HomeMy WebLinkAboutresolution.council.020-96
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RESOLUTION NO.
(Series of
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1996)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO, AND GOULD CONSTRUCTION, SETTING FORTH THE TERMS AND
CONDITIONS REGARDING THE EAST COOPER AVENUE STREET IMPROVEMENTS,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a
contract between the City of Aspen, Colorado, and Gould
Construction, a copy of which contract is annexed hereto and made
a part 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
that contract between the City of Aspen, Colorado, and Gould
ConsL.L. Johnson Distributing Company regarding the East Cooper
Avenue Street Improvements, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager
to execute said contract on behalf of the City of Aspen.
Dated: ~ c:J~ , 1996.
~ (?-A-~--
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
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resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held Op/'LL =?~ , 1996.
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PROJECT NO. 15-001
BID NO. 96-01
2:00 P.M.
OPENING DATE
APRIL 10. 1996
CONTRACT DOCUMENTS
FOR
GENERAL CONSTRUCTION AND PUBLIC WORKS
FOR
THE CITY OF ASPEN, COLORADO
EAST COOPER AVENUE STREET IMPROVEMENTS
FOR INFORMATION, CALL: 920 - 5 0 8 ei
M96.104
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TABLE OF CONTENTS
Advertisement for Bids and Request for Bids
Instructions to Bidders............... _ . . . . . I.
.............1-5
General C'ondi tions - Table of Contents. .'1. . . . . . . .
. . . . . .:. .6
General Condi tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .7-25
Bid Bond................................................. BBl-I3B2 *
General Contractor Qualification Statement. ........... .._QS1-QS5*
Contractor's Proposal.................................... CP1-CP6*""~
Liquidated Damages and Failure to Complete Work on
Time Agreement............................. . . . . . . . . . . . . . LDl *
Affidavit of Compliance..................................... .AC1*
Contract for Construction.................................Cl-C4**
Performance Bond................................ ....... .PB1-PB3**
Labor and Material Payment Bond.......................PYB1-PY~4**
Maintenance Bond................................ . . . .. . . .MB1-MB2**
Contractor's License Application................ ............ .Ll**
Claim Release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CRl * * *
Change Order................................................. '. COl
Special Conditions............................... ........SC1-SCll
NOTE:
Page markings:
Contractor should execute pages
prior to submitting sealed bid.
*
**
Contractor should execute pages
following award of bid and prior to
construction.
*** Contractor should execute pages
during final stages or completipn
of work and prior to release of
retainage.
H96.105
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CITY OF ASPEN
ADVERTISEMENT FOR BIDS
AND INVITATION FOR BIDS
Project No.
15-001
Bid No.
96-01
Sealed proposals will be received by the City of Aspen, Colorado,
at the office of the City Clerk, 130 South Galena Street, Asp$n,
Colorado, until 2:00 P.M. , April 10. 1996 , at which time t~ey
will be publicly opened and read in the Sister Cities meeting
room. Bidders are invited, but not required, to attend the
opening.
A pre-bid conference will be held at the City Hall, City Council
Chambers, Aspen, Colorado, Wednesday, A9ril 3. 1996. at 1:30 PJM.
Bidders are invited to attend and convey their questions
regarding the plans and specs.
Bids shall be in a sealed envelope, plainly marked "Bid No. 96-
01. East Cooper Avenue Street Imorovements Project" and addressed
to:
City of Aspen
City Clerk's Office
130 South Galena Street
Aspen, CO 81611
Hand carried bids shall be delivered to the City Clerk, 130 South
Galena Street, Aspen, Colorado.
Plans & Specifications may be picked up on or after March 28.
~ at: Engineering Department, 130 South Galena Street,
Aspen, Colorado. A deposit of $30.00 in terms of company check
or certified check only is required for each set of plans &
specifications picked up, refundable if the complete set or sets
are returned in good condition. All refunds shall be requested
following bid opening and prior to April 26. 1996 No partial
return or refund will be allowed.
The work for which the proposal is requested consists of:
INSTALLATION OF STORM SEWER. INLETS. CURB AND GUTTER. SIDEWALK.
HANDICAP RAMPS. ASPHALT PAVING. AND PAVEMENT MARKING.
Preference is given to labor, materials, supplies, or provisions
produced, manufactured or grown in Colorado, quality being equal
to articles offered by competitors outside the state. A resident
bidder will be allowed a preference against a nonresident bidder
from states other than Colorado or f9re~gn countries.
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The lowest responsible and best bid will be accepted; provided,
however, that the City acting through its duly authorized
representatives shall have the right to reject any and all bids
and waive any informality or irregularities contained in s'aid
bids.
The bidder to whom a contract is awarded will be required to
furnish separate "Performance," "Labor and Material Payment, II iand
uNoncancelable Two Years Maintenance" bonds to the City of Aspen.
Bonds shall be furnished in the amount of one hundred (100)
percent of the contract price in conformity with the requirem~nts
of the Contract Documents and through bonding agencies haying
established representatives or offices in the State of Colorado.
No bids will be considered which are received after the time
mentioned, and any bids so received after the scheduled closing
time will be returned to the bidder unopened.
No bid may be withdrawn within a period of sixty (60) days a ter
the date fixed for opening bids.
City of Aspen, Colorado
A Municipal Corporation
By :
Kathrvn Koch
City Clerk
M96.106
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CITY OF ASPEN, COLORADO
INSTRUCTIONS TO BIDDERS
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1. DATE OF RECEIVING BIDS
Sealed bids for the construction or materials, as called 'for
by the Advertisement for Bids, will be received as direcited
in the Advertisement for Bids and then will be publi'cly
opened and read. Bids received after the time specified
shall be returned unopened.
2. PLANS AND SPECIFICATIONS
Plans, specifications, and contract documents are on file at
the office described in the Advertisement, and copies may be
obtained therefrom.
Bidders shall familiarize themselves with all ordinances
statutes pertaining to public improvements, and examine
determine for themselves the location and nature of
proposed work, and the amount and character of the labor
materials required therefor, and the difficulties which
be encountered.
and
and
the
and
3. DELIVERY OF PROPOSAL
Bids shall be submitted upon the Proposal Form which is
bound into the Specifications. The Specifications. Proposal
Form. and Contract are in one volume. and this shall be
submitted intact in a sealed envelope plainly marked a~ to
Title of Project and date of bid opening. Bid proposals
will not be accepted on a duplicate copy.
All proposals shall be legibly written in ink or typed on
the forms provided with the contract documents. No
alterations inpropc'sals or in the printed forms therefor,
by erasures, deletions, or interpolations will be acceptable
unless each alte~ation is signed or initialed by the bidder;
if initialed, the owner may require the bidder to iden fy
the alteration so initialed.
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Each proposal shall contain the full name or names and post
office address of the bidder or bidders, and any perlson
signing any proposal as agent of another, or of a firm, must
furnish legal evidence of his authority to-do so.
A bid by a person who affixes to his signature the word
"President," "Secretary," "Agent,TI or other designati,on,
without disclosing his principal, may be held to be the bid
of the individual signing.
More than one proposal from an individual, firm,
partnership, or corporation under the same or different
names will not be considered. Evidence that any bidder is
interested in more than one proposal for the same work will
be cause for rej ection of all such proposals. Collusion
between the bidders will be considered sufficient cause for
the rej ection of all bids so affected. A party who has
quoted prices to a bidder is not thereby disqualified from
quoting prices to other bidders or from submitting a direct
bid on his own behalf.
Failure on the part of any bidder to carry out previous
contracts satisfactorily, or his lack of experience or
equipment necessary for the satisfactory completion of the
project may be deemed sufficient cause for disqualification.
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Unless otherwise specifically provided in the specificat~ons
for the improvement, bids shall be made upon each and every
item shown on the shown on the blank Proposal
Form.
Modifications to bids already submitted will be allowed if
received prior to the time specified in the "Advertisement
for Bids." Modifications shall be submitted as such, and
shall not reveal the total amount of either the original or
revised bids. The modifjrcation shall be in writing and
shall be signed in the s~e manner and by the same person or
persons who signed ~he!proposal.
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A bidder may withdraw his proposal at any time prior to the
time at which proposals are to be opened, by written requ~st
of the bidder. Any such request shall be signed in the same
manner as, and by the same person or persons who signed the
proposal.
Whenever alternate bids are called for specifying the use of
several different classes of material or types of
improvement for the same work, all bidders are requested to
submit prices for the use of each of the several classes of
material or types of improvement as specified. The material
to be used or the type of improvement to be adopted willi be
selected by the owner after the proposals have been opened
and read.
ADDENDA
Any explanation regarding the meaning or interpretationi of
contract drawings, specifications, or other contract
documents shall be requested in writing, with sufficient
allowance of time for receipt of reply before the time
specified for opening bids. Any such explanations or
interpretations shall be made in the form of addenda to the
documents and shall be furnished to all bidders who shall
submit all addenda with their bids. Oral explanations and
interpretations made prior to the bid opening will not' be
binding.
5 .
CAPITAL AND EOUIPMENT
Upon request, bidders shall present satisfactory evidence
that they are familiar with the class of work specified, and
that they have the necessary men, capital, tools, machine'ry,
and other equipment necessary to conduct the work in a g,ood
and workmanlike manner and complete the improvement within
the time specified in the Special Conditions and to the
satisfaction of the Owner.
6. PROPOSAL GUARANTY
Each proposal shall be accompanied
certified check, or bid bond payable to
an amount not less than five percent
by a money order,
the City of Aspe~ in
(5%) of the total
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amount of the bid.
accompanied by such
No proposal
a deposit.
will be
considered unl ss
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In case alternate bids are called for, providing for the e
of several different classes of material or types of
improvement for the same work, one deposit in the amount of
five percent (5%) of the total amount of the highest id
will be sufficient for all proposals.
The proposal guaranty deposit of the bidder or bidders to
whom a contract award is made will be returned when said
successful bidder executes a contract and files satisfactory
bonds as stipulated herein. The proposal guaranty deposit
of the next lowest responsible bidder may be retained for a
period not to exceed 60 days and will be returned after the
execution of the contract and bonds by the successful
bidder. The proposal guaranty deposit of all other bidders
will be returned after the contract is awarded.
If the successful bidder shall fail to enter into a contract
in accordance with his accepted proposal or shall fail to
furnish the required bond within ten 10 days from Notice' of
Award, his deposit shall be forfeited to the City of Aspen
as liquidated damages.
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The next best proposal shall then be
successful bid and, at the discretion of
contract may be awarded to the bidder
proposal.
considered
the Owner,
submitting
the
the
that
7 . BONDS
The successful bidder shall be required to give a
Performance Bond equal to one hundred percent (100%) of the
amount of the bid, such Performance Bond to guarantee (a)
the faithful performance and completion of the work in
strict accordance with the terms of the Contract, and each
and every covenant, condition and part thereof, according to
the true intent and meaning of the contract documents, as
herein defined, (b) the repair or replacement, where
required, or the cost thereof, for a period of one (1) year,
cancelable after the issuance of the Certificate of
Acceptance, of all work performed under the terms of the
Contract and in accordance with the Special Conditions, or
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other Contract Documents. A seoarate Labor and Material
Payment Bond in the amount of one hundred percent (100%) of
the amount of the bid will be required which will insure the
payments of laborers, material suppliers, and subcontractQrs
in connection with the work performed under the Contract and
it will satisfy requirements of Colorado Revised Statut<;ls,
Sections 38-26-105 and 38-26-106, as amended. A seoarate
Maintenance Bond in the amount of one hundred percent (100%)
of the final contract price will be required which will
insure the repair or replacement where requested by the
Owner, or cost thereof, noncancelable for a period of two
(2) years after the issuance of the certificate of
acceptance, of all work performed under the terms of the
Contract. The foregoing bonds shall be with a surety and
guaranty company authorized to do business in the State of
Colorado, and the form and the company shall be acceptable
to the City as surety.
8.
EXAMINATION OF BIDS
All bids submitted shall be made available for examination
by interested parties after the bid opening. All
information in the bid package will be available for pu~lic
scrutiny, unless the bidding company specifically requ~sts
confidential treatment of some or all of its commercial
data. Such request for confidentiality shall be in writ~ng,
and the portions of the commercial data for which
confidentiali ty is requested shall be clearly identified.
The final bid price and the means by which that price ,was
determined are not commercial data and may not be incl~ded
in any request for confidentiality.
9.
REJECTION OF BIDS
The City of Aspen, Colorado,
any or all bids and to waive
be withdrawn for a period of
set for opening of bids.
reserves the right to re
defects in bids. No bids
sixty (60) days after the
ect
may
ime
M96.107
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- CjENERAL CONDlTIONS
fNDEX
1 Definitions
2 Additional Instructions ancj Detail Drawings
3 Schedules, Reports, aJ)d Records
4. Drawings and Speciiications
5. Shop Drawings
6. Materials, Services, and Facilities
7. Inspection and Testing
8. Substitutions
9. Patents
10. Surveys, Permits, Regulations
11 Protection of Work, Property, Persons
12 Supervision by Contractor
13. Changes in the Work
]4. Changes in Contract price
15. Time for Completion and Liquidated Damages
16. Correction of Work
17. Subsurface Conditions
18. Suspension of Work, Termination and Delay
19. Payments to Contractor
. 20. Acceptance of Final Payment as Release
21. Insurance
22. Contract Security
)" Assignments
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24. Indemnification
25. Separate Contracts
26 Subcontracting
27. Engineer's Authority
28. Lands and Rights-of-Ways
29. Guaranty
30. Arbitration
31 Taxes
32. Conflicting Conditions
"" Notice and Service Thereof
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34. Required Provisions Deemed Inserted
35. Drawings, Contract Documents and Specifications
36. Tools, Plant, Equipment, and Labor
37 Accidents
38. Sanitary Provisions and Facilitie~!
39. Materials Furnished
40. Public Convenience and Safety
. 41. Barricades and Warning Signs
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Revised: 3/13/96
GENERAL CONDITIONS
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1. DEFINITIONS
1.1 Where used in the Contract Documents, the following temlS shall have the meanings
indicated which shall be applicable to both the singular and plural thereof:
1.2 ADDENDUM - Written or graphic instruments issued prior to the execution ofthe
Agreement which modify or interpret the Contract Documents, Drawings and Specifications,
additions, deletions, clarificalions or corrections.
1.3 BID - The offer or proposal of the Bidder, submitted on the prescribed fOID1, setting forth
the prices for the Work to be perfom1ed.
1.4 BIDDER - Any qualified responsible firm, or corporation submitting a Bid for the Work.
1.5 BONDS - Bid, Performance, Payment, and Maintenance Bonds and other acceptable
instruments of financial security, furnished by the Contractor and his surety in accordance with the
Contract Documents.
1.6 CHANGE ORDER - A written order to the Contractor authorizing an addition, deletion or
revision in the Work within the general scope of the Contract Documents, or authorizing an
adj ustment in the Contract Price or Contract Time.
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1.7 CONTRACT DOCUMENTS - The contract, including Advertisement for Bids,
Instructions to Bidders, Proposal, Bid Bond, Contract for Construction, Labor and Material
Payment Bond, Performance Bond, Maintenance Bond, Notice of Award, Notice to proceed,
Change Order, Drawings, Specifications, Addendum (s), Affidavit of Compliance Form,
Liquidated Dan1ages Form, Contractor's License Form, Claim Release Form and Insurance
Certificates.
1.8 CONTRACT PRICE. The total monies payable to the Contractor under the terms and
conditions of the Contract Documents except for Minor Contract Revision (MCR) items which are
subject to the City's authorization for expenditure.
1.9 CONTRACT TIME - The number of calendar days stated in the Contract Documents for
the completion of the Work.
1.10 CONTRACTOR - The qualified responsible firm, ,or corporation with whom the Owner has
executed the Agreement.
1.11 DRA WINGS - The part of the Contract Documents which show the characteristics and
scope of the Work to be performed and which have been prepared or approved by the Engineer.
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Revised: 3/13/96
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1.12 ENGINEER - The person, linn, corporation, or the City Engineer nallled as such in the
Contract Documents.
1.13 FIELD ORDER - A Written order effecting a change in the Work not involving an
adjustment in the Contract Price or an extension of the Contract Time, issued by the Engineer to the
Contractor during construction. '
1.14 NOTICE OF A WARD - The written notice by OWNER to the apparent successful bidder
stating that upon compliance by the apparent successful bidder with the conditions precedent
enumerated therein, within the time specilled, OWNER will sign and deliver the Agreement.
1.15 NOTICE TO PROCEED. Written communication issued by the Owner to the Contractor
authorizing him to proceed with the Work and establishing the date of commencement of the Work.
1.16 OWNER OR CITY. The City of Aspen, a Municipal Corporation.
1.17 PROJECT - The undertalzing to be perfoffi1ed as provided in the Contract Documents.
1.18 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the
who is assigned to the project site or any part thereof.
] .19 SHOP DRAWINGS. All drawings, diagrams, illustrations, brochures, schedules and other
data which are prepared by the Contractor, a Subcontractor, manufacturer, supplier or distributor,
which illustrate how specific portions of the work shall be fabricated or installed.
1.20 SPECIFlCA TIONS c A part of the Contract Documents consisting of written descriptiqns
of a teclmical nature of materials, equipment, construction systems, standards and workmanship.
1.21 SUBCONTRACTOR - A firm or corporation having a direct contract with the Contractor
or with any other Subcontractor for the performance of a part of the work at the site.
1.22 SUBSTANTIAL COMPLETION. The date accepted by the City when the construction of
all work items in the project or a specified part thereof is 95% or more completed, in accordance
with the Contract Documents, so that the project or specified part can be utilized for the purpose for
which it is intended.
1.23 SPECIAL PROVISIONS/SPECIAL CONDITIONS - Modillcation, deletion or addition to
General Conditions required by a federal, state, local agency, or the Owner for participation in Ithe
project.
1.24 SUPPLIERS. Any supplier, or organization who supplies materials or equipment for the
work, including that fabricated to a special design, but who does not perform labor at the site.
1.25 WORK - All labor necessary to produce the construction required by the Contract
Documents, and all materials and equipment incorporated or to be incorporated in the project.
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Revised: 3/1 3/96
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1.26 WRlTTEN NOTICE - Any notice to any party of the Agreement relative to any part of this
Agreement in writing and considered delivered and the service thereof completed, when posted by
certified or registered mail to the said party at his last given address, or delivered in person to Qaid
party or his authorized representati ve on the work.
2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
2.1 The Contractor may be furnished additional instructions and detail drawings, by the
Engineer, as necessary to carry out the work required by the Contract Documents.
2.2 The additional drawings and instruction thus supplied will become a part of the Contract
Documents. The Contractor shall carry out the work in accordance with the additional detail
drawings and instructions.
3 SCHEDULES, REPORTS, AND RECORDS
3.1 The Contractor shall submit to the Owner such schedule of quantities and costs, progr~ss
schedules, payrolls, reports, estimates, records, and other data as the Owner may require concerning
work perfonned or to be performed.
3.2 Prior to beginning of work and at or before the preconstruction conference, the Contr~ctor
shall submit schedules showing the order in which he proposed to carry on the work, including
dates at which he will start the various parts of the work, estimated date of completion of each part
and as applicable:
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3.2.1 The dates at which special detail drawings will be required; and
3.2.2 Respective dates for submission of shop drawings, the beginning of manufacture, the testing
and the installation of materials, supplies and equipment.
3.3 The Contractor shall not be paid more than once a month, and pay request will be processed
based on the City's daily construction log (s), monthly pay estimate fonn (s), all signed and dated
by the Contractor and the City representative.
4. DRAWINGS AND SPECIFlCA TIONS
4.1 The intent of the drawings and specifications is that the Contractor shall furnish all labor,
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materials, tools, equipment, and transportation necessary for the proper execution of the work 10
accordance with the Contract Documents and all incidental work necessary to complete the project
in an acceptable manner, ready for use, occupancy, or operation by the Owner.
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4.2 The Contract Documents are intended to be complementary, and work called for on any
Drawing and not mentioned in the Specifications, or work described in the Specifications and nqt
shown on any Drawing, is to be regarded as included under this contract, the same as if set forth' in
the Specifications and exhibited on the Drawings.
4.3 Any discrepancies found between the drawings and specifications and site conditions or any
inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the
City, in writing, who shall correct such inconsistencies or ambiguities in writing. Work done by the
Contractor after his discovery of such discrepancies, inconsistencies, or ambiguities shall be dOlle at
the Contractor's risk, and at no cost to the City.
5. SHOP DRAWINGS
5.] The Contractor shall provide shop drawings as may be necessary for the prosecution of(he
work as required by the Contract Document>. The City or it's representative shall review all shop
drawings. The approval of any shop drawings shall not release the Contractor from responsibility
for deviations from the Contract Documents. The approval of any shop drawing which
substantially deviates from the requirement of the Contract Documents shall be evidenced by a
change order, issued by the City.
5.2 When submitted for the City's review, shop drawings shall bear the Contractor's
certification that he has reviewed, checked and approved the shop drawings and that they are in
conformance with the requirements of the Contract Documents.
5.3 Portions of the work requiring a shop drawing or sample submission shall not begin until
the shop drawing or submission has been approved by the City. A copy of each approved shop
drawing and each approved sample shall be kept in good order by the Contractor at the site and
shall be available to the City.
6 MATERlALS, SERVICES AND FACILITIES
6.1 It is understood that, except as otherwise specifically stated in the Contract Documents,ithe
Contractor shall provided and pay for all materials, labor, tools, equipment, water, light, power,
transportation, supervision, temporary construction of any nature, and all other services and
facilities of any nature whatsoever necessary to execute, complete and deliver the work within the
specified time.
6.2 Materials and equipment shall be so stored as to insure the preservation of their quality ,and
fitness for the work. Stored materials and equipment to be incorporated in the work shall be located
so as to facilitate prompt inspection.
6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected,
erected, used, cleaned and conditioned as directed by the manufacturer.
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Revised: 3/13/96
6.4 Materials, supplies and equipment shall bc in accordance with samples submitted by th~
Contractor and approved by the City.
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6.5 Materials, supplies or equipment to be incorporated into the work shall nol be purchased by
the Contractor or the Subcontractor subject to a chattel mortgage or' under a conditional sale
contract or other agreement by which an interest is retained by.ihe seller.
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7. INSPECTION AND TESTING
7.1 All materials and equipment used in the construction of the project shall be subject to
adequate inspection and testing in accordance with standards accepted by the City's Engineering
Department.
7.2 The City will provide at it's expense the survey benchmark(s), necessary material testing
and compliance testing and inspection required for successful completion of the project.
7.3 The Contractor shall be responsible and pay for all other additional inspections, surveying,
testing and re-testing services required by the City until final acceptance of the work. Re-staki~gof
base line survey stakes shall be paid for by the Contractor if negligence and destruction of origiinal
stake was caused by his operations or vandalism.
7.4 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction require any work to specifically be inspected, tested, or approved. the
Contractor will give the City timely notice of readiness. Any such notification shall be given at
least 48 hours prior to service schedule.
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7.5 Neither observations by the City nor inspections, tests, or approvals by persons other tlian
the Contractor shall relieve the Contractor from his obligation to perform the work in accordanbe
with the requirements of the Contract Documents.
7.6 The City and it's representatives will at all times have access to the work. In addition,
authorized representatives and agents of any participating federal or state agency shall be pemlitted
to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other
relevant data and records. The Contractor will provide proper facilities for such access and
observation of the work and also for any inspections, or testing thereof.
7.7 If any work is covered contrary to the written request of the City, it must, if requested 9Y the
City be uncovered for its observation and replaced at the Contractor's expense.
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7.8 If any work has been covered which the City has 110t specifically requested to observe prior
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to its being covered, or if the City considers it necessary or advisable'that covered work be
inspected or tested by others, the Contractor at the City's request, will uncover, expose or otherwise
make available for observation, inspection or testing as the City may require, that portion of the
work in question, fumishing all necessary labor, materials, tools, and equipment. If it is founc1 that &
slIch work is defective, the Contractor will bear all the expenses of such uncovering, exposure, ..,
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observation, inspection and testing and of satisfactory reconstruction. Ii: however, sllch work is 1.01
fOlU1d to be defective, the Contractor will be allowed an increase in the Contract Price or an
extension of the Contract Time, or both, directly attributable to such uncovering, exposure,
observation, inspection, testing and reconstruction through an appropriate change order issued and
approved by the City. I
8. SUBSTITUTIONS
8.1 Whenever a material, article or piece of equipment is identified on the drawings or
specifications by reference to brand name or catalogue number, it shall be understood that this is
referenced for the purpose of defining the performance or other salient requirements and other
products of equal capacities, quality and function shall be considered. The Contractor may
recommend the substitution of a material, article, or piece of equipment of equal substance and
function for those referred to in the Contract Documents by reference to brand nan1e or catalogue
number, and if, in the opinion of the City, such material article, or piece of equipment is of equfll
substance and function to that specified, the City may approve its substitution and use by the
Contractor. Any cost differential shall be deductible from the Contract Price and the Contract
Documents shall be appropriately modified by Change Order. The Contractor warrants that if
substitutes are approved, no major changes in the fimction or general design of the project will
result. Incidental changes or extra component parts required to accommodate the substitute be
made by the Contractor without a change in the Contract Price or Contract Time.
9. PATENTS
9.1 The Contractor shall pay all applicable royalties and license fees. He shall defend all suits
or claims for infringement of any patent rights and save the Owner harmless from loss on account
thereof, except that the Owner shall be responsible for any such loss when a particular process,
design, or the product of a particular manufacturer or manufacturer's is specified, but if the
Contractor has reason to believe that the design, process or product specified is an infringemen! of a
patent, he shall be responsible for such loss unless he promptly gives such infom1ation to the Oity.
10. SURVEYS, PERMITS, REGULATIONS
10.1 The Contractor shall furnish all land surveys and establish all base lines for locating the
principal component parts of the work together with a suitable number of bench marks adjacent to
the work as shown in the Contract Documents. From the information provided by the Owner,
unless otherwise specified in the Contract Documents, the Contractor shall develop and make all
detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations
and other working points, lines, elevalions and cut sheets.
10.2 The Contractor shall carefully preserve bench marks, reference points and stakes and, in
case of willful or careless destruction, he shall be responsible for any mistakes that may be caused
by their Ulmecessary loss or disturbance.
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Revised: 3/13/96
10.3 Permits and licenses of a temporary nalure necessary for the prosecution of the work shall
be securcd and paid for by the Contractor. Permits, licenses and easements for pem1anent
structures or permanent changes in existing facilities shall be secured and paid for by the Owne\,
unless otherwise specified. The Contractor shall give all notices and comply with all laws,
ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the
Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify
the City in writing, and any necessary changes shall be adjusted as provided in Section 13. Chai1ges
in the Work.
II. PROTECTION OF WORK, PROPERTY AND PERSONS
I I. I The Contractor will be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work. He will take all necessary precautions f()r
the safety of, and will provide the necessary protection to prevent damage, injury or loss to all
employees on the work and other persons who may be affected thereby, all the work and all
materials or equipment to be incorporated therein, whether in storage on or off the site, and other
property at the site or adjacent thereof, including trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation or replacement in the course of
construction. Any cost of restoration as directed by the City shall be the Contractor's
responsibility.
11.2 The Contractor shall comply with all applicable laws, ordinance, rules, regulations, and
standards. The Contractor will install and maintain, as required by the conditions and progress of
the work, all necessary safeguards for safety and protection. The Contractor will notify owners! of
adjacent utilities when prosecution of the work may affect them. The Contractor will remedy all
damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the
Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anypne
for whose acts any of them be liable, except damage or loss attributable to the fault of the Contract
Documents or to the acts or omissions of the Owner or it's representative.
12. SUPERVISION BY CONTRACTOR
12.1 The Contractor will supervise and direct the work. He will be solely responsible for the
means, methods, teclmiques, sequences and procedures of construction. The Contractor will
employ and maintain on the Work a qualified supervisor or superintendent who shall have beef!
designated in writing by the Contractor as the Contractor's representative at the site. The
supervisor shall have full authority to act on behalf of the Contractor and all communications given
to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be pres",nt
on the site at all times as required to perfon11 adequate st.!pervision and coordination of the Work.
13. CHANGES IN THE WORK
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13.1 The Owner may at any time, as the need arises, order changes within the scope of the Work a
without validating the Agreement. Such changes can increase or decrease the amount due under the _
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Contract Docwnents up to 25% of the total bid, and the time required for performance of the Wqrk
shall be adjusted by a written proposal.
13.2 The City Engineer, also may at any time, by issuing a Field Order, make changes in the
details of the Work. The Contractor shall proceed with the performance of any changes in the
Work so ordered by the City Engineer unless such changes require additional compensation by the
City.
14. CHANGES IN CONTRACT PRICE
14.1 The Contract Price increase or decrease shall be done only by a Change Order. The value
of any Work covered by a Change Order or any claim for increase in the Contract Price shall be
determined by one or more of the following methods as applicable and in order of precedence listed
below:
(a) Unit prices previously approved.
(b) An agreed lwnp swn
( c) The actual cost for labor, direct overhead, materials, supplies, equipment, and other
services necessary to complete the work. In addition. an amount to be agreed upon
but not to exceed fifteen percent of the actual cost of the Work to cover the cost 'of
general overhead and profit.
IS. TIME FOR COMPLETION AND LIQUIDATION DAMAGES
15.1 The date of beginning and the time for completion of the Work are essential conditions ,of
the Contract Documents and the Work embraced shall be commenced on a date specified in the
Notice to Proceed.
15.2 The Contractor will proceed with the Work at such rate of progress to insure full complletion
within the Contract Time. It is expressly understood and agreed, by and between the Contractor
and the Owner, that the Contract Time for the completion of the Work described herein is a
reasonable time, taking into consideration the average climatic and economic conditions and o\her
factors prevailing in the locality of the Work.
15.3 If the Contractor shall fail to complete the Work within the Contract Time, or extensiolil of
the time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated
damages as specified on Page LD-l for each calendar day that the Contractor shall be in default
after the time stipulated in the Contract Docwnents.
1 5.4 The Cdntractor shall not be charged with liquidated damages or any excess cost when (he
delay in ;:on1pletion of the Work is due to the following, and the Contractor has promptly give
Written Notice of such delay to the Owner.
15.4.1 To any priority or allocation order duly issued by the Owner.
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Revised: 3/13/96
15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including acts of God, or of the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the Owner, fires, floods. Equipment breakdo\\11 or
limitation of work forces, or inadequate work progress with consumed contract time does not
congtitute a cause beyond the Contractor's control.
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15.4.3 To any delays of Subcontractors occasioned by any of the causes specified in paragraphs
15.4.1 and 15.4.2 of this article.
15.5 Harassment imposed by the Contractor or his subcontractor's employees upon the City
employees or citizens, malpractice of the work or dissatisfaction of the Owner with the work
progress resulting in request for proper changes in construction operation by the City shall not
constitute a cause beyond the Contractor's control.
16. CORRECTION OF WORK
16.1 The Contractor shall promptly remove from the premises all Work rejected by the City for
failure to comply with the Contract Documents, whether incorporated in the construction or not,
and the Contractor shall promptly replace and re-execute the Work in accordance with the Contract
Docwnents and without expense to the Owner and shall bear the expense of making good all Work
of other Contractors destroyed or damaged by such removal or replacement.
16.2 All removal and replacement Work shall be done at the Contractor's expense. If the
Contractor does not take action to remove such rejected Work within three consecutive calendar
davs after receipt of Written Notice. the owner may remove such work and store the materials at the
expense of the Contractor.
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17. SUBSURFACE CONDlTlONS
17.1 The Contractor shall promptly, and before such conditions are disturbed, except in the 'event
of an emergency, notify the Owner by Written Notice of:
17.1.1 Subsurface or latent physical conditions at the site differing materially from those indi~ated
in the Contract Documents; or
17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from
those ordinarily encountered and generally recognized as inhering in Work of the character
provided for in the Contract Documents.
17.2 The Owner shall investigate the conditions, and may renegotiate the contract with the prime
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contractor only if he/she finds that such conditions do so materially differ and cause an increa:;e or
decrease in the cost of, or in the time required for performance of the Work.
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Revised: 3!l3/96
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18. SUSPENSION OF WORK, TERMINATION AND DELA Y
18.1 The Owner may, at any time and without cause, suspend the Work or any portion thereof
for a period of not more than 45 days or such further time as agreed upon by the Contractor, by
Written Notice to the Contractor and the City which notice shall fix the date on which Work shall
be resumed. The Contractor will be allowed an increase in the Contract Price or an extension 'of the
Contract Time, or both, directly attributable to any suspension.
18.2 If the Contractor is adjudged a bankrupt or insolvent, or if he makes a general assigrul,ent
for the benefit of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of
his property, or ifhe files a petition to take advantage of any debtor's act, or to reorganize uncler the
bankruptcy or applicable laws, or if he fails to supply sufficient skilled workmen or suitable
materials or equipment, or ifhe fails to make prompt payments to Subcontractors or for labor,!
materials, or equipment or ifhe disregards laws, ordinances, rules, regulations of the Work or'ifhe
disregards the authority of the City, or ifhe otherwise violates any provision of the Contract
Documents, then the Owner may, without prejudice to any other right or remedy and after giving
the Contractor and his surety a mjnimwn of three consecutive calendar days from delivery of a
Written Notice, terminate the services of the Contractor and take possession of the Project anc[ of all
materials, equipment, tools, construction equipment and machinery thereon owned by the
Contractor, and finish the Work by whatever method he may deem expedient. In such case th'e
Contractor shall not be entitled to receive any further payments until the Work is finished. If \he
unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the P~oject,
including compensation for additional professional services, such excess shall be paid to the
Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference t6 tlle
Ovmer immediately. Such costs incurred by the Owner will be determined by the City and
incorporated in a Change Order.
18.3 Where the Contractor's services have been so terminmed by the Owner, said terminati6n
shall not .affect any right of the Owner against the Contractor then existing or which may the~eafter
accrue. Any retention or payment of monies by the Owner due the Contractor will not releas~ the
Contractor from compliance with the Contract Docwnents.
19. PAYMENT TO CONTRACTOR
19.1 From the total value of work completed, the Owner will withhold I 0 percent from monthly
payment. When the value of work completed has progressed to fifty (50) percent of the contract
amount, and if in the owner's opinion satisfactory progress and quality of work is being maintained,
the Owner may elect, at his sole discretion, to continue withholding reduced retainage as low as 5
percent for the remainder of the work. The ten (10) percent retainage of the value of work
completed will be reinstated if in the Owner's opinion the lack of progress or other reasons exist.
The withheld ten (10) percent of the value of work shall be retained until the final payment or until
the Owner determines the work is substantially complete and the retainage may be reduced tol the
amount necessary to assure completion within time set in the Contract. Partial payments made by
the Owner shall not be construed as an acceptance on the part of the Owner or its Engineer o~ any
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Revised: 3/13/96
part of the work done or of material furnished, but simply as payments on account. In any even the
amount of retainage shall not be less than 5 percent of the Contract amount paid to the Contractor.
19.2 The request for payment may also include an allowance for the purchased price of such
major materials and equipment which are suitably stored and secured at thel site. The OV>'l1er shall
have the right to determine the amount of payment for such material~ 110t exceeding the actual
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purc lase pnce.
19.3 All Work covered by partial payment made shall thereupon become the sole property ot: the
Owner, but this provision shall not be construed as relieving the Contractor of the sole
responsibility for the care and protection of the Work upon which payments have been made or!the
restoration of any damaged Work, or as a waiver of the right of the Owner to require the fulfillrllent
of all terms of the Contract Docwnents.
19.4 Upon completion and acceptance of the Work and receipt ofa fully executed Claim Rel'ease
Form from Contractor, the City shall issue a final pay estimate for the Work accepted under the
conditions of the Contract Docwnents. The entire balance found to be due the Contractor,
including the retained percentages, but except such sums as may be lawfully retained by the O\vner.
shall be paid to the Contractor within thirty days following acceptance of the Work, and after t,n
(10) consecutive caldendar days from the date of second advertisement for final release.
19.5 The Contractor will indemnify and save the Owner or the Owner's agents harmless from ~Il
claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies,
incurred in the furtherance of the performance of the Work. The Contractor shall, at the OV>'l1et's
request, furnish satisfactory evidence that all obligations of the nature designated above have been
paid, discharged, or waived. If the Contractor fails to do so the Owner may, after having notifi'ed
the Contractor, withhold from the Contractor's unpaid compensation a swn of money deemed'
reasonably sufficient to cover any and all such lawful claims until satisfactory evidence is furnished
that all liabilities have been fully discharged whereupon payment to the Contractor shall be
resumed, in accordance with the terms of the Contract Documents, but in no event shall the
provisions of this sentence be construed to impose any obligations upon the Owner to either th,e
Contractor, his Surety, or any third party. The Owner shall withhold said retainage for a maxiinum
period of90 consecutive days following.ill day advertisement period from the date of second
publication for final payment release. At the end of these periods the Owner shall release fina\
retainage to the Contractor with no further obligations to claimants.
19.6 If the Owner fails to make payment thirty days after approval by the City, there shall be
added to each such payment interest at the maximuin legal rate commencing on the first day after
said payment is due and continuing until the oayment is processed by the Owner. This article !shall
be disregarded if a claim against the Contraclor has been filed with the City.
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Revised: 3/13/96
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20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
20.1 The acceptance by the Contractor of final payment shall be and shall operate as a release to
the Owner of all claims and all liability to the Contractor. Any payment, however, final or .
othef\'/ise, shall not release the Contractor or his sureties from any obligations under the Contract
Documents or the Performance Bond, Payment Bonds, or Maintenance Bonds.
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21. INSURANCE
21.1 The Contractor shall procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by the
Contractor pursuant to 24.1 Indemnification. Such insurance shall be in addition to any other
insurance requirements imposed by tllis contract or by law. The Contractor shall not be relieve'd of
any liability, claims, demands, or other obligations assWTIed pursuant to 24.1 Indenmification. by
reason of its failure to procure or maintain insurance, or by reason of its failure to procure or
maintain insurance in sufficient amounts, durations, or types.
21.2 Contractor shall procure and maintain, and shall cause any subcontractor of the Contractqr to
procure and maintain the minimWTI insurance coverages listed below. Such coverages shall be
procured and maintained with forms and insurers having local offices in the State of Colorado a.nd
acceptable to the City of Aspen. All coverages shall be continuously maintained to cover all
liability, claims, demands, and other obligations assWTIed by the Contractor pursuant to 24.1
Indenmification. In the case of any claims-made policy. the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage.
21.2.1 The Contractor shall procure and maintain, in accordance with the provisions of the lmys of
the State of Colorado, Workmen's Compensation Insurance, including occupational disease
provision,.for all of his employees at the site of the work and in case any work is sublet, the
Contractor shall require such Subcontractor similarly to provide Workmen's Compensation
Insurance, including occupational disease provisions for all of the latter's employees, unless s~ch
employees are covered by the protection afforded by the Contractor. In case any class of
employees engaged in hazardous work under this Contract at the work site is not protected under
Workmen's Compensation Statute, the Contractor shall provide, and shall cause each subcontractor
to provide, adequate and suitable insurance for the protection of his employees not otherwise .
protected.
21.2.2 General Liability insurance with minimWTI combined single limits of ONE MILLION
DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) 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 serverability of intcrests provisi!on.
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Revised: 3/13/96
21.2.3 Comprehensive Automobile Liability insurance with minimum combined single limits
bodily injury and property danlage of not less than ONE MILLION DOLLARS ($1,000,000) each
occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of
Contractor's owned, hired or non-ovmed vehicles assigned to or used in perfomlance of the
services. The policy shall contain a severability of interest provision.
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21.3 The policy required by paragraph 21.2.2 above and by paragraph 21.2.3 above shall be
endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional
insured. Every policy required above shall be primary insurance, and any insurance carried by or
provided through and 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
by paragraph 21.2.1. above shall contain any exclusion for bodily injury or property damage ari~ing
from completed operations. The Contractor shall be solely responsible for any deductible losses
under any policy required above.
21.4 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 coverages, 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 coverages afforded under the
policies shall not be canceled, terminated or materially changed until at least 30 days prior "'Ti*n
notice has been given to the City of Aspen. The completed certificate of insurance shall be sent to:
City Engineer
City of Aspen
130 South Galena Street
Aspen. CO 81611
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21.5 Failure on the part of the Contractor to procure or maintain policies providing the required
coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which the City of Aspen may immediately terminate this contract, or at its discretion the City Of
Aspen may procure or renew any such policy for any extended reporting period thereto and may
pay any and all premiums in connection therewith, and all monies so paid by the City of Aspen
shall be repaid by the Contractor to the City of Aspen upon demand, or the City of Aspen may
offset the cost of the premiums against any monies due to Contractor from the City of Aspen.
21.6 The City of Aspen reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
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21.7 The parties hereto understand and agree that tile City of Aspen is relying on, and does hot
waive or intend to waive by any provision of this' contract, the monetary limitations (presently
$150,000 per person and $400,000 per occurrence) or any other rights, immunities, and proteotions
provided by the Colorado Govemmentallmmunity Act, SS24-10-101 ~, 10 C.R.S., as from
time to time amended, or otherwise available to the City of Aspen, its officers, or its employees.
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22 CONTRACT SECURJTY
22.1 The Contractor shall within ten days after the Award of Bid by the City Council fumislrthe
Owner with Performance Bond Maintenance Bond Payment Bond in penal sums equal to .L.Q
times the amount of the Contract Price for the Perfornlance bond and 1.0 times the contract price
for payment bond, conditioned upon the performance by the Contractor of all undertak ings,
covenants, telms, conditions and agreements ofthe Contract Documents, and upon the prompt
payment by the Contractor to all persons supplying labor and materials in the prosecution of the
Work provided by the Contract Documents. Such Bonds shall be executed by the Contractor ahd a
corporate bonding company licensed to transact business in the State of Colorado in which the
Work is to be performed and nanled on the current list of "Surety Companies Acceptable on
Federal Bonds" as published in the Treasury Department Circular Number 570. The expense
these Bonds shall be borne by the Contractor.
If at any time a surety on any such bond is declared a bankrupt or loses its right to do
business in the State of Colorado in which the Work is to be performed or is removed from the!list
of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) consecutive.
calendar days after notice from the Owner to do so, substitute an acceptable Bond (or Bonds) it"
such form and sum and signed by such other surety or sureties as may be satisfactory to the O\\'l1er.
The premiums on such Bond shall be paid by the Contractor. No further payments shall be de~med
due nor shall be made until the new surety or sureties shall have furnished an acceptable Bond 'to
the Owner.
23. ASSIGNMENTS
23.1 The Contractor shall not sell, transfer, assign, or otherwise dispose of the Contract or any
portion thereof, or of his right, title or interest therein, or his obligations thereunder, without th~
\\~'it1en consent of the Owner.
24. INDElvfNIFICA TION
24.1 The Contractor agrees to indemnify and hold hannless the City of Aspen, its officers,
employees, insurers, and self-insurance pool, form and against all liability, claims, and deman~s, on
account of injury, loss, or damage, including without limitation claims arising from bodily inj\1ry,
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, if such injury,
loss. or danlage is caused in whole or in part by, or is claimed to be caused in whole or in part,by,
the act, omission, error, professional error, mistake, negligence, or other fault of the Contractqr, any
subcontractor of the Contractor, or any officer, employee, representative,; or agent of the Contractor
or any subcontractor of the Contractor, or which arise out of any workmen's compensation clqim of
any employee of the Contractor or of any employee of any subcorltractor of the Contractor. l1he
Contractor 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 Contractor. The Contractor also
agrees to bear all other costs and expenses related thereto, including court costs and attorney fees
whether or not any such liability claims, or demands alleged are groundless, false of fraudulel;t.
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Revised: 3/13/96
25. SEPARATE CONTRACTS
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25.1 The Owner reserves the righl to lei other contracts in connection with this Project. The
Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of
their materials and the execution of their Work, and shall properly connect and coordinate his Work
with theirs. Ifthe proper execution or results of any part of the Contractor's Work depends upon
the Work of any other Contractor, the Contractor shall inspect and promptly report to the City a11Y
defects in such Work that render it unsuitable for such proper execution and results.
25.2 The Owner may perform additional Work related to the Project by himself, or he may l~t
other contracts containing provisions similar to these. The Contractor will afford the other
Contractors who are parties to such Contracts (or the Owner, ifhe is performing the additional
Work himself), reasonable opportunity for the introduction and storage of materials and equipment
and the execution of Work, and shall properly connect and coordinate his Work with theirs.
25.3 If the performance of additional Work by other Contractors or the Owner is not noted in the
Contract Documents prior to the execution of the Contract, written notice thereof shall be giver! to
the Contractor prior to starting any such additional Work. If the Contractor believes that the
perfomlance of such additional Work by the Owner or others involves him in additional expen~e or
entitles him to an extension of the Contract Time, he may make a claim therefore as provided ir\
Sections 14 and 15 and subject to approval by the City.
26. SUBCONTRACTING
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26.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the
Work, which under normal contracling practices, are performed by specialty Subcontractors.
26.2 The Contractor shall not award Work to Subcontractor(s), in excess of forty-nine perce8t
(49%) of the Contract Price. This condition shall be a minimum standard for a qualified prime
Contractor to perform within the City rights of ways or public grounds.
26.3 The Contractor shall be fully responsible to the owner for the acts and omissions of his
Subcontractors, and of persons either directly or indirectly employed by them, as if for the acts and
omissions of persons directly employed by the prime contractor.
26.4 All subcontractors shall impower the Contractor to terminate the work of Subcontractors(s)
if performance is substandard and requested by the Owner.
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The Owner reserves the right to request replacement of a Subcontractor or material supplier
or have the Prime Contractor replace any SJbcontractor or material supplier that fails to comply
with the specifications to the Owner's satisfaction. Poor workmanship, lack of supervision by the
Prime Contractor over the Subcontractor, unacceptable quality control and substandard materi~ls
not complying with the specifications shall constitute grounds for rejection of work, labor, and
materials by Ihe Owner. As a result of this action, the Contractor must immediately provide an
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acceptable altemative resource; remove and replace all rejected work without further notification by
the Owner. Failure to comply with this requirement shall automatically constitute grounds for
action(s) by the Owner.
26.5 Nothing contained in this Contract shall create any contractual relation between any
Subcontractor and the Owner.
27. ENGINEERS AUTHORITY
27.1 The Contractor will be held strictly to the intent of the Contract Documents in regard to the
quality of materials, workmanship and execution of the Work. Inspections may be made at the,
factory, or fabrication plant of the source of material supply.
27.2 The Engineer will not be responsible for the construction means, controls, techrliques,
sequences, procedures, or construction safety.
27.3 The Engineer shall promptly make decisions relative to interpretation of the Contract
Documents.
28. LAND AND RIGHTS-OF-WA YS
28.] Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of-way
necessary for carrying out and for the completion of the Work to be performed pursuant to the
Contract Documents, unless otherwise mutually agreed.
28.2 The Owner shall provide to the Contractor information which delineates and describesjthe
lands owned and rights-of-way acquired.
28.3 The Contractor shall provide at his own expense and without liability to the Owner an
additional land and access thereto that the Contractor may desire for temporary construction
facilities, or for storage of materials.
29. MAINTENANCE GUARANTY
29.1 The Contractor shall guarantee all materials and equipment fumished and Work perfortmed
for a period of TWO YEARS from the date of final completion and acceptance of work by the
City. The Contractor warrants and guarantees for a period of two years from the date of 100%
,
completion of the project that the completed work is free from all defects due to faulty materials or
workmanshi p and the Contractor shall promptly make such corrections as may be necessary by
reason of such defects including the repairs of any damage to other parts of the work resulting, from
sllch defects. The Owner will give notice of observed defects with reasonable promptness. In the
event that the Contractor should fail to make such repairs, adjustments, or other Work that may be
necessary by such defects, the Owner may do so and charge the Contractor the cost thereby
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Revised: 3/13/96
incurred. The Maintenance Bond shall remain in full force and effect throu\(hout the \(uarantee
period.
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30. ABRlTRA TION
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30.1 .' No arbitration will be acceptable under this Contract. Decisions over disputes (if any) ,viII
be (~1ade between the Owner and Contractor only. The Contractor shall carry on the work and
maintain the progress.
31. TAXES
31. I The Contractor and all Subcontractors must file an application for sales tax exemption \vith
the State of Colorado. The exemption application may be obtained from the State of Colorado;
Division of Sales and Use Tax. The exemption certificate for the Contractor and each of his
Subcontractors must be filed with the Owner prior to any Work being performed.
32. CONFLICTING CONDITIONS
32.1 Any provisions in any of the contract documents which may be in conflict or inconsistent
with any of the paragraphs in these General Conditions shall be void to the extent of such conqict
of inconsistency. Exception to this article shall be made where the general conditions are modified
by the Special Provisions of this contract.
33. NOTICE AND SERVICE THEREOF
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33.1 Any notice to Contractor from the Owner regarding any part of this contract shall be in
writing and considered delivered and the service thereof completed, when said notice is postedl, by
certified or registered mail to the said Contractor at his last given address, or delivered in person to
said Contractor or his authorized representative on the work.
34. REQUIRED PROVISIONS DEEMED INSERTED
34.1 Each and every provision of law and clause required by law to be inserted in this contract
shall be deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be
physically amended to make such insertion of correction.
35. DRAWINGS, CONTRACT DRA WIl-JGS AND SPECIFICATIONS
35.1 Up to four sets of contract d~awings and specification will be furnished without charge.
Additional sets will be furnished on request at the minimum cost of$25.00 per set.
.
23
Revised: 3/13/96
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36 TOOLS, PLANT, EQUIPMENT, AND LABOR
36.1 If, at any time before the commencement of or during the progress of the Work, tools, pclant,
equipment, and labor appear to the Engineer to be insufficient, inefficient or inappropriate to seCure
the quality and quantity of the Work required or the proper rate of progress, the Engineer may order
the Contractor to increase their efficiency, to improve their character, or increase their number, or to
substitute new tools, plant, equipment or labor, as the case may be, and the Contractor must
conform to such order: but the failure of the Engineer to demand such increase of efficiency,
number or improvement shall not relieve the Contractor of his obligations to secure the quality 'of
work and the rate of progress necessary to complete the Work within the time required by the
Contract to the satisfaction of the Owner.
37 ACCIDENTS
37.1 The Contractor shall provide, at the site, such equipment and medical facilities as are
necessary to supply first aid service to anyone who may be injured in connection with the Wor~.
37.2 The Contractor must promptly report in writing to the City all accidents whatsoever arising
out of, or in connection with the performance of the Work whether on, Or adjacent to, the site which
caused death, personal injury, or property damages, giving full details and statements or witnesses.
In addition, if death or serious injuries or serious damages are caused, the accident shall be reported
immediately by telephone or messenger to both the Engineer and the Owner.
37.3 If any claim is made by anyone against the Contractor or any subcontractor on account Of
any accident, the Contractor shall promptly report the facts in writing to the City, giving full details
of the claim.
38. SANITARY PROVISIONS AND FACILITIES
38.1 Sanitary provisions and facilities shall be provided for construction force. These Provlislons
shall be maintained in a neat and sanitary condition and must be protected from vandalism.
39. MATERIALS FURNISHED
39.1 The Contractor shall furnish a record of all materials to the Engineer.
40. PUBLIC CONVENIENCE AND SAFETY
40.1 The Contractor shall at all times so conduct his Work as to assure the least possible
obstruction to traffic. The safety and convenience of the general public and the residents along the
improvement and the protection of persons and property shall be provided for by the Contractor.
40.2 The Contractor shall keep the roadway open and in acceptable condition to the City
Engineer while improvements are being made. The Contractor will be required to arrange his work
so that only one side of the existing roadway will be denied to traffic at any time. A smooth dust
24
Revised: 3/13/96
free thoroughfare shall be maintained through the construction area at all times. The Contractor
shall bear all expenses of maintaining traffic over the improvement and of constructing and
maintaining such approaches, crossings, intersections and other necessary features.
41. BARRICADES AND WARNING SIGNS I
41.1 The Contractor shall provide, erett and maintain all necessary barricades, suitable and
sufficient lights, danger signals, traffic signs and other traffic control devices, and shall take all ,
necessary precautions for the protection of the Work and safety of the public at all times including
non-work hours, and holidays. Obstructions shall be illuminated during hours of darkness.
Suitable warning signs and certified flagmen shall be provided to properly control and direct trMfic.
41.2 The Contractor shall erect warning signs in advance of any place on the Project where
operating may interfere with the use of the road by traffic and at all intermediate points where the
new work crosses or coincides with an existing road.
41.3 All barricades, warning signs, lights, temporary signals, and other protective devices
conform with the Manual on Uniform Traffic Control Devices.
25
Revised: 3/1 3/96
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, That,
as Principal!
and
as Surety, are
held and firmly bound unto
(hereinafter called "OWNER"), in the penal sum of
Dollars ($
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and
severally by these presents.
THE CONDITION OF THIS
principal has submitted to
dated
OBLIGATION IS SUCH, that whereas the
the OWNER the accompanying propof';al
,19 for the Project
and,
WHEREAS, the OWNER has required as a condition for receiving
said Proposal that the Principal deposit with the OWNER either a
certified check equivalent to not less than five (5) percent' of
the amount of said Proposal or in lieu thereof furnish a Bid Bond
for said amount conditioned that in the event of failure to
execute. the formal Contract for such construction, and furnish
the required Performance Bond if the Contract be awarded to pim
that said sum be paid immediately to the OWNER as liquidated
damages and not as a penalty for the Principal's failure to
perform. Forfeited money from bid bond due to bidder's
unsuccessful execution of the contract will be used to cover the
necessary costs incurred by the City and its retained
engineering, administrative management, and legal representatiyes
for bidding and rebidding of the project. The unexpended balapce
will be returned to the bonding agency;
NOW, THEREFORE,
the Contract the said
if the aforesaid Principal
Principal will, within the
shall be awarded
time required"
BBl*
enter into a formal contract and give a good and sufficient bond
to secure the performance of the terms and conditions of the
Contract, then this obligation to be void; otherwise the
Principal and Surety will pay unto the OWNER the ,full amount'of
this guarantee as liquidated damages.
IN WITNESS WHEREOF, the above bounden parties have executed
this instrument under their several seals this day of
19 the name and corporate seal!of
each corporate party being hereto affixed and these presents d~ly
signed by its undersigned representative pursuant to authority of
its governing board.
Principal (Bidder)
(CORPORATE SEAL)
ATTEST:
By
Address
By
Surety
Address
(SEAL)
(Attach Power of Attorney)
By
Its Attorney-in-Fact
BB2*
M96.103
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GENERAL CONTRACTOR QUALIFICATI9N STATEt-1ENT
In order for our staff to expedite the ~election of the
successful Bidder, please fill out the f0110wing questionnaire.
The completed questionnaire shall be sub~itted with the
completed bid to the office of the City Clerk.
1.0 The current name and address of your firm. (Also identify
principal office if other than local office designated)
C!..j{)ULD COA/STIZ- U C r /ON
&E374 Hwy 82
GLcNCcJooO :7J/;}.pJGS / CO. .8 I ~ 0 I
1.1 How many years has your firm been in business as a
general contractor? r C; 'yE:;A..f2- S
1.2 How many years has your firm been in business under
the current business title? 110 '-tt:::A62S
1.3 How many years has your firm been in business as a
general contractor in the State of Colorado; I b YELIZS
your
1.4
firm
List the names in order of succession under which
has previously operated as a general contractor.
NONe.
2.0 Please check the appropriate box to identify the nature of
;,;cur firm.
/cor'poration
Partnership
Individual
Joint Venture
Other
2. 1
Corporation provide the folJ..o,,'inf i!lformation:
Date Firm Incorporated 0- I - 7.9
State ,,'here Firm is Incorporated __(-":I ..-CJfcJA--DO
Name of President M4t2.!:. c.. GOVL-,O
Name of Vice President{ s) f2-1CJ-/-4-f2,.fJ SO/C..Ef.JSIS-/J
Name of
Name of
..qVA J3oWL.-lSs:.
M4t2..y At .--(;OC.J(j)
I' /
Secretary
Treasl)rer
?I,'-21~e
QSl"
2.2 Partnership or individual provide the following
information:
e
Date Firm established
Name and address of individual/partners
whether general or limited partners.)
_DN #>
(Indicate partners
and
viVA
2.3 Joint Venture provide the following information:
Name and address of each firm participating in the joint
venture.
f) f\.J-4
Identify name(s) of other projects, project location, owner,
architect and contract amount which are under construction or
have been completed as a joint venture.
'.]) "..J A
Names and addresses of principals
r-(,
~f'..-.)A
.
Describe Organization
'J:Jr0A,
2.4 Other type of firms. Describe the organization and list
the names and addresses of principals. (Use additional sheet f
necessary. )
DJ--.!J~-
2.5 In what states
business?
is your firm legally qualified to do
~NA
2.6 In what state is~our trade name or partnership filed?
.--:'WJ\.
3.0 What type of work und approximately what perc~nta@e
is normally performed 'by~our own forces on a project"
1 1~~ 8S0/al' I
of wo k
e
QS2*
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4.0 Has
complete
your firm failed to accept a contr~.a~ct award or to
a contract awarded to you? [~ .
4.1
If your response was !'yes" to the previous question,
please state the project(s), date, owner and reason.
5.0 Within the last five years, has any owner, officer or
partner of your organization ever been an owner, officer or
partner of another organization when its failed to complete a
construction contract? A(e)
5.1 If your response to the previous question was I'yes.
please attach a separate sheet of explanation.
6.0 Has your firm ever had a contract terminated? J\/r)
~
",,~':_~'~" -.
6.1 If "yes," state the project(s), date, owner and
reason.
7.0 State the name of your bonding company.
0)/1 c,1-/ I Nit TON II\ITrfl-jJIYT/O^LAf. /1V50uf2,8 /'JeE
7.1
State the name and address of bonding company agent
{./NDCN Co.
AI).8rx. (",0100 - 6/2JJ/VO -JUNC7/aV
7 . 2
State the maximum dollar value for which your firm
can be bonded and the dollar amount for which your
firm is currently bonded:
Maximum Bonding Value -
B/DOO\ 000
Projects - ~BDO I OCX-:::;>
Current Value of Bonded
8.0 Has your bonding company ever been required to perform
under a bid bond, labor and material payment bond or a
performance bond issued on your firm1s behalf? NO
8.1 If "yes," state the project(s), date, and owner and
reason.
9.0 within the last five years has your current firm, any
predecessor organization, or any subcontractor working under
your firm on this projjct been involved as a party in any
bankruptcy, litigatio'n or arbitration proceedings?
I
9.1 If your response to the previous question was "yes,"
please attach a separate sheet of explanation.
QS3*
10.0 On a separate page list the projects your firm currently
has under construction stating the name of the owner, the name
of the architect, location of project, name of project, origin 1
contract amount, current contract amount, percentage of
completion and scheduled completion date.
e
11.0 On a separate page list projects that your firm has
completed during the past five years stating the name of the
owner, name of the architect, location of project, original
contract amount, final contract amount, original contract
completion date, actual contract completion date and percentag
of work completed with your own forces.
12.0 Provide on a separate sheet of paper, resumes/experience
with your firm for key management staff in your firm including
project managers, estimators and superintendents.
12.1
List the superintendent that you anticipate assigni g
to each project if your are the successful bidder.
(The superintendent must be assigned to the project
full time.) C-L-/;::'"F !.-A-A/UTU
12.2
List the projects on which the person listed in 12.
has worked. and in what capacity.
l-/o!2-5e J2,,:;)f<}cH
Su~t2JA/T6V.z:x:J /\ 1'/
13.0 Attach a financial statement, preferably an audited
statement, including your firm's latest balance sheet and ineo
statement showing the following items:
e
Current Assets
Net Fixed Assets
Other Assets
Current Liabilities
Other Liabilities
Name of Firm preparing financial statements and date
prepared
Explain any difference between firm for which financial
statement was prepared and firm listed in section 1.0 of this
statement. (e.g. I parent, subsidiary, joint venture'l etc.)
14.0 Bank References
'/2-.t:=:o.-/DAJAL OF CE:JLC0f2--.&,pO
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15.0 Trade References
~C70'uCfZ LC;j-.-J/P/L--IC./I./7
tJr"':S/(' . !/)f--J /v I Ubi L. e~
I hereby certify that the information provided in this statement
is true and correct.
0OUL.[) ~.s 772 UL.7( 0/0
Name of Firm
41\c>\ 9~
Date
b:--ltJ)b~~-
Tit.le
/1
M/ ;;j-,t.J,6 (,~(
I
-(1W::zs. t:C5(
State of Colorado
County of ~$f2f/rG r;,
The foregoing statement was acknowledged before me t.his
/[7 h;-
)..'"
. r..?/
, 1 9 9 j., . by
of
day of
as
,
My Commission Expires Yo/99
Witness by hand and official seal
/~/)'j? :j) .h'r/~~.z/
Notary Public
Address
BID-QS
QS5*
Contractor's Qualification Statement
_ocument A305 - Electronic Format
The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to
be misleading.
SUBMITTED TO: Nick Adeh
ADDRESS,
City or Aspen
Enaineerina Department
130 South Galena Street
Aspen. CO 81611
SUBMITTED BY: Gould Construction Company.
Inc.
NAME: Mark C. Gould
ADDRESS:
Gould Construction Company. Inc.
6874 Hiohway 82
Glenwood Sprinos. CO. 81224
PRINCIPAL OFFICE:
[U
[
[
[
[
Corporation
Partnership
Individual
Joint Venture
Other
NAME OF PROJECT (if applicable):
--OF WORK (file separate form for each Classification of Work):
\II . ] General Construction [
'.
] Plumbing
L'U Other (please specify) Heayy & Highway
1. ORGANIZATION
HVAC
Electrical
1.1 How many years has your organization been in business as a Contractor? 16 years
1.2 How many years has your organization been in business under its present business name? 4 years
1.2.1 Under what other or former names has your organization operated?
THIS DOClJ"ENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA
DOCllMENT MAYBE MADE BY llSING AlA DOCUMENT D40 l.
This form is approved and recommended by The American Institute of Architects (AlA) and The Associated General Contractors of
.-\merican (AGe) for use in evaluating the qualifications of contractors. No endorsement of the submiuing party or verification of the
information is made by AlA or AGC.
Copyright 1964, 1969, 1979, 1986 by The American Institute of Architects, 1735 New York Avenue N.W, Washington D.C. 20006-5292,'-
Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the cop:(right
laws of the United States and will be subject to legal prosecution. .
.-\1 Ct;~r2\T .....31)5 . CONTRACTOR'S QUALIFICATION STATMENT _ 1986 EDITION. AlA _ COPYRIGHT 1986. THE AMERlCAN INSTITUTE OF ARCHITECTS. l735 NEW YORK
. :-;'\\"', WASHINOTON D.C.. 20006.5192. WARNI;'iO: Unlic~nscd pbo'ocoPYin.g viohtes U.S, copyrigbt h"'~ lllld is SlIbjec"o legal prosecnlion. This docnm~nt was cleclroniully
'" ndu l,cCllse number 29711l}J102 IndcanbereprodncedwilhoUI viohlionullliI2i1/97.
Electronic Document Service A305-1986 1
Norm Gould & Sons Construction. Inc.
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1.3 If your organization is a corporrtion, answer the following:
1.3.1 DateofincorilOration: June 11.1979
1.3.2 State of in!orporation: Colorado
1.3.3 President's name: Mark C. Gould
1.3.4 Vice-president's name(s):
Vice-oresident Richard Sorensen
1.3.5
1.3.6
Secretary's name: Ave Bowles
Treasurer's name: Marv Anne Gould
1.4 If your organization is a partnership, answer the following:
1.4.1
1.4.2
1.4.3
Date of organization:
Type of partnership (if applicable):
Narne(s) of general partner(s):
1.5 If your organization is individually owned, answer the following:
1.5.1
1.5.2
Date of organization:
Name of owner:
.
1.6 If the form of your organization is other than those listed above, describe it and name the principals:
r--.---
State of Colorado
i
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\ 2.2 List jurisdictions in which vour organization's partnership Of trade name is filed.
L~ {' .
2. LICENSING
2.1 List jurisdictions and trade categories in \vhich your organization is legally qualified to do business,
registration or license numbers, if applicable.
indicate
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AlA DOCUMENT A)05 _ CONTRACTOR'S QUALIFICATION STATlI.IENT . 19R6 EDITION _ AlA. COPYRIGHT 1986 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK
.~ \'E:-IUE N. W.. W ASHINOTON D.C. 20006-5292. WARNING; Uuliccnscd pbntllclIpying villhles U.S. .lIpyrighl hws and is subject tll legal ptll~eelltion. This dllcnmcnt was el..ulIuically
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3. EXPERIENCE
3.1 List the categories of work that your organization normally performs with its own forces.
Proiect Manaaement. Excavation/Embankment. Road Construction. Pioeline IConstruction. Truckin:a.
Mechanical Piplna. Misc. Concrete. Misc~ Carpentry
3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.)
3.2.1
Has your organization ever failed to complete any work awarded to it?
_~No
3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding ag~inst your
organization or its officers?
No
3.2.3 Has your organization filed any law suits or requested arbitration \vith regard to construction
contracts within the last five years?
No
3.3 Within the last five years, has any officer or principaL of you{organiz:ationever beerian officer or p~incipal of
another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.)
No
3.4 On a separate sheet, list major construction projects your organization has in prog.ress, giving the name
owner, architect, pontract amount, percent complete and scheduled completion date.
project,
Two Creeks. Snow mass Villaae
Snowmass Land Company. Jim Wells Proiect ManaCler. (970) 923-2880
Drexel Barrell. Mark Hallman Proiect Enllineer. (303) 442-4338
~6.852.527 .00
90% Complete
June 15.1996 Completion
Aspen Glen. Carbondale
Aspen Glen Company. Gary Lallie Proiect Manlaller (970) 963-4536
Schmueser Gordon Meyer. Louis Meyer Pro!l,ct EnCl. (970) 945-1004
$6.332.587.00 I
82% Complete
May 15. 1996 Completion
AL\ DOCl'!'>IEKT AlOS . CONTRACTOR'S QUALIFICATION STATMENT . 1985 EDITION - AlA. COPYRJGHT 1985 _ THE AMERJC.~N I!>iSTLTUTE OF ARCHITECTS. PlS NI=.... YORK
A\'E~"L'E ~',\V, W:\SHIl'OTON 0,(; 20006_5292, WARNING: Unliccn.cd pbalocapyiUl\ viahle. U.S. capyrighl laW5 and Is .ubjccllo leg.d prosecution. This documcnt "(IS ckclrollicllly
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Aspen Glen Waste Water Treatment Plant. Carbondale
Aspen Glen Company. Gary Lattie Project Manaaer. 19701 963-4536
Schmueser Gordon Mever. Louis Meyer Project Ena. 19701 945-1004
$1.575.861.00
81% Complete
April 30. Completion
3.4.1
State total worth of \Nark in progress and under contract:
Uncompleted Work:
$1.333.687.00
Work Under Contract: $14.760.975.00
3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name
of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with
your own forces.
SUBDIVISION CONSTRUCTION:
Horse Ranch. Snowmass Villaae
Snowmass Land Company. Jim Wells Proiect Manaaer. r9701 923-2880
Drexel Barrell. Mark Haaman Proiect Enaineer. 13031 442-4338
$3.690.640.00
June 1993
85%
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The Divide. Sno'Wmass Villaae
Snowmass Land Company. Jim Wells Proiect Manaaer. 19701 923-2880
Drexel Barrell. Mark Haamen Proiect Manaaer. (3031442-4338
$3.160.058.00
June 1991
80%
Hendrick Ranch. Carbondale
Hendrick Ranch Associates. Frank Taverna Owner. 19701 963-3300
Hiah Country Enaineerina. Rodaer Neal Project Ena. 970-945-8676
$1.361.586.00
May 1995
85%
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Al.~ DOCU!-IE};T AlO~. CONTRACTOR'S QUAlIFiCA.TlON STATMENT _ 1'86 EDIiION _ AlA - COPYRlGHT 19&6, THE AMERICAN INSTITUTE OF ARCHITECTS, 11~5 NEW YORK
A\"E,,-TE S 1\' WASHI:-lOTON D.C.. 20006_5292. WARNING: Unlicensed pbMllCOpying viol'IU U.S. copyright hws md is subject tll lqjal pIO~cculjllll. This dllClllD.ClIl "'os ClcctIlInicdly
eiThe Crossinas at Horse Ranch. Snowmass Villaae
Foresiaht Capital Facilities
Norman Wirkler Owner (970) 927 -3403
Drexel Barrell. Mark Haaman Project Enaineer (303) 442-4338
$1.329.398.00 I
June 1995
90%
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Castle Creek Valley Ranch. Pitkin Cou.!l!Y
Castle Creek Valley Ranch Partners
Phil Holstein (970) 925-6177
Schmueser Gordon Mever
Dean Gordon Proiect Enaineer. (970) 945-1004
$710.695.00
Auaust 1994
95%
Sprinaridae Place. Garfield County
Greenwald Children's Trust
Pat Fitzaerald Owner Rep.. (970) 945-6000
Enartech. Inc. Peter Belau Proiect Enaineer. (970) 945-2236
$599.928.00
Auaust 1994
90%
BRIDGE CONSTRUCTION:
Two Creeks Bridaes. Snowmass yillaae
Snowmass Land Company. Jim Wells Proie!'t Manaaer.Jg70) 923-2880
Lonco Consultina Enaineers
Jessie Fitzaerald Project Ena. (303) 620-0098
$653.035.00
November 1995
30%
Main Elk. East Elk & Garfield Creek Bridaes. Garfield County
Garfield County Road & Bridae. Kina Lloyd. (970) 945-6111
Schmueser Gordon Mever
Jeff Simmonson Project Enaineer. {9701 945-1004
$551.454.0Q.
Auaust1992
.A1A DOCU).,IENT A)05 . CONTRACTOR'S QUAtlFICAT10N STATMENT. 19M EDITION. AlA. COPYRlGHT 1'186. THE AMERICAN INSTITUTE OF ARCI1ITECTS. 1715 NEW YORK
A\"E:".TE NW, WASIllNGTO:-; D.C" 20006-5292. WARNING: Unliccn..d pbolocopyin! vi"l.lc~ U.S Cl'Jlyrighl h1'l's and is subjccllo legal prosecutioD. Thi9 dOClUUcnt WaS dectrooicdly
70%
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Confluence Bridae. Colorado Bridae. Glenwood Sorinas
Citv of Glenwood Sorinas
Larry Thompson City Enoineer. (970) 945-2575
Guv & Associates
Dale Kaup Proiect Enoineer. (970) 927-3167
$350.062.00
June 1993
80%
WATER STORAGE:
700.000 Gal. Steel Tank. Aspen Glen. Carbondale
Aspen Glen Company. Garv Lallie Proiect Manaoer. (9701 963-4536
Schmueser Gordon Mever
Louis Meyer Project Enoineer. (970) 945-1004
$230.000.00
October 1995
40%
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200.000 Gal. Concrete Tank. Horse Ranch. Snowmass Vjllaoe
Sowmass Water & Sanitation District
Dick Wall Manaoer. (9701 923-2056
McLauohlin Water Enoineers
Dean Derosier Proiect Eno. {9701 925.1920
$230.500.00
Mav 1993
40%
PUMP STATIONS:
Crvstal Well House. Carbondale
City of Carbondale. Peter Ware Public Works. {9701963:2733
Schmueser Gordon Mever
Louis Meyer Project Enoineer. (9701 945-1004
$217 .505.00
Auoust 1993
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\1,.\ I10CTME~T AlO~ . COl"TRACTOR'S QUALIFICATION ST!\TMEN1' . 19&6 EDITION" AlA" COPYRIGHT 1986 _ THE AMERICAN INSTITUTE OF ARCHITECTS. 113'5 NEW YOR"
\ \'ESL"E ;'i,W., W,\SHI:-<GTO:>l D.C 20006-5292 WARNING: Unlicensed pbolocopying violalc~ U,S. co!,yrigbl laws and is subjeCl 10 leg.1 proHculioll. This document Was' tlcc1ronically
e 60%
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Horse Ranch Sewer Lift Station. Snowmass Villaae
Snowmass Water & Sanitation District
Dick Wall Manaaer. 970-923-2056
McLauahlin Water Enaineers
Dean Derosier Prolect Ena. 970-925-1920
$185.984.00
June 1995
65%
3.5.1
State average annual amount of construction work performed during the past five years:
$ 5.964.800.00
Averaae Volume
$12.574.000.00
$ 5.121.000.00
$ 4.051.000.00
$ 4.865.000.00
$ 3.213.000.00
1995
1994
1993
1992
1991
3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your
organization.
All of the emplovees listed below are available for neW assianments.
Each emplovee listed has expeience In all aspects of work performed
bv Gould Construction Company.
Mark Gould
Richard Sorensen
David Konchan
MikeHolleman
Steve Antoneili
Cliff Lanuto
Jeff Sheeter
Kennv Jones
PresidenUCivil Enaineer 18vrs
Vice President 21 vrs
Civil Enaineer 14vrs
ProiectManaaerfEstimator 13vrs
Suoerintendent 9vrs
Superintendent 12vrs
Superintendent 12vrs
Safety Director 11 vrs
4. REFERENCES
4.1 Trade References:
Waaner Epulpment. 15 ptarmi<lnan Dr. GWS. CO 81601
Contact: Sandy Lowell
Weslern Petroleum. Box 848. GWS. CO 81601
Contact: Mike Fallor
AI.-\ DOCU~tE:-'-T .-\305 . CONTRACTOR'S QUALIFICATION STATMENT . 1986 EDITION - AlA. COPYRIGHT 1986. TIlE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK
A\'F.>,,:la:: S'>\'. WASIlI:>iOTON D,C 20006.5192. WARl>o'lNG: Unli<:cnscd pholocopying viohlcS V,S. copyrighl l3ws.ad is subjcct to lcgal prosecution. This dOClI1llenl was clulronically
Western Mobile. Box 368. GWS. CO 81601
Contact: K.R. Weatherlv
-
Grand River Construction. Box 1236. GWS. CO 81601
Contact: Greaa Riopy
4.2 Bank References:
ReQional Bank of Colorado. Box 752. Rifle. CO 81650
Contact: Geri Newell
Glenwood Independent Bank. Box 490. GWS. CO 81601
Contact: Don Vanderhof
Safeco. 165 South Union blvd Suite 610. Lakewood. CO 80228
Contact: Dick Martin
4.3 Surety:
4.3.1
Name of bonding company:
Washination International
4.3.2 Name and address of agent:
The Linden Company
Box 60130
Grand Junction. CO 81506
Barrv Blanchard (970) 245-8011
-
5. FINANCING
5.1 Financial Statement.
5.1.1 Attach a financial statement, preferably audited, including your organization1s latest balance and
income statement showing the following items:
Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, income,
deposits, materials inventory and prepaid expens'e's);
Net Fixed Assets:
Other Assets:
Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for
advances, accrued salaries and accrued payroll taxes);
Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned
retained earnings).
taxes,
and
5.1.2 Name and address of firm preparing attached tlnancial statement, and date thereof:
I,
Steve Lampman
Monahan Lampman & Co
Box 370
Glenwood SprinQs. CO 81601
AlA DOCl'ME1'T A305 . CONTRACTOR'S QUALtF]CATlON STATMENT . ]986 EDITION. A],\ . COPYRIGHT 1986 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK
~\'fSCE N\'... WASHINGTON D.C 20006.5292. WARNING' Unlit~nsed pholocopying ";olales U.S. copyrighl hws lDd i. 5uhjecllo legal pro~eculioo. This documenl "'u olcctrollic.Uy
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(970\ 946-8588
November 1995 Audit
5.1.3
Is the attached financial statement for the identical organization named on page one?
5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction?
Yes
6. SIGNATURE
6.1 Dated at
Name of Organization:
this
day of
19
By:
Title:
6.2
M being duly sworn deposes and says that the information provided herein is true and sufficiently
complete so as not to be misleading.
Subscribed and sworn before me this
Notary Public:
day of
19
My Commission Expires:
AI.\ DOCUMENT A:l05 . CONTRACTOR'S QUALIFICATION STATMENT . 1986 EDITION _ AlA _ COPYRIGHT 19S6. THE AMERICA)>; lNSTlTUTE OF ARCHITECTS, 1735 NEW YORK
A\'ESl'E NW. WASHINGTON DC 10006.Hn WARNING' l1nliccn.ed phot<le\lpying vialu~5 U.S e\lpyright hw. and is snbjcct to legal prosccul;\In. This docnment ,,'as'eleclronically
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BID NO:
96 01
BID DATE,
April 10. 1996
PROJECT:
Cooner
Avenue Imnrovements
c-&OULD LoA/S712 uL7i0;0
CONTRACTOR
PROPOSAL SUBMITTED BY:
CONTRACTOR'S PROPOSAL FORM
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates
this Proposal is made in good faith, without collusion or
connection with any other person or persons bidding for the ame
work, and that it is made in pursuance of and subject to all the
terms and conditions of the Advertisement for Bids and the
attached Request for Bid, all of which have been read and
examined prior to signature.
The Contractor agrees that construction shall start wi thin 10
days after receipt of the Notice to Proceed. The preconstruction
conference establishes the Notice to Proceed. Submitting of this
proposal will be taken by the City of Aspen as a binding covenant
that the Contractor will finish construction within ~5-
consecutive calendar days.
The ci.ty of Aspen reserves the right to make the
basis of the bid deemed most favorable to the City,
informalities or to reject any or all bids.
award on the
to waive any
The City shall not pay the Contractor for defective work an~/or
for repairs or additional work required for successful comple,tion
of the proj ec t. All work not specifically set forth as a: pay
item in the bid form shall be considered a subsidiary obliga'tion
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 the proper and
successful completion of the work, i~cluding furnishing all
BID-CP
PI"I-214f
CP-l*
REVISED: 3/27/96
-
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materials,
equipment and
tools;
complete
and performing
the work to
a
all labor
the C it
supervision to
satisfaction.
fully
Poor quality and workmanship shall not be paid for by the Ci
Such work product must be removed immediately and repla
properly at no cost to the City.
All quantities stipulated in the bid form at unit prices a:-02
app:!"-oximate and are to be used only as a basis :tor est...,:Lmating tr-.=
probable cost of. the Hork. and for the purpose of'--comparing t[:~
--
bids submitted to the City. The basis of payment shall be tr-~"
actual amount of materials furnished and work done. The
Contractor agrees to make no claim for damages, anticipatec
profits1 or otherwise on account of any differences between the
amount of work actually performed and materials actuall~l
furnished and the estimated amount of work.
The City reserves the right to increase or decrease the amount 0=
work to be done on the basis of the bid unit price and up to plus
or minus 30 percent of the total bid.
A<il.oienolum No>. (s)
ON~
have me~n received.
ESTIMATED QUANTITY LIST
:),.'~
T.TEr~ DESeRT ~'TIOU.
JJ]II.I
,1UANTITY
lJl-.:I~' P?ICE
l\f'ij()U~,,'T
-,._----~
,'.- :
i Z'.3l~ iO:'l / L:2'~".:::Jb .
OIle:
. II Gq I
$ -~-----
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:5
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$. j {)t()()O
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LF U 0 '; (p $ 72- {)
..,----~..- .-.,. ..- -
LF 7- :-: 0 L__~_ L 0 & .. 0
~-; .~. G '/ ,- 1-Q '; 0 7D
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E,A 2
Sy 26
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Clea':1 -"j'.n:;';e;: '~:;:?ipe:-i.':':.'
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",,' .
....
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. " . . ,..,.' . -', . '. :'.; ...,....~',. >.. : .. . . . '. - ..' .
E.^. "
~l~,. 5
EA On2
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L,P. 80
SY 2800
, . Sy
.. ...
..... ,t09,', (~i tell '~t8flS ' , . SA
. CO:1"c.;t(Ct:'.<b 'A:tA:,~~/;f~~cit ..... ..
.'" ~'OF:;" .\o{~ ~~<iijt:~P'~.:.~"<";: ':i:<- .,'EA. : . .
. -D'--ruc" 3.. ., .'ct. .,~.. n~ 1<'"
','=u,_~;:~_,,'. :~, ,~.'~".":...,:.~~~?:..~:J:,y.pe, ...
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-......."':""':::1..;,
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.c~a'.b '~c.,;$U(~?/ '.
'2C~=.. s~d~~a~k;.4~t~i~k BY
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~, ;:, ij ::::: .:.. .:,
..::(:)r~.pl:e ~ =i . -~~n :.:p;~'~S.,2:':'>
3ID~CB..
'2.;-1- :214 f.
" ':EA..
'. '. ,.L!-i'.
186,
US' '
7~7
r-'"
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:::lPO
.SY
75
. CI.J-3:}t
P.i':
$300 L_ 300
$ G $_.lJ~o
LIDO $~90
$ 30 $ 8~Q_
$ {f)Q. $ l,~
existing
${70 $ 3n9o
$ is s ~]_S
,.Goo $ Gco
"
L7.,?'-o $ 0, 1/0
$ 4 $ 32-0
.- 4 $ r 11 'Z-co
"
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$
So
$
100
3
. ~ '7.--00
:;:' $
9,b
4
'3,OOD
$ $
l '2--, 000
6
$\ \ '1 CD
$ 30
3'2
$--.--.-
, l4.
;-,
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;;;>------
L~1=?o
:;: q;, CZSO
L~2_1-?i9 1-
L??-I-kOO
$ 4 I '2---00
REVIS~D, 3/27/96
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HPP OS '~6 ~C;:0~~r'1 ~Ir('0( ~PEf1
. "..,
'.
, ~ . ", .: ~ - . - " -.' .
I:Ls,t:anCQ.nfr,<;\e:~~'i;10.4Y .'ramp,
:.wire'."'mes"h".'" :'. SY:
:' .'.' ,,- .~ ,., .;" i " ", .,:
I~~ r<3:'~'1....:t:{a~ :"~~.~"x,~~.. :~.~,~'~~'l t./
Graqing ,'\0" I . :Jj~.'~" thi9k ;'SY '."
. . .
. '. ,.,' '.. .' . - ,.'
I:15t:aij 'hat[t)ix,,;d ii~~hiit,'
" . '. _.'..'
q,'aciin9"CXOi.LS".thlck Sy'
.'.. '. .-, .'..
. ", ..
Ir~Bt:2.1J.';-.h'andi:caD':ra:mp3:' 'EJ~
" .-' ,'.:- ",.';'. :'''' :" -.,:--'" -:.
r.ciC1e q.,?t,(o;~giiijsY) SY
Tiickcoat(O;lga:l(,s'h 8Y
';?::1 \~2~:~I1.t: '.;.l'a~~,:l..~.g"; ,.,.t.her:~ni,?p las'ttc.
~ap~(.\'Ihit.el.'>
. SF:
. .".', . '-,. -.' -," "" .
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Cive:.:--:".e.xcav'3.t.'ibri', i.,'~'bac~'~'fl1"
, . ., '- ' ..... '..< .-, ::,.:\":~..~,"...--:-"'"
wLch cl~~S6"';~C' ......._Cy
. .
'::" ,r:af f i\~ ',C~~-t'~?l
. LS,
.','
, :'
". .' .~. ,. . ,-
i'~:.,nl~L''' CO~,t.T~aCJ:: . i\.'~V:~S:~~*$" . LS:
cC:10ULD
1
'L'.aJS!' ·
t102~~lAiz.~~",-
.~V\; . .' .
. J'
I"
:3.ID-ClJ
C:P~ '1'"
~,';'i - 2 :L4.f .
P.'3
6" thick'with 6x6-\n,4xI'1l.1
13 0 $ 3(, $ 4 I 1050
2700 $ lo.~ $ 27,04-0
2700 $ c;.0o 141 3'70
$
"I $ i90 $ Co 070
,
~~ ,
2700 $ $ 2( 1100
2700 $ 0'2--0 $ 070
---
600 $ '7= 7C; $ '3 14-'70
5 $ 10 $ '300
2 $_1 C?Q ,. 500
~
1400 $ S $ I 000
I
100 $ .2.0 $ '2-, 0=0
. Ope $ L010oC$ 'Z-O I 000
One $3000.00 $3000.00
TOTAL,
2-4-9 ( 7'2:-0
. H9G, 12:..1
RBVISED, 3/27/96
~...
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Name
6I2-A-I'JO
121 \/cf2-
q AS ./.,C<:
~ ~'l /.....'J(j
Phone
Address c:::7 vU S
Service or Product A.sP)..;kJL-i
Name
Phone
Address
Service or Product
Name
Phone
Address
Service or Product
Bids will be compared on the basis of the stated number of units
in the proposal forms. Payment on the contract will be based on
actual number of units installed on the completed work.
The undersigned agrees to enter into a contract with the City of
Aspen, Colorado within ten (10) days after the notification of
award.
ATTEST:
dJ. ~;{:; ~
. .1t!:'..-;r?.-. . (. -:-> r-':7 1 ':-
___ t-
C;ouGP c';U5 ( ~
~/
Secretary
Corporation
CYV~JL~ C<.
President
Addrbss -
bco?q- ~ g,c
BID-CP
PW-214f
CP-5*
REVISED: 3/ 7/96
--
--
.
M96.122
City -
BID-CP
PW-214f
6tLN~S:fLt~5-
State
G::::-,
CP-6*
REVISED: 3/2 /96
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LIQUIDATED DAMAGES AND
FAILURE TO COMPLETE WORK ON TIME AGREEMENT
The undersigned Contractor declares his/her full awareness of the
content and terms of this Contract and affirms that the contractual
time is the period mentioned in the Contract Specifications plus
time extensions granted by the City of Aspen for successful
completion of work. The undersigned further acknowledges he
understands and agrees to liquidated damages to be deducted from
moneys due him for any delayed day beyond the contract time at the
rate of $500 per day.
Attes1::
Corp.
Seal
Contractor
By:
~~~~
STATE OF COLORADO
SS.
COUNTY
Before me
for
, a notary public in an~
County, Colorado, personally appeared
known to me personally to be the
whose signature(s) appear hereon and who subscribed
signature(s) in my presence this
, A.D. 19 .
person(s)
her/their
day of
My commission
expires: I e;/q l'
6d J: ~ ..c
' '4?/ '(":" .,j(~'t7]d 1,~~-
Notary Publ~c .
I
(SEAL)
. BID-LD
LDl*
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AFFIDAVIT OF COMPLIANCE
The undersigned contractor has read a copy of the contract specifications of the City of Aspen. .The
undersigned hereby affinns that he/she does not now, nor will in the future, violate the provisions of said
specifications, so long as he/she is under contract to City of Aspen for the performance of a contract. The
undersigned further acknowledges he/she understands and agrees to all terms and conditions of the Aspen
Municipal Code and its being part of the contract with the City of Aspen.
GCY.-JLD CONS7l2.. UC77DN
(Contractor)
BY:,~~~ ~Vij~~-r t/ P
, (Name & Signature of President or Company's legal Repre-kntative)
DATE:
4(IO(QC;;
:\tkst:
/7
'7"1 .
/ ~ ./'d.>
-~...--- ~~6-'
S~CTetal;-
f .P~
./ ~<"= . /
Before me Aw:~, :;': 1;)~) t,1 ,; t>S , a notary public in and for 1;'/; '('.r', ,?~ (\ County,
Colorado, personally appeared,Rl r' ~ (' yo A S'n ,<,p ",.$'<" '(I known to me pers<pnally to be
the person(s) whose signature (s) appear hereon and who subscribed her/their signature(s) in n1Y presence
this /11 -:f)) day of 1)'1< .l , A.D. 19 9l .
My Commission expires: ) /4 {3u
}/ -;/ '/ /
(SEAL)
//.)'J~/
Notary Public
., 00-"7
-'<I h!!VA';j~ /
AC1*
(Iaim-R
.
.
CONTRACT FOR CONSTRUCTION IN THE
CITY OF ASPEN, COLORADO
This agreement, made and entered into this ~ day of ~
in the year Nineteen Hundred ~G?
, by and between the CITY OF
ASPEN, COLORADO, hereinafter called the Owner, and ~t?(~~
(.OAfWIZ,t,JLilcrJ
, hereinafter called the Contractor.
WITNESSETH, that the Owner and the Contractor, for the considerations
hereinafter named in the annexed proposal, agree as follows:
ARTICLE 1 - SCOPE OF WORK:
The Contractor shall furnish all materials and perform all work in
the manner described in the Request for Bid entitled:
Cooper Avenue Improvements
ARTICLE 2-NOTICE TO PROCEED, TIME OF COMPLETION:
The Contractor agrees to commence work under this Contract withih IO
days after the receipt of a Notice to Proceed and to complete. all
work thereunder not later than as specified in the Spelcial
Conditions.
After the Contractor and
agreement, a dated City
unless otherwise notified
the City Manager of ASPEN have signed !this
of ASPEN Preconstruction Conference ~ill,
in writing, constitute a Notice to Proceed.
A working day shall be any day except Saturdays and Sundays and llegal
holidays upon which the Contractor can physically and legally
prosecute' the work. The Contractor shall not carryon construqtion
operations on Saturdays, Sundays or holidays unless previously
arranged, except for prewetting, making emergency repairs and
providing proper protection of the work. Saturdays, Sundays and
holidays will not be counted as working days when the Contractor
utilizes such days for construction work. Working days will no!t be
counted when rain or muddy or frozen ground interferes with the work.
If the work is delayed due to causes beyond the Contractor's
control, workinq days will not be counted provided the Contractor
notifies the City and produces satisfactory evidence that the delay
was unavoidable and siqns and dates the City's Standard Daily
Construction loq prepared by the City's pro;ect inspector.
Contractor's Initials ILt/l/
.flLE: B1DCO'J'-;TR.
" SK: BID DQC./GEN. CONn.
"
Cl**
ARTICLE 3 - CONTRACT SUM:
The Owner shall pay to the Contractor for the performance of the
Contract, subj ect to additions and deductions provided therein, in
current funds, the sum "1[;(0 MJ;;v'O!2E:7::J ,cO/27'-/ hvC:;' 77f~u5~
plldS tifVA./Oa: Bo ;-~~
dollars, at times and in the anner hereinafter provided.
.
ARTICLE 4 - MISCELLANEOUS:
(a) Whenever the OWner terminates the Contract in accordance with
the terms thereof, the surety shall, within fifteen (15)
consecutive days of said date of termination by Owner, notify
the Owner in writing of its election to complete the Contract
in accordance with its terms and conditions or notify the
Owner that the surety elects not to complete the Contract in
accordance with its terms and conditions or notify the ~er
that the surety elects not to complete the Contract. If, the
surety fails to give the written notice so required within' the
said fifteen (15) consecutive days period, then it will be
deemed that it has elected not to complete the Contract.
Should the surety elect to complete the Contract, then it
shall obtain a Contractor, contract with such Contractor on
the basis of completing the Contract in accordance with, its
terms and prosecute the work with due diligence. The su~ety
shall be entitled to receive the benefits of the Contract, not
to exceed its costs of completion, from the Owner at the . ,,"
time (s) set forth in the Contract, but not to exceed the
actual costs of completion. Any progress payments due but not
paid at the date of termination shall be paid to the
Contractor and the surety, jointly; however, if there are
other claims made to such funds, or any part thereof, the
Owner shall be entitled to retain the same until legal release
is furnished to Owner by surety. .
In the event the surety elects not to complete the Contr'act,
the Owner may then have the work completed in such means, and
in such manner, by Contract with or without public letting, or
otherwise, as it may deem advisable. The surety in such eyent
shall at all times make available as work progresses under, the
Contract between the Owner and its new Contractor suffidient
funds to pay the cost of the completion of the Contract asl per
its terms, but in no event shall the surety be responsibl~ for
the payment of any sums to the OWner to and until the qwner
has paid in full the total obligation to be expended by it
under the terms of the original Contract plus change orde~s if
any.
Contractor's Initials
jC.r
.
nLE: BIDCONTR.
D1S!\:: BID OOC./GEN. CONDo
C2**
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In the event the surety elects not to complete, it shall be
responsible to the Owner, along with any and all other damages for
which it is responsible under law, the Contract and the bon~(s)
furnished for an amount of five (5) percent of the completion
Contract which has to be executed between the Owner and its, new
Contractor. This figure represents liquidated damages for
additional engineering time and additional time of City persopnel
involved in reJ.etting and taking care of other items, all of which
is difficul t to ascertain and impossible to account for. Such
amount iSj 'fair, adequate, and satisfactory with the parties
Contracting hereto. In addition, along with all other damages set
forth, if the job is not completed on the completion date, and
regardless of terminating or not terminating the Contract, the
surety and the Contractor shall be responsible to the Owner for ten
(10) percent of the money it has expended on the job from the ~ate
the job should have been completed.
The procedures set forth in this contract shall apply shpuld
there be a default and termination or a succession of defaults
and terminations in fulfilling the terms and conditions of
work under this original Contract.
In the event there are negotiations between the Contra'ctor
and/or the surety and the Owner subsequent to the date of
termination, said parties shall appoint a duly authorized
representative with authority to represent them during the
negotiation. All written communications and offiCial
discussions between the parties shall be conducted by the duly
authorized representatives.
(b)
In the event any action in court is brought against the qwner
or Engineer, or any officer or agent of either of them,' for
the failure, omission or neglect of the Contractor to per!form
any of the undertaken; or for injury or damage caused by, the
alleged negligence of the Contractor or his subcontractorS o~
his or their agents, or in connection with any claim based on
lawful demand of subcontractors, workmen, material,' or
suppliers; the Contractor shall indemnify and save harmless
the Owner and Engineer and their officers and agents from! all
losses, damages', costs, expenses, judgments, or dec:ra:es
arising out of such action. The term "expenses" in the ,case
of the Owner or officer(s) or agent(s) thereof, shall be
deemed to be the following amount: all attorney fees of
attorneys retained or employed by the City of defense of any
of the above described court actions.
The parties agree that it is fair and proper to include this
in the City's "expense" because the time spent on defense of a
lawsuit or lawsuits means the City loses all attorney time
used on the litigation which could profitably be used on
Contractor's Initials 00
BIDCO-:-'TR.
l\l[) D()(::.IGEN. CONDo
C3**
_.".~~----. ....,~
other, important items of City business. The amount of
attorney fees shall be proven by affidavit of each atto,rney
retained or employed by the City stating hours spent and. the
hourly rate along with reasonable fees for all paral,egal
services relating to the litigation.
...,~.
.....,
ARTICLE 5 - CONTRACT DOCUMENTS
Shall consist of the fOklowing: Advertisement for Bidd, Instruction
to Bidders, General Conditions, Special Conditions, Drawings for, the
project, Contractor's Proposal, Contract for Construc~ion,
Performance Bond, Maintenance Bond, Labor and Material Payment ~ond,
Liquidated Damages and Failure to Complete Work on Time Agreenjent,
Affidavit of Compliance with City of ASPEN Non-Discrimination qode,
Affidavit of Residency, Claim Release, and Addendum No. (s) (JAi~
, from the Contract and they are as fully a part of the
Contract as if hereto attached or herein repeated.
ARTICLE 6 - AGREEMENT:
This agreement
administrators,
hereto.
shall be
successors,
binding upon
and assigns
the heirs,
of each of
executors,
the parties
IN WITNESS WHEREOF: The said Contractor has hereunto set his hand
and seal, and the said incorporated City of ASPEN, Colorado has
caused this agreement to be signed by its representative and
countersigned by its City Clerk, the day and year first writteIl
above.
.'....
.'
Attest:
'Corp. .
Seal
~.-LZ:> 0vSf
11I~(oCr~
By:
President
'r
Attest: ;,! /~
~~~ By:
City Clerk
" ' .
//:-?1/J&a':u; -$ /z/fk
/ City Attorney ,
Contractor's Initials ~
FILE: RIDCONTR.
DISK, DID DOC/GEN. CONDo
C4**
.