The URL can be used to link to this page

Home My WebLink Aboutresolution.council.015-96 e . e RESOLUTION NO. (Series of Is 1996) A RESOLUTION APPROVING THE TERMS AND CONDITIONS OF CONTRACTS BETWEEN THE CITY OF ASPEN, COLORADO, AND (A) RAINMAKER, INC. FOR THE GOLF COURSE IRRIGATION ISOLATION PROJECT, (B) BASALT CONSTRUCTION CO. FOR THE GOLF COURSE DITCH CULVERTING AND WIDENING PROJECT, (C) LEISURE TIME ASSOCIATES FOR THE GOLF COURSE TEE REBUILD AND LEVELING PROJECT, AND (D) ELAM CONSTRUCTION, INC. FOR THE GOLF COURSE CART PATH CONSTRUCTION PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS ON BEHALF OF THE CITY OF ASPEN WHEREAS, four contracts for golf course improvements have been submitted to the City Council between the City of Aspen, Colorado, and (a) Rainmaker, Inc.; (b) Basalt Construction Co.; (c) Leisure Time Associates; and (d) Elam Construction, copies of which contracts are annexed hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves those contracts between the City of Aspen, Colorado, and (a) Rainmaker, Inc. for the golf course irrigation isolation project; (b) Basalt Construction Co. for the golf course ditch culverting and widening project, (c) Leisure Time Associates for the golf course tee rebuild and leveling project, and (d) Elam Construction Co. for the g~lf course cart path construction project, copies of which are annexed hereto and incorporated e e -- ...~...- herein, and does hereby authorize the city Manager to execute said contracts on behalf of the City of Aspen. Dated: a~ \.70 , , 1996. John s. t~~:/?~ 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 Colorado, at a meeting held ~h~ of the City of Aspen, y , 1996. 2 PROCUREMENT CONTRACT ROUTING SUP AND CHECK LIST CIV /-b 57 Instructions: This form should be completed at each step of the procurement process and should follow eachJ'equesl for review or approval. Contracts under $2,000 require only Department Head approval. Contracts over $2,000 require City Manager approval. They do not require competitive bids but require documentation of source selection _." -ocess. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is .Luired. Contracts over $25,000 require City Council approval. All CONTRACTS Procurement Description: Ditch C:ulverting/Widening Proiect Project #, 96-20 Budget estimate: $ $'10,000 Is proposed expenditure approved in the Department!!; Budget? LX1 Yes '--L No Explain process foe vendor selection: Tnvil.al.ion to Bid '016; 76 Dept. Head approval of proposa l: $, 0~ . ---- COHTRACTS OVER $2.000 AND UNDER $10 000 Contractor/Vendor Selected: I Dept. Head approval: I City Attorney review: I / / City Manager Approval: Original signed contract documents to City Clerk, Oepartm€nt and to Vendor/Contractor CONTRACTS OVER $10.000 2. 1131 "hi RFP oc ITB Completed, "t'. ~ I I I Eng. Dept. Review, ~I/~~~ RFP or ITS Revie~ed by City Attorney: ~~~ 3 I I /1(/ 1,t Advectisem75't 3' I g I fib; 2nd Advect;sement :5 IIS/?el 8;d Opening, iLt.?-i!~ J' Contcoctoc/Vendoc Selected, 13a.J"~a . ..,.rt~'-l 100 c;" 1;L/9!'; Dcpt. Head approval: ~ _.____ ! 1'22196; A\.iard Letter sent: f. ~ - "'1/ Z. I 9(; v/r1 (;)I{/ (Attach Advertisement) 3 signed contracts returned by vendor/contractor. 1 ~erformance and Payment Bonds received ~Certificate of insurDnce received .L._---.L_I r inance Department ReVIew: I i O'.'er 'S25, 000, _1L~9.?!1 Ci ''I Attorney Revic\.l. IL"l17%J C"y Councd Appcovol Orlgln.::l SIgned contr3ct documents to City Clerk, Department and Contractor/Vendor -- --~~-- ~~. I 1 ._1 Prepar.c Cover memo cand .2/// ( .fi.,"<'-t -' rcsolut ion for ci ty Counei L Approval. _~~_I C i t y Hanager Approva l : _,~1__1 Notice to Proceed e e e SERVICE AGREEMENT C? /1 ... / TBIS AGREEMENT made this.-iL day of ~]L f , 199E by and between the City of Aspen ("City") and the Contractor iden"fied hereinbelow. WITNESSETH, that whereas the City wishes to purchase the services described hereinbelow and Contractor wishes to provide said services to the City as specified herein. NOW THEREFORE, in consideration of the following covenants, the parties agree as follows: CONTRACTOR 25c?Sq /1 eo", D 1-"1-"-'.1-. '0"'0 c::, . ADDRESS, /800 11te..-j, ',,-,',-<-- ,;?o'o..___ e-I-_ s:ll- ~~. $lbS-::r CO!iTAeT PERsaI, /J!C-h,;~ / "'~ ~!) L/o"1 PHOOE UU><flERS 9,1,:=5- ~"/'t. '-"'L f?76 - s?44 =IAl SECURITY S,;.)- 94-15 #-'3 IW<E, DESCRIPTION OF SERVICE \..,.., -' . \ !/Cc7f' /lL--LClJ}'9j DURATION OF AGRE!CMENT AND SCHEDULE OF SERVICES TO BE PROVIDED ~i? e- ~f}/) J.., Vh I.( VI fC( r,/ 'Iod'7-ecO e e e _ llI1l~l'Ifi- DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION /1."e,:t Please invoice usinq City's Purchase Order Wumber: AMENDMENTS TO GENERAL CONDITIONS ~ .$Vf07L.GW6?JT.l7-,t!:,/ a;;,<.Jp/T/6"vS ~ , The parties acknowiedge and understand that this Service Agreement is, except as speciflcalJy amended hereinabove, subject LO all of the terms and conditions set forth in the City of Aspen General Conditions for ServIce Agre<oments, a copy of which is appended hereto as Appendix "A" and by this reference made a part hereof Having agreed to lhe above and foregoing, lhe parties hereto do affix the" slgnalures, conua;/c / / By ~~~ Title //y-e- ~??J"'---I By. Approved by the Cily Depanmenl Director: 8y ~"'A~, b,d Vc.n,,)o ~/97 PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST (/ ~-:? Instructions: This form should be completed at each step of the procurement process and should follow each requesl for review or approval. Contracts under $2,000 require only Department Head approval. Contracts over $2,OOC require City Manager approval. They do not require competitive bids but require documentation of source selection ilA.'o ocess. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process ]s . .uired. Contracts over $25,000 require City Council approval. Procurement Description: 11 Qrr::q, (;nlf ('(")l1rQ(:> T,r;e::Jt-;()n TQnl,qr-inn Prnjprr Project #: %-?7 Budget estimate: $ 30,000 Is proposed cxpcndi ture approved in the Department's Budget? LJr.L Yes L---'- No Explain process fo, vendor selection: -----It:tuitation to Bid -;;Z1:rSI7'~1 Dept. Head approval of proposal: s:z::.-,. ~ All CONTRACTS COHTRACTS OVER $2.000 AND UNDER $10.000 Contractor/Vendor Selected: I Dept. Head approval: / City Attorney review: I I I City Manager Approval: Original signed contract documents to City Clerk, Department and to Vendor/Contractor CONTRACTS OVER S10.000 ;~/7l-i;1(! RFP or ITB Completed: L. ~/;}I(/~ ,rJ ~d c'/ ~ -,~ , , /-j?-lIlt::.'1 RFP or ITS RevIewed by C1ty Attorney: 4~/ ~ ~:J~ ~~ :~: ::::~:~:eit ~J 1 g /It; 2nd Adve,tlsement ContcoctQ,/Vendo, Selected: Ra.;i'I fV.~~g_'\i. 4 ;2 ;76; Dept. Head approval '_~ ~ ;:$ ;1.I/Ybl Awo,d lette, sento ;f.e~~ 4 diJ(1 1 1 / Eng. Dept. Review: (Attach Advertisement) 3 ,igned cont,acts ,etu,ned by vendo,/cont,acto,.. I _ ~t?~. ~ Performance and Payment Bonds received - w~,ved.. P}' ~ Certificate of insurance received I I / Finance Department Review: If Over S25,000, I I / Prepare Cover memo and re~olu(ion for City Council Approval. I ;I ~ IJ 4/3 /1,6 City Attorney Revic\-I. 9;:;C!; I / / City Manager Approval: :1"1 ? ;o~0,. 9 ,Cn~ tl YsC,Ogunnedc i cl oAnPt:o,'cOVtOd' oc' ~^nt<' I I I Not ice to Proceed c _~ 'u ,~~,~ J to City Clerk, Department and Contractor/Vendor e e SERVICE AGREEMENT THIS AGREEMENT made this f day of U~ ' 199_, by and between the City of Aspen ("City") and the Contractor i entified hereinbelow. WITNESSETH, that whereas the City wishes to purchase the services described hereinbelow and Contractor wishes to provide said services to the City as specified herein. NOW THEREFORE, in consideration of the following covenants, the parties agree as follows: CONTRACTOR IW<E: Rainmaker, Inc. 16495 Hiqhway 550 Montrose, Colorado 81401 CONTACT PERSON:. Dennis ,J VAnnprwi st ADDRESS : PHONE Nl.MBERS Hc>><E: (970) 249-5618 ~K: (970) 249-8081 SOCIAL SECURITY IILOIBER OR FEDERAL LD_ IILOIBER: 84-0864g68 DESCRIPTION OF SERVICE C;pp ",rr",rllPrI Tn\1 ro Bid. Supplementary Conditions. Parts List and Installation Specifications DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED See attached Supplementary Conditions e e e DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSii.TION Spp A-rt-~("hpr1 Sprv;rp AEyppmp1li Please invoice usinq cityls Purchase Order Humber: AMENDMENTS TO GENERAL CONDITIONS ~pp At"t-::lrnprl ~l1rrl pmpn-r.::lry rnnrli t-i nnc: . . The parties aclmowledge and understand that this Service Agreement is, except as specifically amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A" and by this reference made a part hereof. Having agreed to the above and foregoing, the parties hereto do affix their signatures. Contractor: u ~(,..'n;~k- By: By: lJ <:~~>~ Title: President Approved by the Cit By: ~ SrvAgr.bid - vcrsioo 5/92 - ~,.......,.... March 15, 1996 BID CITY OF ASPEN GOLF COURSE IRRIGA nON ISOLA nON PROJECT Rainmaker, Inc, submits the following bid for the Aspen Golf Course Irrigation Isolation Project, as per plans and specifications: $28,998.00. e *' C' ,J" . d:-G~' ,\)- (/~k~--cJ Dennis l Vanlferwist, President ,e 27 N, Willerup, Montrose, CO 81401 (970) 249-8081 !:lONDS AND CERTlFICATES..ETD 1l0ND e KNOW ALL MEN BY THESE PRESENTS: That the person, persons, entity, or entities hereinafter named and called the "Principal", and the corporation or corporations hereinafter named as Surety, being a corporation or corpoflltions organized and existing under and by virtue of the laws of the State of ARIZONA and authorized to transact business within the State of COLORADO , the Surety, hereinafter called "Surety" are held and firmly bound unlOCITY OF ASPEN ,hereinafter called "Owner", in an amount in lawful money of the United States of America equal to five perrent (5%) of the lmal amount of the bid a[[ached hereto, and submined by the Principal for CITY OF ASPEN GOLF COURSE IRRIGATION ISOLATION PROJECT of which this Bid Bond shall be a pan, for the payment of which, well and rruly to be made, said Principal and said Surety bind themselves and their respeCtive heirs. devisees, successors, and assigns, jointly and severally. under the tenns hereof. The conditions of this obligation are such, THAT WHEREAS the Principal has submilted the accompanying bid of even date herewith for the work described in the Contract Documents. for the Owner, NOW, THEREFORE, if the Principal shall complete the formal Contract DocumentS and furnish Surety as provided in the Contract Documents upon acceptance of said bid by Ihe Owner or if the Owner shall reject said bid within sixty (60) days after [he opening of bids on Ihis Contract, Ihen the above obligation shall be void and of no effect, but otherwise shall remain in full force and effect. NOIwithslanding anything herein otherwise conwined. the obligation of the Principal and Surely shall nOt exceed five percenr (5%) of the Principal's entire bid as Set fOr1h in Ihe Contrnct Documents, NOlhing herein contained shall be construed as requiring Ihe Owner to enter into a Cormact with any person other than the Principal for said construction, installation, or work in order to keep this obligarion in force, The SurelY hereby represenrs :lnd acknowledges thar it has received" full and adequate consideration for undenaking its obligations hereundeL Dated as of this It ~R~~pE:L INC. (\ By: i-c ,x.../ (.':'kl./1..r..-L-, 18TH da y of MARCH , 1996, , e t' ~ !.' .. j ," . /' : L'~'----e"CC.LC' TItle: t-:>i?_e--~:~~ I \) .::!>/\J'~ Affix Corporate Seal WASHINGTDN INTERNATIONAL INSURANCE COMPANY SURETY ---:=-~ /r:=-----~a~J C~~i{~~rX' TItle: ATTORNEY-TN-FACT Affix Corporate Seal (Accompanying this bond is attomey-in-facCs authority from the Surety Company certified to include the date of the bond.) END OF SECTION /fit JOB NAME Richard M. Phelps. Ltd. 0!i2193 - I B8 - .........................- WASHINGTON IN TERN A TfONAL INSURANCE COMPANY PO WER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint e BARRY N BLANCHARD, JOHN M. DEER, JANET NEIL, SANDRA K. PIERCE AND PA TRlCIA A. TOUVE EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney(sl-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument{s} in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Att?rneys-in- Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undenakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney.in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREOF, the Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by it~'ll"II'r3i'il'8~qfficer, this 1 Oth day of February, 1995. .........., \,-\IONA[ "\ _f ....l%-' ........ /1'r>b. W ;'...,v... ..... Uc:- ~ · i; /cORPOR/l.TE"'~#' ~ d ~ S E/l. L : ~ ~ ~Fb il. .'" ~_e ~. 1';.: ". P.P.llONA ....& % STATE OF ILLlNO~:<<":"'''''''''~':- .:l'~" 01-;(../ \ ~"-_~ #:? COUNTY OF COOK) "l>.. >, * r.'._- '\;.\Q..~"t:o..~~-- On this 1 Oth day of February, 1995, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duly swcrn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTl!:AQlJ.YYHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. ----------------------- ..... ! . "OFFICIAL SEt\L" 'C'" , CHRJ5TINE ZARE'i S~(Y . UuLli] . / N,tary Public, State of II:,no', \ ,,',. . \ .. :. . _ \ nstlne Zaretsky!. tafY Pubh ( , , 4 nm.sston Exp~res 10-7-96 ,My Commission Expires Octobe 7, 1996 CERTIFICATE -~~~----. L/ 1 ERNATIONAL INSURANCE COMPANY STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Secretary of WASHII,GTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article [II, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. SitIP."," and sealed in the Countv of Cook. oa~he 18T~~y ot MARCH '.... ,/'A,,-.,, / lJi lItill. Lewis M. Moeller, Secretary ,1996 NONCOLLUSTON AFFIDA VIT OF PRIME BIDDER State of ,ieounty of Dennis J. that: Colorado Montrose Vanderwist , being first duly sworn, deposes and says (I) He/She is President (title) of Rainmaker, Ine. , the Bidder that has submitted the attached bid; (2) He is fully informed respecting the preparation and content of the attached Bid and of all peninent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said bidder nor any of its directors, officers, panners, owners, agents, representatives, employees, or panies in interest, including this affiant, has in any way colluded. conspired, connived, or agreed, directly or indirectly with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Contracl for which the attached Bid has heen submitted or to refrain from bidding in connection with such Conrf8cl, or hilS in any manner, direclly or indirectly, sought by agreement or collusion or communication or conference in the attached Bid or IWY other 13lcider. or to fix any overhead, profit or cost element of the B1e1 price or the Biel price of Ilny olher Bidder, or 10 secure through any collusion, conspiracy, connivance, or Illegal agreement any advantage against the O\'.'ner or any olher person interested in the proposed contract: anel (5) The price or prices quoteel in the attached Bid are fair and proper and are not tainted by any - collu510n, consp1racy, conmvance, or tlJegal agreement on the pall of the Bidder or any of liS directors, &ficers, panners, agents, represental1ves,owners,employees, or ponies In interest, lncludlng [hIS affiant. ~ . j \~I 11/, - -+- SIgned fl l:""L-1.L-'-, X/ II"JLI.-/L "LLU---L-J.-/\ ... / ~ / Title President Name of Firm Rainmaker, Ine. Subscribed and sworn to before me this 1 'ith day of r-~;-'"C~ '- ,l_"",~,~ C,;(-;"'>~,-~.fi._,f;.:0~A:;-'~b~;%~:1:tp:.,,.j~~-----' - ~, J~ DiANE GORRO'IO "~---\""---~ \ N.-.....T'" \ " ' - .. '-' ,~,,?y PU3LiC \ ".../ \ ,,", . ,_", STAiE OF COLORADO ,_~~ ,/ _, \ 1 ) \ ' . . -l\'olary Public .-'-;r~,~~"<~-..:-",,v' _. ) - . ~ " -----;....;::~~~~>4\:j;;~i>: My commISSion exp1res: -- March 19~ ,,--' l______~{}( V-- DIANE GORRONO )'~'j END OF SECTION a .. JOB NAME Richarl1 M.. Phel[ls, LlO. 0(,2193 - 13 NC PI;lODUCER The Linden Com~any of Grand Junct~on, Inc. P.O. Box 60130 Grand Junction CO 81506 ~.J..."''U'.J,-...L U~/'::'::/~O THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Janet Neil 970-245-8011 Fax No COMPANY A Employers Mutual Casualty Co. ~. l:'. COMPANY 8 Colorado Compensation Ins Auth The Rainmaker, Inc. 27 N. Willerup Ave. Montrose CO 81401 COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLlCY NUMBER POLlCY EfFECTIVE PDLlCY EXPIRATION LlMITS LTR DATE IMMiDDfYYJ DATE {W:MIDDfYYl ~NERAL LlABILITY GENERAL AGGREGATE , 2,000,000 A X COMMERCIAL GENERAL LlABILlTY 9X9890596 10/13/95 10/13/96 PRODUCTS - COMPiOP AGG '2,000,000 l CLAIMS MADE [lS] OCCUR PERSONAL (" ADV INJURY , 1,000,000 i-- OWNER'S &. CONTRACTOR'S PROT EACH OCCURRENCE , 1,000,000 i-- FIRE DAMAGE [Anyone tirel , 50,000 MEO EXP (Anyone person) , 5,000 ~TDMOBILE LIABILITY I COMBINED SINGLE LIMIT sl,OOO,OOO A ~ ANY AUTO 9X9890596 10/13/95 10/13/96 i-- ALL OWNED AUTOS BODlL Y INJURY , SCHEDULED AUTOS (Perpersonl i-- ~ HIRED AUTOS BODILY INJURY , ~ NON-OWNED AUTOS (PefilCcidenl) I-- PROPERTY DAMAGE , ,~"' ~"IT AUTO DNL Y . EA ACCIDENT , ANY AUTO OTHER THAN AUTO ONLY: . >< ...... EACH ACCIDENT , AGGREGATE , EXCESS LIABILITY EACH OCCURRENCE , ~-UMBRELLA FORM AGGREGATE , OTHER THAN UMBRELLA FORM , A WORKERS COMPENSATION AND T STATUTORY LlMITS '..>>. ..... .......... EMPLOYERS' LIABILITY EACH ACCIDENT s100,000 THE PROPRIETOR/ R'NCL 1532270 01/01/96 01/01/97 DISEASE . POLICY LIMIT $500,000 PARTNERSiEXECUTIVE OFFICERS ARE EXCL DISEASE - EACH EMPLOYEE noo,ooo OTHER , DESCRIPTION OF OPERATIONSfLOCATlONSNEHICLESISPECIAL ITEMS All Operations/All Locations CERTIFICATE HOLDER CAN CEllA TION 0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Aspen, CO ATTN: Golf Dept. 130 S. Galena Street Aspen CO 81611 . 25 S 13/931 . EXPJRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCHflOT}CE SHALL IMPOSE NO OBLlGATlON OR LIABILITY OF ANY KIND UPON THE"66MPA~Y, ITS AGENTS OR RSE:RESE!::ITATIVES. AUTHORIZED REPRESENFTlVE J _ _ / d ). j! Janet Neil '-- -- )~1/~ / .r L (J @ACORD CORPORATION 1993 PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each request for review or approval. Contracts under $2,000 require only Department Head approval. Contracts over $2,OOC require City Manager approval. They do not require competitive bids but require documentation of source selection '.cess. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is .uired. Contracts over $25,000 require City Council approval. Procurement Description: Golf Course Cart Path Construction Project #, 96-23 Budget esti~te: $ $50,000 I s proposed expenditure approved in the Department's Budget? Lli1 Yes L-L "0 Explain process for vendor selection: Invitation to Bid -l /"l( J<;; Dept. Head approval of proposal: ~ (]jJZ " ALL CONTRACTS r Contc,ctoc/Vendoc Selected, ~__ :/ / Dept. Head approval: Cl ty Attorney reVlew: / / / City Manager Approval: Original signed contract documents to City Clp.rl~, Department and to Vendor/Contractor CONTRACTS OVER $2.000 AND UNDER $10.000 2. /1311(/ Z-113/7.6/ :> 1 f /H/ '3 1/5d6/ RFP or ITS Completed: . I! / Eng. or ITB Reviewed by City Attorney: ~~/./~ J / 8"/'It:2::Advertisement OONTRAC7S OVER $10.000 Dept. Review: IJ/f /" ---::/":<):/~ / RFP "11 2. ;'16/ ]" 1 ZS; '/6/ 4~%/ Ocpr. (Attach Advertisement) Contr2ctor/Vendor Selected: Inc. Award letter sent: 3 signed contracts returned by vendor/contractor. / ~erformance and Payment Bonds received ZflCertificate of insurance received _.L--,- Finance Department Review: If 0.0- '-25,000, ---L...----L-I Prcpare Cover memo pnd rcsolutlon for [lty Council Appr-oval. 4 "':Z //fO; - ~~~ 7' lily Attorney ReView "",.,6);..,,,,-,,/,,' ____ _ ____L~I City Manager Approval: ___~__ ."'L C. [>ly Couned Appcovel ' '_.~.L_ / N01,," 10 P,oceed ~__~_____ Ur 191n,,1 $lgned conlrClct documents to CIty Clerk, Department 800 Contractor/Vendor C_._~_____.._. ~____~~______ _.... ......tt_ l Certificate of Insurance 1-111C; C1XrlI'lCi\TI:: IS ISSUED :\5 /-\ tvli\TTER OF INFOI{,\li\ nON ONLY i\ND CONI'!:I':::; NO RICHTS UPON YOU THE CERTII'lC:\TE HOI_DER .\;'-j INSUI{,\NCF I'UUCY AND DOES NUl "'.\IEND, EXTEND, Ol{ i\UF:R THE CO\T.l{i\CI,: I\ITORDEIJ 1:1' THI~ POLICIES LISTED liELOW TI-IIS CFI~T1FlCA n. IS NOT ~-- Name and address of Insured, It LIBERTI ':- MUTUAL~ .. TNs is to Certify that .-LAM CONSTRUCTION INC & :.LUETOP ENTERPRISES INC 1225 SOUTH 7TH STREET l ~:AND JUNCTION CO 81501 __J Is, at ttle issu,e date of ttlis certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by tlle listed policy(ies) is subject to all their ~erms, exclUSions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be Issued --l EXP.DATE '0 CONTINUOUS TYPE OF POLICY 0 EXTENDED POLICY NUMBER LIMIT OF LIABILITY ---------.- .---- ~.J'9L1CY TEHM____ ---- ------------- -. - ------""~--- WORKERS COVERAGE AFFORDED UNDER we EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION Bodily Injury By Accident 07/01/96 WC7-191-418482-015 500,000 Each COLORADO Accident Bodily Injury By Disease 500,000 Policy limit Bodily Injury By Disease 500,000 Each Person GENERAL General Aggregate ~ Other than Products/Completed OperaTIons LIABILITY -- , 0 OCCURRENCE Products/Completed Operations Aggregate 0 CLAIMS MADE Bodily Injury and Property OamaQe Liability Per Occurrence -- /e Personal and Advertising Injury iETRO DATE Per Person/ I Organization Other lather -----.-----.--------.. - - - AUTOMOBILE Each Accident - Single Limit LIABILITY B.l. and P.O. Combined , [.I OWNED Each Person 0 NON-OWNED Each Accident or Occurrence 0 HIRED Each Accident or Occurrence OTHER ----~_._-----_._-_.- ---- ADDITIONAL COMMENTS RE: ASPEN GOLF COURSE CART PATH CONSTRUCTION PROJECT, ASPEN, CO. I, . If the certificate expiration date is continuous ciC~xtended term, you will be notified if coverage is terminated or reducro before the certificate expiration date, SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACiliTATING A FRAIJ'D AGAINST AN INSURER. SUBMITS AN APPliCATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAU::". Liberty Mutual Group NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW,) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POliCIES UNTIL AT LEAST 30 DAYS eYe OF SUfft~A~~~LA~~N ':~;~~ ~AI~E~~~RADO 130 W. GALENA STREET ASPEN, COLORADO 81611 --I ~h,~vo- THER~ACCA AUTHORIZED REPRESENTATIVE CCRTIFK:ATE HOLDER ~ OFFICE (303) 799-0818 PHONE NUMBER 4/2/96 ENGLEWOOD ;'!li~ (('I-tl." i" l'\l'C-'.Itc',:1 bl' UI\FI~T\. r-"lUTl i\L CI{OUP ,b I'esf~'-'cts such ill~ur.lIKt' ilS b 'lifordcd LH ThlN. C:()rn~'illlil's nATF ISS! IFf> liS ;--~I 1':'= __a~__.~_ A~~'IDI~m~o CERTIFiCATE OF INSURANCE PRODUCER HRH of Denver 455 Sherman Street, ..a. Box 9364 ( . nver, ca 80209 INSURED Suite 390 DATE (MMfDDfYY) 3/29/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AMENO, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY AU.S.F.& G. COMPANY B Elam Construction, Inc. 1225 South 7th St. Grand Junction, ca 81501 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDrTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBE: POLlCYEFFECTIVEil'~~~ICY EXPIRATIONI DATE(MMfDD/YY) DATE(MMfDDfYY} I 10/01/95 ! 10/01/96 GENERAL AGGREGATE '2, OQ9, O.OJL I ~F19_'?_LJ_c:_T~_~_,?~_~f_O~ AGG$~_LQ_Q.o.1_0 00___ ~ERS~_~~~~~_INJU_~~__!..l_LQJ!,Q.LO 0 Q_ EACH OCCURRENCE ~1__r~Q.QJ__9_Q~ FIF1E_[),!\_~_~~_Ej~!1Y one fire) $ ;;9 r 0.0 Q__ MEDEXP(Anyoneperson) $ 5 000 I X ' UMBRELLA FORM I OTHER THAN UMBRelLA FORM! ! CO LTR A : GENERAL LIABILITY [X._____.bIC..()_MMERCIAL GENER..A. LLlABILlT I . ..JCLAIMS MADE I.J(J OCCUR ___ _, WNER'S & CONTRACTOR'SPRO . I , A AUTOMOBILE LIABILITY ANY AUTO -! ALL OWNED AUTOS SCHEDULED AUTOS X ! HIRED AUTOS Ja.... IX! NDNOWNED AUTOS _I-u : GARAGE LIABILITY I ANY AUTO A EXCESS LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETORI PARTNERSfEXE CUTIVE OFFICERS ARE: OTHER COMPANY C COMPANY D LIMITS 1MP30093661402 1MP30093661402 10/01/95 10/01/96 COMBINED SINGLE LIMIT 11,000,000 BODIL Y INJURY (Per person) i$ 1MP30093661402 10/01/95 10/01/96 BODILY INJURY is l{peraCcidenl) I I PROPERTY DAMAGE is ~.!:!.~_2~~'l'.EA ,,,,CCI Dl::_t:'i_:r_I_~_____ ?_:r~_~F1_ ~-;~~-~-~~~~DNEL~~:_I.~ AGGREGATE S EACH OCCURRENCE ~_?J.Q.QQLO QQ___ !AGGREGATE ~_:)__I_Q_o.Q,..oO_O__ 1--- INCL i EXCLI i I I I S:r~:rI!:rgF~YLlMITS ] EACH ACCIDENT S DISEASE.POLICYLIMIT S ,-~;;~~SE -EAC~~~~L~Y~E-I S DESCRIPTION OF OPERATIONSfLOCATIONSIVEH1CLES/SPECIAL ITEMS RE: Aspen Golf Course Cart Path Constrpction Project, Aspen, ca Cert holder, its officers and employees, is add'l ins'd for gen'l liab. (See Attached Schedule.) J . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE e " . City of Aspen, Colorado 130 S. Galena St., Aspen, ca 81611 ACORD 25.S (3/93)1 of 2 OF ANY KIND UPON TH AUTHORIZED REPRESENT DESCRIPTIONS (Continued from page 1.) INSURED: Elam Construction Co. CERTIFICATEHOLDER: City of Aspen, Colorado .,r ncellation clause is amended to read: Should any of the above F cribed policies be cancelled before the expiration date thereof, .... e issuing company will mail 10 days written notice to the Certificate Holder. 10 days notice will be given for non-payment of premium. - It CISGEM 25.2 (3193)2 of 2 #S19 6 24 M18 9 70 ELAM CONSTRUCTION, INC. . 1225 ~()~th 7th Street, Grand Junction, CO 8150,lag Principal, hereinafter called the Contractor, .. and FIREMEW::?...l.Ii!,sURANCE COMPANY OF NEWARK, NEW JERemy ,as Surery. with general offices in New York, New York ,a corporation organized under rhe laws of the $t<;te oC..New Jersey and authorized to transact bUoines!< in the State of Colorado , are hereby bound unto* as OBLIGEE, hereinafter called the OWNER, in the penal sum Qf Seventy Nine Thousand Nine Hundred Eighty Eight and 55/100 DOLLA RS ($ 79,988.55 ----..1 in Umted Scates currency for rhe payment of which sum the Contfacror and Surery bind themselves, their heirs, e.xecutors, administnltors, successors, and assigns, joindy and severally. * CITY OF ASPEN, COLORADO, 130 South Galena Street, Aspen, Colorado 81611 WHEREAS. the Contractor has entered inro a written contract with the OWNER dated March 26th _' 1991ifor Asoen Golf Course Path Construction Proiectin accordance with plans and specifications contained in the contracr, a copy of which comract is attached herem and made a pan hereto and is hereinafter referred to as the Conrract; PERFORMANCE BOND Bond No. 138053406 NOW, THEREFORE. the conditions of this Performance Bond are such that, if the Conrractol' shall satisfactorily perform the contract, thcn this bond shall be null and void; uthcrwi~e, the Surety shall pay the full amount of this penalty bond. e In addition. if the Contractor or his subcontractor shall fail to duly pay for ~ny labor, materials, te:\m hire, sustenance, provisions, provender, or other supplied used or consumed by such COnlr,U;iOr or his subcontractor in performance of rhe contract or shall fail to duly pay any petson who supplies rental machinery tools Or equipment all amo"ntS due a~ the result of the "se of such machinery luuls or equipment in the prosecudon of the work, then the Suret)' shall pay the same in an amount nor exceeding the sum spcdfied in the bond together with interest at a "He of eight Ull percent pe" annum. niE UNDERSIGNED SURETY for value received hereby '-lgrees that no eXlcnsion uf lime, change in, addition to, or other modification of the terms of the Contract or work. lO be performed [hereunder or of the specifications of the contract documcnt!< shall in any way affect its oblig:.rion on this b(~nd (lnd the Surely doc, hereby waive notice of any such extension of drne, change. addirion, Or modific.jtions. (Any action agninst the Surcty on this bond shall be brOlJght no brer lhan tWO (2) years from the date fixed for final settlement of the conrract.) EXECUTED on this 1st day of April ,19 9q /".f A IlJ \OJJ/J ~ Al1es~ ~ Tide: Ass is tant Secreta ry Tirle: Harold F. Elam President FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY SU~ETYC~1PANY L/ 8y.6 .I!~i 7~ A!tomey-ln-F3Cl I eleste Moore END OF SECTION HRH/TALBERT FirefT1s~IS'I:.:;. Cn. ::::f . ':,lJ e @ (Formerly The Talbert Corporntioul i.':J:< -j"? .:J': P.O. Box 9364. Denver, CO 80209-0364 Phoue, 303-722.7776 FAX 303.722.8862 Deii\"8 C:C':.' ;:,:~.'~::'1l-CB;~J) Surety Bonds and Insuranco JOB NAME 062193 - II PFB ELAM CONSTRUCTION, INC. .e:..... 1225 South 7th Street, Grand Junction, c.o 81501, as Principal, hereinafrer called rhe Contra. ,ctor, t and ..LlJl.E~EN'S INSURANCE COMPANY OJ:: NEWARK, NEW JERSEY . as Surety. with genem! offices in New York, New YOLk . a corporation organized under [he laws of the State of New JeLsey and aurhorized to transact business in the State of .j;;olor'ado ,are hereby b\lund --unto CI.']J' OF ASPEN, COLORAIXJ , as OBLIGEE. hereinafrer called the OWNER, in [he penal sum of Seventy Nine TI1on"-,,frl Nine HundCf'<'! Riahty * DOLLARS ($ 79,988_55 - ) in United Starcs cUITcncy for rhe payment of which sum the ConrractOT and Surety bind themSelves, their heirs, execurors, ndminisrrators, successors, and assigns, jointly and sevemlly, * Eight and 55/100 WHEREAS, the Contractor has entered into a written conrracr with the OWNER dated March 26th, 1922... for Asp<;n Golf Course Path Construction proi .in accordance with plans and Sjlecifications contained in the contraCt, a copy of which contract is attached hereto and made a pan hereto and i, hereinafter referred 10 as the Conrracl; . f.A YMENT BONO Bond No. 138053406 NOW. THEREFORE, lhe conditions of this Payment Bond are such that, if rhe Conrractor shall at aJI times promptly make payments of all amounts lawfully due to all persons supplying or furnishing him or his subcontractors with labor or material. rental machinery. tools, or equipment used or performed in the prosecution of the work provided fOT in the COntraCt and shall indemnify and save harmless the OWNER to the extent of any payments in connection wilh the perfonnancc of such contracts that the OWNER may be required to make under law, then this obligation shall be null .lnd void; otherwise. the Surety shall pay the full amoum of this penalty bOnd. THE UNDERSIGNED SURETY for value received herebv agrees rhill no extension of time, change in, addition to, or othcr modification of the;> terms of the cQnrra~t.or work to be perfonned thereunder or;f the 'l'ecificadons of the contract documents shall in any way affect its obligation on this bond and rhe Surety docs hereby waive notice of any such extension or time, ohangc. addition. or modillcalions. '. (Any action against the Surcty on this bond shall be brought no later than twO (2) years from the date fixcd for .final settiemem of the conrracl.) EXECUTED on this 1st day of April ,1996. ELAM CONSTRUCTION, INC. CO~:A/9~~d: .__ Bv~/ ~./. '/ Attesl~~ IV~ Title: Ass i stant Secretary Tid~ Harold F, Elam President FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY SURETY llPANY~ B~': ,t '-~ Attorney-In-Fac[ .celeste Moore END OF SECTION HRH/TALBERT Fir~3rncn!8 ln~,. ,:, i\!! @ (Fonncriy The Tllfben Corporation} \-', '../ :.../.,~") /::-:>~(.~ e P.O. Box 9364, Denver, CO 80209-0364 Phone, 303-722-7776 FAX 303.722.8862 Surely Bonds and Insurance [)snVCf, C>..~. ,:/":~:~'i / JOB ,'<AME 06219} - 12 ?:vIB m IIICIIICU ~ Ii 1~I..U.olII'l1t: \...Uill~ai I}I UI l'IIt:'ItV.olrl4., 1'Ilt:W h;:ji'eY GENERAL POWER. Of ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY :/,,"s made, constituted and appointed, and by these presents does make. constitute and appoint Celeste Moore of Denver, Co(or8do its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contrads of suretyship to be given to All Obligees provided that no bond or undertaking or contrad of suretyship executed under this authority.shall exceed in amount the sum of Five Million (5,000,000) Dollars ThIS Power of Altorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolulion adopted by the Boord of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th day of January. 1989: "RESOLVED, fhallhe Chairm.m of the Board. the VICe Chairman of the Board, the President an E.x.eculi...e VtCe President or oil Senior VICe President or a Vice President of the Comp.my, be, and that eilch Of any of them hereby is, authorized to execute POWer'; of Attorney qwlifying the attorney named in the given Power of Mtomey 10 execute In behalf of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bonds, undertakings and all conlrac1s of suretys~'lIp: and thai an Assistant VICe President, a SecreL3ry or an Assislant 5ecreUty be, ar.d th.:it each Of any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of too Company. FURTHER RESOLVED, thaI the signatures of such offlce1'!. and Ihe seal of the Company may be affixed 10 any such Power of Attorney or 10 any certificate relating thereto by faormi~, ar.d any such Power of Attorney Of certiflcate beanng such facsimile signatures Of facsimile seal shall be valid ,md binding upon the Com~ny when so affi:(e-d and in the future with respect 10 .any bond, undertaking Of contract of suretyship to which i1 is attached." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and altesled by one of its Assistanl Vice Presidents this 7 day of May 19 90 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY eltest: [);(~ By DL Banta, ksistanl VICe PresKlent L- :1.6.~ Emil B. .&..skew, VICe Presidei'll STATE OF CONNECTICUT COUNTY OF HARTFORD } "-' On this 7 day of. ~ay . ,19 9(J before me personally came Emil B. Askew, to me known, who being by me duly sworn, did depose and say thai he IS a Vice PreSident of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation deSCrIbed in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 1~~!.fL NOTARY PUBLIC My Commission Expire-s March 31, 1993 CERTIFICATE I, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY. a New jecsey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and funhermore that the Resolution of the Soa,d of Directors, set forth in the said Power or Attorney, is now in force. e Signed and sealed at the town of Farmington, the State of Connecticut. 21 ROr--.;O ~Jl'il Dated the 1st / ~ of April, 19 96 },>~,"~ Pnnte-d m us ~. .4 CONSTRUCTION AGREEMENT THIS AGREEMENT, made and entered into, this 1.L day of March __, 19%, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and EIGm Construction , hereinafter referred to as the "ConITactor". The Project is: Aspen Golf Course Path Construction Project' The Architect is: Richard M. Phelps, LTD The Owner and ConITactor agree as set forth below: ARTICLE 1 THE CONTRACT DOCUMEt'ITS !',_ 1.1 The ConITact Docum, entsconsist 0, f thi,s .constnJctl,' o~ Agreeme?t, Conditions o~ the Contract '. (General, Supplementary 'and other COndItlOns), DrawIngs, SpecJ.ficatIons, the CIty'S Request for Qualification Statements, Contractor's Qualification Statement, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these fonn the Contract, and are as fully a pan of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents is inconsistent with this Agreement, this Agreement shall govern. ARTICLE 2 THE WORK OF THIS CONTRACT 2.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, and more specifically, architectural, structural, mechanical, electrical engineering which will be the responsibility of City of Asoen , as described in the Contract Documents, It e e e -~--~-~-~ . . ARTICLE 3 RELATIONSHIP OF THE PARTIES 3.1 The Contractor a=pts the relationship of trust and confidence establisherl by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers, materials, equipment and supplies; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owne:-. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with requirements of the Contract Documents. ARTICLE 4 DATE OF COM1\1L'KEvffi"IT Ai'lD SUBSTANTIAL COMPLETION 4.1 The date of commencement and date that Contractor shall achieve Substantial Completion 0:' the entire Work shall be the dates to be fixed in a Notice to Proceed issuerl by the Owner and within ten (10) days. of issuance of a building permiL ARTICLE 5 CONTRACT PRICE 5.1 The Owne:- shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Price consisting of the Cost of the Work as defined in Sections 11.4 and Section 11.5 of the General Conditions and the Contractor's Fee determined as follows: One Hund red percent (100 %) on the Cost of the Work. Change Orders will be charcred at Ten percent aD _%) on Subcontractors and One ~undredpercent (l:JU %) for work performed by Contractor. 5.2 GUARA1"ITEED MAXIMUM PRICE 5.2.1 The sum Sf tlie Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed Dollars ($ 79,988,55 ), subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum 2 e . e Price, Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. ARTICLE 6 CHANGES IN THE WORK 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Article 11 of the General Conditions. ARTICLE 7 COSTS TO BE REIMBURSED 7.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shail be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth at Article 11.4 of the General Conditions. ARTICLE 8 COSTS NOT TO BE REIMBURSED 8.1 Tne Cost of the Work shall not include those items set forth at Section 11.5 of the General Conditions. ARTICLE 10 SURCONTRACTS AND OTHER AGREEt\1EJ.'ITS 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Contractor will then determine, with the advice of the Owner and subject to the reasonable objection of the Architect or Owner, which bids will be a=pted. The Owner may designate specific persons or entities from whom the Contractor shall obtain bids; however, inasmuch.2.5 a Guaranteed Maximum Price has been established, the Owner may not prohibit the Conq-actor from obtaining bids from others. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. The Contractor shall not contract with anyone to whom Owner or Architect has reasonable objection. 3 a ., e e ARTICLE 11 ACCOUNTING RECORDS 11.1 The Contractor shall keep full and detailed accounts and exercise such controls as may be nece5sary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Contractor's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Contract, and the Contractor shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 12 PROGRESS PAYIYfEl'ITS 12.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 12.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 12.3 Provided an Application for Payment is received by theOll7n,er- not later than the first day of a month, the Owner shall make payment to the Contractor not later than the tenth day of the following month. If an Application for Payment is received by the OWrte,- after the application date fixed above, payment shall be made by the Owner not later than fifteen days after the Architect receives the Application for Payment. 12.4 With each Application for Payment the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or ex=d (l) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment; plus (4) retainage provided in Subparagraph 12.5.4, if any, applicable to prior I progress payments. 12.5.1 Each Application for Payment shall be based upon the most recent schedule of values submitteD by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the work, 4 e e e - -.. """"'!IUfuJIl except that the Contractor's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 12.5.2 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the CDntractor on a=unt of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 12.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 12.5.3.1 Take that portion of the Guaranteed Maximum Price properly allocable to ccmpleted Work as determined by multiplying the percentage ccmpletion of each portion of the Work by the share Df the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending fInal determination of cost to the Owner of changes in the Work, amounts not in dispute may" be included as provided in the General Conditions, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. 12.5.3.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incDrporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. 12.5.3.3 Add the Contractor's Fee, less rewnage of ten percent (10%). The Contractor's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Para",onph 5.1. 12.5.3.4 Subtract the aggregate of previous payments made by the Owner. 12.5.3.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.4 to substantiate prior Applications for Payment,!, or resulting from errors subsequently discovered by the Owner's a=untants in such documentation. J 12.5.3.6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in the General Conditions. 5 e e e 12.5.4 Additional retain age shall be as set forth in the Supplemental Conditions. 12.7 Except with the Owner's prior approval, payments to Subcontractors included in the Contractor's Applications for Payment shall not exceed an amount for each Subcontractor calculated as follows; 12.7.1 T3..ke that portion of the Subcontract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Subcontractor's Work by the share of the total Subcontract Sum allocated to that portion in the Subcontractor's schedule of values, less retainage of ten percent (10 %). Pending final determination of amounts to be paid to the Subcontractor for changes in the Work, amounts not in dispute may be included as provided in the Gene::al Conditions even though the Subcontract Sum has not yet been adjusted by Change Order. 12.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitably stored at the sire for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing, less retainage of ten percent (10%). 12.7.3 Subtract Subcontractor. the aggregate of prevIOus payments made by the Contractor to the 12.7.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment by the Owner to the Contractor for reasons which are the fault of the Subcontractor. 12.7.5 Add, upon Substantial Completion of the entire Work of the Contractor, a sum sufficient to incre:J.Se the total payments to the Subcontractor to one hundred percent (100%) of the Subcontract Sum, less amounts, if any, for incomplete Work and unsettled claims; and, if final completion of the entire Work is thereafter materially delayed through no fault of the Subcontractor, add any additional amounts payable on a=unt of Work of the Subcontractor in a=rdance with the General Conditions. 12.8 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 12.9 In taking action on the Contractor's Applicationl> for Payment, the Architect shall be entitled to rely on the accuracy and completeness of thdnformation furnished by the Contractor. I 6 e e e ARTICLE 13 FINAL PAYMENT 13.1 Final payment shall be made by the Owner to the Contractor when (I) the Contract has been fully. performed by the Contractor except for the Contractor's responsibility to correct defective or nonconforming Work, as provided in the General Conditions, and to satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Contractor and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect within seven (7) days of Contractor's request; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's fmal Certificate for Payment. 13.2 The amount of the final payment shall be calculated as follows: 13.2.1 Take the sum of the Cost of the Work substantiated by the Contractor's final a~ounting and the Contractor's Fee; but not more than the Guaranteed Maximum Price. 13.2.2 Subtract amounts, if any, for which the Architect withholds, in whole or in pan, a final Certificate for Payment as provided in the General Conditions or other provisions of the Contract Documents:. . . 13.2.3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Contractor, the Contractor shall reimburse the difference to the Owner. 13.3 The Owner's accountants will review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Owner by the Contractor. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Contractor's final accounting, and provided the other conditions of Paragraph 13.1 have been met, the Owner shall, within seven days after receipt of the written report of the Owner's accountants, either issue to the owner a final Certiii.cate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Owner's reasons for withholding a certificate as provided in the General Conditions. The time periods stated in this Paragraph 13.3 supersede those stateU in the General Conditions. I 13.4 If, subsequent to final payment and at the Owner's request, the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred. prior to final payment, but not in 7 e .. . """"'........ excess of the Guaranteed Maximum Price, if any. If the Contractor has participated in savings as provided in Paragraph 5.2, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 14.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 15 TElliYfINATION OR SDSPEi\'SION 15.1 The Contract may be terminated by the Owner for cause as provided in Article 15 of the General Conditions;' however, the amount, if any, to be paid to the Contractor under this Agreement shall not cause the Guaranteed Maximum Price to be ex=ded. 8 te This Agreement is entered into as of the day ~d y= first written above and is executed in a . least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. CONTRACTOR d ChTION' INC. Attest~ /l) ~ By: ,~~;? / ~- Assistant Secretary Signature Harold F. Elam President Name & Title '_ AtTEST: .. Kathryn K. Koch, City Clerk ~, . 9 PROCUREMENT CONTRACT ROUTING SLIP AND Cl'IECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each requesl for review or approval. Contracts under $2,000 require only Department Head approval. Contracts over $2,00C require City Manager approval. They do not require competitive bids but require documentation of source selection ,a." rocess. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process IS "A[uired. Contracts over $25,000 require City Council approval. All CONTRACTS Procurement Description: Golf Course Tee RphllilrJlT,pvplinE Prnjprr Project #: 96-25 Budget estimate, $ 30,000 Is proposed expenditure approved in the Department's Budget? LX1 Yes L-1 "0 Explain process for vendor selection: Tn'7i~R~inn ~n Rirl ~/~~~ Dept. Head approval of proposal: ~~~. CONTRACTS OVER $2,000 AND UNDER $10,000 Contractor/Vendor Selected: I I / Dept. Head approval: / City Attorney review: / / I City Manager Approval: Original signed contract documents to City Clerk, Department and to Vendor/Contractor 2. )3/ 9'& !-/3 db/ .3 II Ir{; J rlJ1'Ib/ CONTRACTS OVER $10.000 -"I/?./161 :5 Iz?./161 :5 /2.8; '16 RFP or ITB Completed: I I / Eng. Dept. Revie....: RFP or ITB Reviewed by City Attorney: ~~~)~~ ,,, Advectis7f f) I ~ 2nd Advertisement Sid OpenIng: .. ~ . Contcoctoc/Vendoc Selected, LtE~; (~.' (,(~e 'm e- A..f'fOC I a.re5 Dept. Head approval: _ ____ _ " t..I.'ard lctter sent: '" AJ~f ,.:/1// / ' (Attach Advertisement) 3 signed contracts returned by vendor/contractor. . Wn'Vh !~',ec. '---J..' Performance and,Payment Bonds recclved_ ....f ...,). ~ CertIficate of lnsurance received ~~I ~lnance Department ReVIew: If Over S2S,OOG, I / Prepare Cover memo and ,7/// Attorney Rcviel-l. -.L4'kJY-'-__ resolution for City CounciL Approval. 413//6/ c 'y ~/7~c,Y :' . -:,g_iro' I City Manager Approval: Council ApprovaL --.I / I NotIce to Proceed signed contran documents to City Clerk, Department and Contractor/Vendor - e e -_ -.......liD........ Leisure Time 2702 East Mountain View Phoenix, Arizona 85028 16021992.5916 3901 South Carr Street DerNer. Colorado 8023S 13031988<9109 TO: Mr. Richard COlombe, eGGS, Project Co-ordinator DATE: March 15, 1996 FROM: stan CichUD~ec RE: Tee leveling and Construction #7 Tee project EnclOBed please ~~nd our bid for the tee leveling and construction of #7 tee. Per the bid specification, we have li8ted the unit pr~ce for additional 70/30 rootzone mix and sod should it be required. We have also submitted two (2) alternates for your con~ideration. I~ you have any que~tions please call. We look forward to working with you on this project. stan 1~1-e' Tot,,! M<Hlt1ljC'111(IH Cunlp,lny e - tit Leisure Time 2702 East Mountain View Phoenix, Arizona 85028 (6021 992-5916 3901 South Can Street Denver, Coloraoo 80235 13031988-9109 TEE LEVELING & CONSTRUCTION OF # 7 TEE CITY OF ASPlilN GOLF COURSE Comple'te the leveling of the tees as listed on the "r<lqu,",,,,t -for propO!1U". Re!OOve the ex1.sti.ug #7 Championship tee and construct the new tee from the plans provided. Lump sum investment for the above project: $31.637.00 Unit Pric~ 1) supply & install a~tional 70/30 rootzone mix on tees with unacceptable existing 80i1. Per ton $53.08 2) Supply & install additional bluegrass sod as requested by the owner. Per sq.ft.$ .90 3) Level additional tee surfaces and install sod on tees as requested by the owner. Per sq.ft.$ 3.95 Alternate 1) Deduct maintenance of new Bod. Lump sum: $1,734.00 2) Deduct, performance & payment bond Lump sum: ~1,50Q.OO SUPPLIERS/SUBCONTRACTORS Rootzone Mix Sod supplier Tectonic supply Mountain Blue turf 880-2454 963-3990 Tom Briddle Andy Taylor No subcontractors shall be used for this project. Submi tted by: ~ J- (, ~ stan Cichuniec ~ Date I(Q"eI; (5-19 90 1!X': TOli'l1 1\r1an('9cmel,t CUIllp,'Ir,)' I'RODlIClm -- INSlIRED BURGESS INSURANCE AGENCY 9100 WEST JEWELL AVE #100 P.O. BOX 150037 LAKEWOOD CO 80215-0037 03126196 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER American States Insurance Co. COMPANY B LETrER Leisure Time Associates 10298 W Layton PI Littleton, Colorado 80127 COMPANY C LETrER COMPANY D LETrER COMPANY E LElTER CO LT~ - THIS IS TO CERTIFY TIlAT TI-IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO nIE INSURED NAMED ABOVE FOR TIlE POLICY PERIO INDICATED, NonvrrnsTANDING ANY REQUIREM:ENT, TERM OR CONDiTION OF ANY CONlRACT OR OTI-IER DOCUMENTwm-I RESPECT TO WHICH HI CBIUIFICATE MAY BE ISSUED OR :i\ilAY PERTAIN, THE L"JSL'RANCE AFFORDED BY mE POLICms DESCRIBED HEREIN IS SUBJECT TO ALL lliE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLATh1S. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTlVE POLICY EXPIRATION DATE (MMIDDfYV) DATE (MMIDDIYY) : LIMITS A BODILYINIURY (Perpcrson) GENERAL AGGREGATE PRODUCTS-COMP/OP AGGR. 1,000,000 GENERAL LIABILITY COMMERCIAL GENERAL UABILITY CLAIMS MADE X: OCCUR. OWNER'S & CONTRACTOR'S PROT. 04101/95 04101/96 50,000 10,000 0lCC75397660 FIRE DAMAGE (Anyone fire) MED. EXPENSE (Anyone person) $ AlITOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS : SCHEDULED AlrrOS : Hill.ED AUTOS : NON-OWNED AUTOS : GARAGE LIABILITY BODlLYlNJURY (Peracddenl) PROPERTY DAMAGE EXCESS LIABILITY U/lfBRELLA FORM alliER lllAN UMBRELLA FORM \-\'ORKER'S COMPENSATION AND EMPLOYERS'LIABILlTY DISEASE-EACH EMPLOYEE OTHER A Scheduled Equipment See Below 0lCC75397660 04101195 04101196 DESCRWTIO:-; OF OPERATIONSfLOCATIONSNEHICLES/SPECIAL ITEMS SHOULD ANY OF TIlE ABOVE DESCRIDED POLICIES BE CANCElLED BEFORE TI-IE EXPIRATION DATE ll:lEREOF, THE ISSUING COMPANY WIll. ENDEAVOR TO MAIL 11L- DAYS WRfITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO HIE LEFf, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OnLIGATION OR LIABILITY OF ANY KIND UPON '11-IE COMPANY. ITS AGENTS OR REPRESENTATIVES. City of Aspen, Golf Dept. Attn: Richard Coulombe 130 S. Galena Street Aspen, Colorado 81611 199&a5U/220C4CC IPZH lOCI _.~-- - - e CERTIFICATE OF INSURANCE issued by the COLORADO COMPENSATION INSURANCE AUTHORITY 720 South Colorado Blvd, Denver, Colorado 80222, (303) 782-4000 MAIL TO: CERTIFICATE HOLDER: CITY OF ASPEN AlTN RICHARD COULOMBE 130 S GALENA ST ASPEN CO 81611 CITY OF ASPEN AlTN RICHARD COULOMBE 130 S GALENA ST ASPEN CO 81611 TO WHOM IT MAY CONCERN: POLICY NUMBER: INSURED: 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") LAURA A ~:J..~ C.A.U. REP II IlUI7a2-4JCa UPDATED 1/95 P26701 - It e SERVICE AGREEMENT THIS AGREEMENT made this .22..acPaY of March , 199..2..., by and between the City of Aspen ("City") and the Contractor identified hereinbelow. WITNESSETH, that whereas the City wishes to purchase the services described hereinbelow and Contractor wishes to provide said services to the City as specified herein. NOW THEREFORE, in consideration of the following covenants, the parties agree as follows: CONTRACTOR ~,Leisure Time Associates ADDRESS, 10298 W. Layton Place Littleton, eolorado 80127 IDITACT PERSOW, Stan Ci c h un i ec PHOOE IlLI<Bl'RS HrnE,303-933-4166 \KXlK, 303-979-1101 SOCIAL SEaJRITY IMffiER DR FEDERAL 1.0. IMffiER, 84-1154738 DESCRIPTION OF SERVICE Level 11 existing tees & lay new blue/rye sod on all disturbed areas. Rebuild new #7 gold ,pp DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED Mobilize by May 1, 1996 Shoot ~rades & strip sod off tees to be leveled 5/6 thru 5/8 Begin leveling operation 5/9 Complete leveling 5/15 Sod tees 5/15 thru 5/22 Initiate construction 5/9; ins hall new irrigation 5/14; sod & complete 5/24; remove debris to approved dump site 5/23. tee All dates subject to weather condition. No work is scheduled to be completed on weekends at this time. DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION !e Materials & mobilization to be invoicp.rl upon complprinn of mobilization & delivery of materials. Balance to be invoiced upon comoletion of projpct please invoice usinq City's Purchase Order Humber: AMENDMENTS TO GENERAL CONDITIONS - The parties acknowledge and understand that this Service Agreement is, except as specifically amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A" and by this reference made a part hereof. Having agreed to the above and foregoing, the parties hereto do affix their signatures. Contractor: By: /t~-, By: )r~,n"'" -?C> (]U:o~jj...",-'?LL~~"j Title: Partner Approved by the Clty~en Department DIrector' . 1,'7 Bv' ~ \. ~ - ..... ---, SrvAgr.bid - Vr:r.\ioo 5/92