HomeMy WebLinkAboutresolution.council.031-21 RESOLUTION #031
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND GOULD CONSTRUCTION INC. 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 for,
between the City of Aspen and, 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, $423,958.00 between the City of Aspen and GOULD CONSTRUCTION INC.
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 23rd day of March 2021.
7?ff,
Torre, Mayor
I, Nicole Henning, 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 23rd, 2021.
Nicole Henning, City berk
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CITY OF ASPEN
CONTRACT FOR CONSTRUCTION
(Short Form)
THIS CONTRACT, made and entered into on March 151, 2021, by and between the
CITY OF ASPEN, Colorado,hereinafter called the"City", and Gould Construction Inc.,
hereinafter called the"Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged,the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor,materials,
tools, machinery, equipment, temporary utilities, transportation and any other facilities
needed therefor, and to complete in a good, workmanlike and substantial manner the
Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit
"A"which is incorporated herein as if fully set forth(the"Project").
2. Plans and Specifications; Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or Proposal
appended hereto for the same approved in writing by the parties hereto. The Project shall
also be constructed and completed in strict compliance with all laws, ordinances, rules,
regulations of all applicable governmental authorities, and the City of Aspen Procurement
Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-
08-040. Contractor shall apply for and obtain all required permits and licenses and shall
pay all fees therefor and all other fees required by such governmental authorities. City
Staff shall apply for any necessary permits on the Contractors behalf, Contractor shall be
permit balder.
3. Payments to Contractor. In consideration of the covenants and
Contracts herein contained being performed and kept by Contractor, including the
supplying of all labor, materials and services required by this Contract, and the
construction and completion of the Project, City agrees to pay Contractor a sum not to
exceed Four Hundred Twenty Three Thousand Nine Hundred Fifty Eight ($423,958.00 )
DOLLARS or as shown on Exhibit"A".
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter
diligently and continuously to completion, and in any and all events to substantially
complete the same not later than October 311, 2021, subject to such delays as are
permissible under the"Extension of Time for Completion"section of this Contract.
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5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills
and charges for material, labor, machinery, equipment or any other service or facility
used in connection with or arising out of the Project, and shall obtain periodic releases
from all subcontractors and material suppliers supplying labor or materials to the Project
concurrently with Contractor's delivering any payment to such subcontractors and
material suppliers. Contractor shall indemnify and hold City and City's officers,
employees, agents, successors and assigns free and harmless against all expenses and
liability suffered or incurred in connection with the claims of any such subcontractors or
material suppliers, including but not limited to court costs and attorney's fees resulting or
arising therefrom; provided that Contractor shall be excused from this obligation to the
extent that City is in arrears in making the payments to Contractor. Should any liens or
claims of lien be filed of record against the Property, or should Contractor receive notice
of any unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and discharge the same and cause the same to be released of
record, or shall furnish City with the proper indemnity either by title policy or by
corporate surety bond in the amount of 150% of the amount claimed pursuant to such
lien.
6. Releases. Contractor shall, if requested by City, before being entitled to
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receive any payment due, furnish to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly receipted and
identified, covering work done and the materials furnished to the Project and showing an
expenditure of an amount not less than the total of all previous payments made hereunder
by City to Contractor.
7. Hierarchy of Project Documents. This Contract and the Proposal or Scope
of Work appended hereto as Exhibit "A" are intended to supplement one another. In
case of conflict,however,this Contract shall control both.
S. Changes in the Work. Should the City at any time during the progress of
the work request any modifications, alterations or deviations in, additions to, or
omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do
so,and the same shall in no way affect or make void this Contract;but the amount thereof
shall be amortized over the remaining term of this Contract and added to or deducted, as
the case may be, from the payments set forth in Paragraph 3 above by a fair and
reasonable valuation, based upon the actual cost of labor and materials. This Contract
shall be deemed to be completed when the work is finished in accordance with the
original Proposal or Scope of Work as amended or modified by such changes, whatever
may be the nature or the extent thereof. The rule of practice to be observed in fulfillment
of this paragraph shall be that, upon the demand of either City or Contractor, the
character and valuation of any or all changes, omissions or extra work shall be agreed
upon and fixed in writing,signed by City and Contractor,prior to performance.
9. Contractor's Failure to Perform. Should Contractor, at any time during
the progress of the work, refuse or fail to supply sufficient material or workmen for the
expeditious progress of said work or fail to perform any other provisions of this Contract,
City may, upon giving notice in writing to Contractor as provided herein and upon
Contractor's failure to remedy any such failure within 3 days from receipt of such notice,
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terminate this Contract andnecess rovide the material and workmen to finish the
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work and may enter upon the Property for such purpose and complete said work. The
expense thereof shall be deducted from the payments remaining under Paragraph 3
above, or if the total cost of the work to City exceeds the amount of such remaining
payments, Contractor shall pay to City upon demand the amount of such excess in
addition to any and all other damages to which City may be entitled. In the event of such
termination, City may take possession of all materials, equipment and appliances
belonging to Contractor upon or adjacent to the Property upon which said work is being
performed and may use the same in the completion of said work. Such termination shall
not prejudice or be exclusive of any other legal rights which City may have against
Contractor.
10. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during the time provided
for herein. However, the time during which Contractor is delayed in said work by(a)the
acts of City or its agents or employees or those claiming under Contract with or
permission from City, or(b) the acts of God which Contractor could not have reasonably
foreseen and provided against, or (c) unanticipated stormy or inclement weather which
necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by
employees or labor organizations and which are beyond the control of Contractor and
which it cannot reasonably overcome, or (e) the failure of City to make progress
payments promptly, shall be added to the time for completion of the work by a fair and
reasonable allowance. Contractor recognizes, however, that the site of the work is in the
Rocky Mountains at a high elevation where inclement whether conditions are common.
This fact has been considered by Contractor in preparing its Proposal and or agreeing to
the Scope of Work. Furthermore, Contractor shall have the right to stop work if any
payment, including payment for extra work, is not made to Contractor as provided in this
Contract. In the event of such nonpayment, Contractor may keep the job idle until all
payments then due are received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expenses or purchasing any other materials for the Project,
shall proceed to inspect the work site and all visible conditions and that if, at the time of
inspection therefor, the Contractor finds that the proposed work is at variance with the
conditions indicated by the Proposal, Scope of Work, or information supplied by City, or
should Contractor encounter physical conditions below the surface of the ground of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract or inherent
in a work site located in the Rocky Mountains, Contractor shall so notify City, and City
shall at that time have the right and option to immediately cancel and terminate this
Contract or to instruct Contractor to continue the work and add the additional amount
attributable to such unforeseen conditions to the payments due Contractor as set forth
above.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such costs,building permit fees,insurance and such financing
and title charges as are not refundable shall be included; provided that supervision time,
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office overhead and profit shall not be included in such costs to be refunded to Contractor
by reason of such cancellation.
12. Acceptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the Project
has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file of
record within five (5) days after the substantial completion and acceptance of the Project
a Notice of Completion. If City fails to so record the Notice of Completion within said
five (5) day period, City hereby appoints Contractor as City's agent to sign and record
such Notice of Completion on City's behalf. This agency is irrevocable and is an agency
coupled with an interest. Contractor agrees upon receipt of final payment to release the
Project and property from any and all claims that may have accrued against the same by
reason of said construction. If Contractor faithfully performs the obligations of this
Contract on its part to be performed, it shall have the right to refuse to permit occupancy
of any structures by City or City's assignees or agents until the Notice of Completion has
been recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to mutual
Contract of City and Contractor under the provisions of Paragraph 3 above.
14. IndemnMeation. Professional agrees to indemnify and hold harmless the
City,its officers, employees,insurers,and self-insurance pool, from and against all liability,
claims, and demands, on account of injury, loss, or damage, including without limitation
claims arising from bodily injury, personal injury,sickness, disease, death,property loss or
damage, or any other loss of any kind whatsoever,which arise out of or are in any manner
connected with this contract, to the extent and for an amount represented by the degree or
percentage such injury, loss,or damage is caused in whole or in part by, or is claimed to be
caused in whole or in part by,the wrongful act, omission, error,professional error,mistake,
negligence, or other fault of the Professional, any subcontractor of the Professional, or any
officer, employee,representative, or agent of the Professional or of any subcontractor of the
Professional,or which arises out of any workmen's compensation claim of any employee of
the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate,handle,respond to,and to provide defense for and defend
against, any such liability, claims or demands at the sole expense of the Professional, or at
the option of the City, agrees to pay the City or reimburse the City for the defense costs
incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss,
or damage was caused in whole or in part by the act,omission,or other fault of the City,its
officers, or its employees, the City shall reimburse the Professional for the portion of the
judgment attributable to such act, omission, or other fault of the City, its officers, or
employees.
15. Insurance.
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a. The Contractor agrees to procure and maintain, at its own expense, a policy
or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract.Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law.
The Contractor shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain
insurance,or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration,or types.
b. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed in the
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage,then the minimum coverage shall be as set forth below. Such coverage
shall be procured and maintained with forms and insurance acceptable to City. All coverage
shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of
any claims-made policy,the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
1. Worlonen Is Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workmen's Compensation requirements of this paragraph.
2. Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual,independent contractors,products,and completed operations.The policy
shall include coverage for explosion,collapse, and underground hazards. The policy
shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION j
DOLLARS ($1,000,000.00) aggregate with respect to each Contractors owned,
hired and non-owned vehicles assigned to or used in performance of the services.
The policy shall contain a severability of interests provision. If the Contractor has no
owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each
employee of the Contractor providing services to the City under this contract.
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C. Except for any Contractor Liability insurance that may be required, the
policy or policies required above shall be endorsed to include the City of Aspen and the City
of Aspen's officers and employees as additional insureds. Every policy required above shall
be primary insurance, and any insurance carried by the City of Aspen, its officers or
employees,or carried by or provided through any insurance pool of the City of Aspen,shall
be excess and not contributory insurance to that provided by Contractor. No additional
insured endorsement to the policy required above shall contain any exclusion for bodily
injury or property damage arising from completed operations.The Contractor shall be solely
responsible for any deductible losses under any policy required above.
d. The certificate of insurance provided to the City of Aspen shall be completed
by the Contractor's insurance agent as evidence that policies providing the required
coverage,conditions, and minimum limits are in full force and effect, and shall be reviewed
and approved by the City of Aspen prior to commencement of the contract. No other form
of certificate shall be used. The certificate shall identify this contract and shall provide that
the coverage afforded under the policies shall not be canceled, terminated or materially
changed until at least thLny (30) days prior written notice has been given to the City of
Aspen.
e. In addition, these Certificates of Insurance shall contain the following
clauses:
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse
against the City of Aspen for payment of any premiums or for assessments under
any form of policy.
Any and all deductibles in the above-described insurance policies shall be assumed
by and be for the amount of,and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect at
least fifteen(15)days prior to a policy's expiration date except for any policy expiring on the
expiration date of this Contract or thereafter.
e. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, conditions, and minimum limits shall constitute a material
breach of contract upon which City may immediately terminate this contract, or at its
discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith. All moneys so paid by
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City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or
vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid
for by City as extra work under Paragraph 8 above. If, however, the estimated cost of
replacement of the work already completed by Contractor exceeds twenty (20%) percent
of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel
this Contract and, in such event, Contractor shall be paid the reasonable cost, including
net profit to Contractor in the amount of ten (10%) percent, of all work performed by
Contractor before such cancellation.
17. Notices. Any notice which any party is required or may desire to give to any
other party shall be in writing and may be personally delivered or given or made by
United States mail addressed as follows:
To City:
City of Aspen
Jack Danneberg,Engineering Department
130 South Galena Street
Aspen, Colorado 81611
To Contractor:
Paul Jacobson,Gould Construction Inc.
6874 Hwy 82
Glenwood Springs,CO 81601
subject to the right of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or certified
matter, addressed as above provided,with postage thereon fully prepaid.
18.Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final acceptance
of the work with City.
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(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to be
entered into by City).
19. Licensure of Contractor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado, and
if applicable,in the County of Pitkin.
_ 20. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in, or be construed as establishing an
employment relationship. The Contractor shall be, and shall perform as, an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City.No
agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the
employee, agent or servant of the City. The City is interested only in the results obtained
under the Contract Documents. The manner and means of conducting the Work are under
the sole control of the Contractor.None of the benefits provided by the City to its employees
including, but not limited to, worker's compensation insurance and unemployment
insurance,are available from the City to the employees,agents or servants of the Contractor.
The Contractor shall be solely and entirely responsible for its acts and for the acts of the
Contractor's agents, employees, servants and subcontractors during the performance of the
Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS j
EARNED PURSUANT TO THE CONTRACT.
21. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign this Contract or its rights and responsibilities under
this Contract nor subcontract to others its rights and responsibilities under this Contract,
and any attempt to do so shall be void and constitute a material breach of this Contract.
22. Successors and Assigns. Subject to paragraph 22, above, this Contract
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
23. Entire Contract. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes all prior Contracts
between City and Contractor respecting such matters.
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24. Waivers. No waiver by City or Contractor of any default by the other or
of any event, circumstance or condition permitting either to terminate this Contract shall
constitute a waiver of any other default or other such event, circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
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succeeding; and no failure or delay by either City or Contractor to exercise any right
arising by reason of any default by the other shall prevent the exercise of such right while
the defaulting party continues in default, and no waiver of any default shall operate as a
waiver of any other default or as a modification of this Contract.
25. Remedies Non-Exclusive. No remedy conferred on either party to this !
Contract shall be exclusive of any other remedy herein or by law provided or permitted,
but each shall be cumulative and shall be in addition to every other remedy.
26. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or equity
shall be Pitkin County.
27. Attorneys' Fees. If either party to this Contract shall institute any action
or proceeding to enforce any right, remedy or provision contained in this Contract, the
prevailing party in such action shall be entitled to receive its attorneys' fees in connection
with such action from the non-prevailing party.
28. Severability. Any provision in this Contract which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions,and to this end the provisions of this Contract
are declared to be severable.
29. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee or !
applicant for employment because of race, color, religion, sex, national origin, age, marital
status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or
Vietnam era veteran. The Contractor will take affirmative action to insure that applicants
are employed, and that employees are treated during employment without regard to their
race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a
disadvantaged person, or a disabled or Vietnam era veteran. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation;and selection for training,including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
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30. Prohibited Interest. No member, officer, or employee of the City of
Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or !
indirect,in this Contract or the proceeds thereof.
31. Warranties Against Contingent Fees, Gratuities, Kickbacks and
Conflict of Interest:
a. The Contractor wan-ants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon a Contract or understanding for a
commission, percentage, brokerage, or contingency fee, excepting bona fide employees or
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bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of the
City a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter,pertaining to this Contract or to any solicitation or proposal therefor.
C. It shall be a material breach of the Contract for any payment gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to the
prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the award of a Subcontract or order. The Contractor is prohibited from
inducing,by any means, any person employed under this Contract to give up any part of the
compensation to which he/she is otherwise entitled. The Contractor shall comply with all
applicable local,state and federal"anti-kickback"statutes or regulations.
32. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any amounts that may be, from time to time, appropriated by the City on an
annual basis. It is understood that payment under any contract is conditional upon annual
appropriation of funds by said governing body and that before providing services, the
Contractor, if it so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate.
33. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101.
a. RMos e. During the 2006 Colorado legislative session, the Legislature
passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023
that added new statutes relating to the employment of and contracting with illegal
aliens. These new laws prohibit all state agencies and political subdivisions,
including the City of Aspen, from knowingly hiring an illegal alien to perform
work under a contract:, or to knowingly contract with a subcontractor who
knowingly hires with an illegal alien to perform work under the contract. The new
laws also require that all contracts for services include certain specific language as
set forth in the statutes. The following terms and conditions have been designed to
comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this
reference are incorporated herein and in any contract for services entered into
with the City of Aspen.
b. Definitions. The following terms are defined in the new law and by this
reference are incorporated herein and in any contract for services entered into
with the City of Aspen.
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"Basic Pilot Program" means the basic pilot employment verification
program created in Public Law 208, 104th Congress, as amended, and expanded
in Public Law 156, 108th Congress, as amended, that is administered by the
United States Department of Homeland Security.
"Public Contract for Services"means this Agreement.
"Services"means the furnishing of labor,time,or effort by a Contractor or
a subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
C. By signing this document, Contractor certifies and represents that at this
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time:
(i) Contractor does not knowingly employ or contract with an illegal
alien; and
(ii) Contractor has participated or attempted to participate in the Basic
Pilot Program in order to verify that it does not employ illegal aliens.
d. Contractor hereby certifies that:
_ I
(i) Contractor shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired
for employment in the United States under the Public Contract for
Services.
I
(ii) Contractor shall not enter into a contract with a subcontractor that
fails to confirm to the Contractor that the subcontractor shall not
knowingly hire new employees without confirming their employment
eligibility for employment in the United States under the Public Contract
for Services.
(iii) Contractor has verified or has attempted to verify through
participation in the Federal Basic Pilot Program that Contractor does not
employ any new employees who are not eligible for employment in the
United States; and if Contractor has not been accepted into the Federal
Basic Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot
Program and shall in writing verify such application within five (5) days
of the date of the Public Contract. Contractor shall continue to apply to
participate in the Federal Basic Pilot Program and shall in writing verify
same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed,whichever
is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
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(iv) Contractor shall not use the Basic Pilot Program procedures to
undertake pre-employment screening of job applicants while the Public
Contract for Services is being performed.
(v) If Contractor obtains actual knowledge that a subcontractor
performing work under the Public Contract for Services knowingly
employs or contracts with a new employee who is an illegal alien,
Contractor shall:
(1) Notify such subcontractor and the City of Aspen
within three days that Contractor has actual knowledge that the
subcontractor has newly employed or contracted with an illegal
alien; and
(2) Terminate the subcontract with the subcontractor if
within three days of receiving the notice required pursuant to this
section the subcontractor does not cease employing or contracting
with the new employee who is an illegal alien; except that
Contractor shall not terminate the Public Contract for Services
with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
(vi) Contractor shall comply with any reasonable request by the
Colorado Department of Labor and Employment made in the course of an
investigation that the Colorado Department of Labor and Employment
undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102(5),C.R.S.
(vii) If Contractor violates any provision of the Public Contract for
Services pertaining to the duties imposed by Subsection 8-17.5-102,
C.R.S. the City of Aspen may terminate the Public Contract for Services.
If the Public Contract for Services is so terminated, Contractor shall be
liable for actual and consequential damages to the City of Aspen arising
out of Contractor's violation of Subsection 8-17.5-102, C.R.S.
(ix) If Contractor operates as a sole proprietor, Contractor hereby
swears or affirms under penalty of perjury that the Contractor (1) is a
citizen of the United States or otherwise lawfully present in the United
States pursuant to federal law, (2) shall comply with the provisions of
CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of
identification required by CRS 24-76.5-103 prior to the effective date of
this Agreement.
34. Electronic Signatures and Electronic Records This Agreement and
any amendments hereto may be executed in several counterparts, each of which shall be
deemed an original, and all of which together shall constitute one agreement binding on
the Parties, notwithstanding the possible event that all Parties may not have signed the
CCS-971.doc Page-12
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DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
same counterpart. Furthermore,each Party consents to the use of electronic signatures by
either Party. The Scope of Work, and any other documents requiring a signature
hereunder, may be signed electronically in the manner agreed to by the Parties. The
Parties agree not to deny the legal effect or enforceability of the Agreement solely
because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an
electronic record, or a paper copy of an electronic documents, or a paper copy of a
document bearing an electronic signature, on the ground that it is an electronic record or
electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
A STED BY: MY OF A P 0DORADO
. By: a 0* 10
Title: city Manager
APPROVED AS TO F
By:
,Q�e I City Aitorney
ATTESTED BY: CONT OR: l uu( J G 5r�
By:
Title: VP
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DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
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.
i
i
i
i
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DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF C0/6 rlad 0 )
COUNTY OF C� /�'L�� )) SS.
On this day of 2021 , before
me appeared
�a eco 6Sc�r� to me
personally known, who, being by me first duly sworn, did say that s/he is
U e re. 4c&n-+-- of
C--VU-ed on h(-, 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.
i
Notary Public
Address
\,'W'dof ission expires: Z �3, ZOa S
Klmberiy D Ochko
".A ;,y NOTARY PUBLIC
e7 STATE OF COLORADO
NOTARY IOiE 20014003716
.._..-
ro MY COMMISSION EXPIRES 03012025
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DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
BID PROPOSAL FORM
PROJECT NO.: 2021-014
BID DATE: 3/15/2021
PROJECT: Concrete Replacement 2021
PROPOSAL SUBMITTED BY: Gould Construction,Inc.
CONTRACTOR {
I
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 Sba 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 Engineering 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.
BPI-971.doe `13131
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Contractor's Initials
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
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.
The City reserves the right to increase or decrease the amount of work to be done on the basis of
the bid unit price and up to plus or minus Twenty Five(25)Percent of the total bid.
By signing this document,Contractor certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii)Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s)numbered 1 through 3.
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J Contractor's Initials
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
ESTIMATED OUANTITYLIST
L Original Sidewalk Installation
Section Item Unit Qty Unit Price Total
201 Clearing and Grubbing CY 37 $130 $4810
202 Removal of Curb and Gutter* LF 42 $27 $1134
202 Removal of Asphalt Material(Roadway) SY 36 1 $80 $2880
202 Removal of Tree EA i 1 $1100 $1100
208 Erosion Control Silt Fence Inlet Protection EA 1 $1250 $1250
208 Tree Protection LS 1 $850 $850
Street Sign Relocation EA 4 $500 $2000
Air Spading SY 20 $160 $3200
213 Topsoil(6"minimum depth) CY 12 1 $237 $2844
214 Install Landscaping LS 1 1 $500 $500
304 Aggregate base course CY 17 1 $146 $2482
403 Asphalt per Aspen Engineering Design and SY 35 $159 $5565
Construction Standards
604 Irrigation System EA 1 $1300 $1300
607 Temporary Pedestrian Control LS 1 $1500 $1500
608 Concrete Sidewalk(4") SY 65 $132 $8580
608 Type 8 Accessible Curb Ramp(w/detectable warning) EA 1 $3500 $3500
608 Type 10 Accessible Curb Ramp(w/detectable warning) EA 2 $9500 $19000
609 Curb and Gutter,Type 2(Section II-B)(Includes LF 152 $80 $12160
Excavation)
Street light relocation with base EA 1 $6900 $6900
626 Mobilization LS 1 $9600 $9600
713 Construction Zone Traffic Control LS 1 $8000 $8000
Survey LS 1 $1000 $1000
*Includes excavation
TOTAL BID IN NUMBERS(Original Sidewalk Installation): $100,155.00
Total Bid in Word (Original Sidewalk Installation): One Hundred
Thousand One Hundred Fi ft Five
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Contractor's Initials
I
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
I
H. West End St Sidewalk Installation
Section Item Unit Qty Unit Total
Price
202 Removal of Concrete(Sidewalk) SY 49 $47 $2303
202 Removal of Curb and Gutter LF 107 $21 $2247
202 Removal of Asphalt Mat(Roadway) SY 24 $51 $1224
208 Tree Protection LS 1 $320 $320
Air Spading SY 10 $127 $1270
208 Erosion Control LS 1 $577 $577
210 Reset Structure(Ground Sign) EA 2 $1250 $2500
213 Topsoil(6"minimum depth) CY 4 $237 $948
304 Aggregate base course(class 6) CY 12.5 $146 $1825
403 HMA(Grade SX)(Roadway) SY 24 $159 $3816
607 Temporary Pedestrian Control LS 1 $635 $635
608 Concrete Sidewalk(4") SY 35 $132 $4620
608 Concrete Sidewalk-Floating(6") SY 14 $235 $3290
608 8"Reinforced Driveway Apron SY 18 $197 $3546
609 Curb and Gutter Type 2(Section it-M) LF 107 $59 $6313
626 Mobilization LS 1 $9000 $9000
713 Construction Zone Traffic Control LS 1 $8000 $8000
Survey LS 1 $635 $635
*Includes excavation
TOTAL BID IN NUMBERS(West End St Sidewalk Installation): $53,069.00
Total Bid in Words (West End St Sidewalk Installation): Fifty Three
Thousand Sixty Nine
III" 41 St Bus Stop Improvements
Section Item Unit Qty Unit Total
Price
202 Removal of Concrete(Sidewalk)* SY 13 $63 $819
202 Removal of Curb and Gutter LF 15 $27 $405
202 Removal of Asphalt Mat(Roadway) SY 1 4 1 $95 $380
208 Erosion Control LS 1 1 1 $577 1 $577
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Contractors Initials
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
210 Reset Structure(Bench) EA 1 $1130 $
210 Reset Structure(Ground Sign) EA 1 $1242 $
304 Aggregate base course(class 6) CY 3.5 $210 $
403 HMA(Grade SX)(Roadway) SY 4 $159 $
607 Temporary Pedestrian Control LS 1 $4450 $
608 Concrete Sidewalk(4") SY 18 $132 $
609 Curb and Gutter Type 2(Section II-M) LF 15 $95 $
626 Mobilization LS 1 $6000 $
713 Construction Zone Traffic Control LS 1 $8000 $
*Includes excavation
TOTAL BID IN NUMBERS(4th St Bus Stop Improvements): $28,175.00
Total Bid in Words (41"St Bus Stop Improvements) Twenty Eight
Thousand One Hundred Seventy Five
IV. 2"d and Hyman Curb and Gutter Replacement
Section Item Unit Qty Unit Price Total
202 Removal of Curb and Gutter LF 25 $27 $675
202 Removal of Asphalt Mat(Roadway) SY 7 $100 $700
208 Erosion Control LS 1 $577 $577
304 Aggregate base course(class 6) CY 1.6 $410 $656
403 HMA(Grade SX)(Roadway) SY 7 $159 $1113
607 Temporary Pedestrian Control LS 1 $635 $635
609 Curb and Gutter Type 2(Section 11- LF 25 $108 $2700
� )
626 Mobilization LS 1 $8000 $8000
713 Construction Zone Traffic Control LS 1 1 $5350 $5350
TOTAL BID IN NUMBERS (2n11 and Hyman Curb and Gutter Replacement):$20,406.00
Total Bid in Words (2nd and Hyman Curb and Gutter Replacement):
Twenty Thousand Four Hundred Six
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Contractor's Initials
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
V. ABC Trail✓Cemetery Lane Trail Concrete Replacement
Item Unit Qty Unit Price Total Cost
Mobilization LS 1 $8670 $8670
Removal of Concrete(Trail) SY 337 $42 $14154
Aggregate Base Course(Class 6) CY 56 $122 $6832
6"Concrete Panel Replacement(San SY 337 $197 $66389
Diego Buff color and fiber reinforcement)
Trail Traffic Control IS 1 $6990 $6990
TOTAL BID IN NUMBERS(ABC Trail/Cemetery Lane Trail Concrete Replacement):
$103.035.00
Total Bid in Words (ABC Trail/Cemetery Lane Trail Concrete
Replacement): One Hundred Three Thousand Thirty Five
vi Burlingame Park 2 Sidewalk Connection
Section Item Unit Qty Unit Total
Price
626 Mobilization LS. 1 $6200 $6200
608 4"Standard Grey Concrete SY 44 $132 $5808
TOTAL BID IN NUMBERS(Burlingame Park 2 Sidewalk Connection): $12,008.00
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Contractor's Initials
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
Total Bid in Words (Burlingame Park 2 Sidewalk Connection):
Twelve Thousand Eight
vn Cozy Point Ranch Barn Entry Apron
Section Item Unit Qty Univ Total
Price
626 Mobilization LS 1 $6200 $6200
608 8"Reinforced Driveway Apron w/ SY 28 $132 $5516
valley pan at downward edge
TOTAL BID IN NUMBERS(Oozy Point Ranch Barn Entry Apron) $11,716.00
Total Bid in Words (Cozy Point Ranch Barn Entry Apron): Eleven
Thousand Seven Hundred Sixteen
VIII. General Concrete Replacement
Section Item Unit Qty Unit Total
Price
202 Removal of Concrete SY 56 $44 $2464
(Sidewalk)
202 Removal of Curb and Gutter LF 1 300 $27 $8100
202 Removaa of Asphalt Mat SY 67 $42 $2814
(Roadway)
Removal of inlet LS 1 $2750 $2750
208 Erosion Control LS 3 $770 $2310
Air Spadir►g SY 10 $370 $3700
210 Reset Structure(Ground Sign) EA 3 $1250 $3750
304 Aggregate base course(class CY 21 $150 $3150
403 HMA(Grade SX)(Roadway) SY 67 $159 $10653
607 Temporary Pedestrian Control LS 3 $750 $2250
608 Concrete Sidewalk(4") SY 56 $132 $7392
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Contractor's Initials
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
608 8"Reinforced Driveway SY 18 $197 $3546
Apron
608 Inlet Installation EA 1 $6650 $6650
609 Curb and Gutter Type 2 LF 300 $54 $16200
(Section II-M)
626 Mobilization LS 3 $4775 $14325
713 Construction Zone Traffic LS 3 $1780 $5340
Control
$95,394.00
Ninety Five Thousand Three Hundred Ninety Four
BID SUMMARY
The total bid amounts received in the bid summary supersede any and all other bids listed within
this document. Ensure all numbers and text are legible and consistent.
Oriainal Street Sidewalk Installation
Provide and install all materials, labor and construction operations necessary to complete the
intended work described and shown in the plan-drawings and technical specifications for the
area depicted.
I. Original Street Sidewalk Installation
$ 100.155.00
(Use Numbers Only)
West End St Sidewalk Installation
Provide and install all materials, labor and construction operations necessary to complete the
intended work described and shown in the plan-drawings and technical specifications for the
area depicted.
H. West End St Sidewalk Installation
$ 53.069.00
(Use Numbers Only)
4th Street Bus Stop Improvements
Provide and install all materials, labor and construction operations necessary to complete the
intended work. Relocate bench on new concrete pad and route sidewalk around new bench
location.
III. 4th Street Bus Stop Improvements
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Contractors Inivals
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
$ 28,175.00
(Use Numbers Only)
2°d and Hyman Curb and Gutter Replacement
Provide and install all materials, labor and construction operations necessary to complete the
intended work.Replace damaged curb and gutter and patch asphalt.
IV. 2"d and Hyman Curb and Gutter Replacement
$ 20.406.00
(Use Numbers Only)
ABC Trail/Cemetery Lane Trail Concrete Replacement
Concrete Trail Repair for the City of Aspen Parks Department. Demo, prep and replace
damaged concrete panels along the Cemetery Lane and ABC Bike Trails. Refer to the Parks
Trail Exhibit for location. This link also shows location on google maps:
https://www.gooigle.com/maps/d/u/1/edit?hl=en&mid=lfoArIcCSNCegDr7fAPH6G IYOFIRvtJRI&11=39.20
2072682472846%2C-106.8534109841472&z=15
V. ABC Trail/Cemetery Lane Trail Concrete Replacement
$ 103,035.00
(Use Numbers Only)
Burlinzame Park 2 Sidewalk Connection
Form and pour standard grey concrete on a pre-prepared subgrade to meet City of Aspen
pedestrian concrete standards or approved equal standard.
VI.Burlingame Park 2 Sidewalk Connection
$ 12,008.00
(Use Numbers Ott ly)
Cozy point Ranch Barn.Entry Apron
Form and pour standard grey concrete on a pre-prepared subgrade. Re-enforce concrete to
City of Aspen vehicle rated concrete standards or approved equal standard. Refer to Cozy
Point Ranch Plan for location and detail.
VII. Cozy Point Ranch Barn Entry Apron
$ 11,716.00
(Use Numbers Only)
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PE— —
Contractor's Initials
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
General Concrete Replacement
Provide and install all materials, labor and construction operations necessary to complete the
intended work. Install sidewalk, curb and gutter, and street work as necessary around town.
Plan for three separate projects as needed.
VIII. General Concrete Replacement
$ 95,394.00
(Use Numbers Only)
TOTAL BID IN NUMBERS: Gibson Sidewalk Installation and West End Sidewalk
Installation and 4111 St Bus Stop Improvements and 22d and Hyman Curb and Gutter
Replacement and ABC Trail/Cemetery Lane Trail Concrete Replacement and General
Concrete Replacement
Total(I+H+III+IV+V+VI+VII+VIII): $ 423.958.00
(Use Numbers Only)
Total Bid in Words:
Four Hundred Twenty Three Thousand Nine Hundred Fifty Eight
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J
Contractor's InldWs
DocuSign Envelope ID:4B8795E3-3153-4C84-A9F7-1214913E15D3
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: Paul J so ,Title:VP
i
Full name signature:
Company address: 6874 Hwy 82 Glenwood Springs CO 81601
Telephone number: 970-945-7291
Email: haul gouldconstruction.com
Attested by:
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Contractors InNab