IN WORDS: Five hundred eighty three thousand nine hundred seventy
five and 62/100s
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.�n 4
Authorized Officer: I ' 1 Z [ . ,Title: $ �•F�7
Full name signature:
Company address: Ave-
Telephone
number: 5770 D-7^ 9
Fax number: !1-70 " Cl a7 —40a:7
Attested by: A( 6�w
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Subcontractor & Material Supplier List
Name: Chevron , Phone#: 970 734-8033
Address: 105 Shavano Drive Unit B5 Gunnison Colorado
Service or Product: Concrete
Name: GZO Roofing , Phone#: 920-7697
Address: P.O. Box 1475 Aspen
Service or Product: Roofing and waterproofing
Name., Has heating and plumbing Phone#: 928-9222
Address: 7420 Hwy 82,Unit C Glenwood Springs
Service or Product:_ Plumbing,
Name: Lassiter Electric ,Phone#: 927-4656
Address: 0204 Park Ave. Unit 11 Basalt
Service or Product: Electrical
Name: AAA Water Proofing ,Phone#: 429-5002
Address: 1779 Airport Road Rifle
Service or Product:Water Proofing
Name: Asco masonry ,Phone#: 260-4938
Address: 384 27 1/2 Road Grand Junction
Service or Product: Masonry and Gabions
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Name: JT Heuer,LLC ,Phone#: 970-640-2754
Address: 898 HWY 133, Suite 303, Carbondale
Service or Product: HVAC
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