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HomeMy WebLinkAboutresolution.council.027-97 '. . . ., RESOLUTION # c2i- Series of 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING EXECUTION OF A CONTRACT WITH PAUL RASMUSSEN CONSTRUCTION COMPANY, FOR THE TENTH HOLE BAR AND GRILLE RESTAURANT REMODEL 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 Paul Rasmussen Construction Company, 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 Paul Rasmussen Construction Company for the Tenth Hole Bar and Grille Restaurant Remodel, a copy of which is annexed hereto and incorporated here, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. Dated: ~~ /i , 1997 r;; John S. Be ett, Jyor Rt\-<:4/ E. .I<; ~Af. s fIt.-~D/ '{ ff>' \.-~ e ~ ~. . " I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 14, 1997. ;;:;~jltft4J1~ (f{4~A Ka ryn S. Koch, City lerlc PAYMENT BOND 0~ , , BOND NO. ARB 008797 KNOW ALl. PERSONS BY THESE PRESENTS; i1lat we, the undersigned, as, .dre:~~:T ::C:MTlC:C:RN ("nl\T"~RTl~~ COMPANY 650 E. BLEEKER. ASPEN',~~ 81611 (~a~ TNr having a lagal business Il.M"R'RTrIl.N R'RT,TART,E as Principal. hereinafter called 'Principal", end INSURANCE COMPANY (SInIy's -t . a CORPORATION (~. p~___gt""""'J 8655 VIA DE VENTURA, SCOTTSDALE, AZ 85258 -.- . a ccrpomon ol'Q3niZed under tne laws of ll1e State of ARI ZONA and qualified lD lI'ansad business In the State C'! ::;Oioraco. hereinafter called 'Surety', anl held a!ld firmly bound unlD 1he City of Aspen, a Colorado home rule munidpality, as Obligee. h~nafter called 'City., in tile amount of: STX'T'V 'T'HOTJS1liND FIVE HUNDRED'TWENTY THREE AND NO/100 ($ 60,523.0i) In lawful money of the United Stales fer payment whereof Principal and Surely bind themselves, their heirs, executcrs, edminiatralDrs. su=ssors and assigns. jointly and severally, firmly unto tIlese present WHEREAS, Ptindpal has by written agr=ement dated APRI L 3 1921 entered into a contract with Cltyfora projectenlilled; PRn.TRr'T' NO. 97-005 . TENTH HOLE RESTAURANT REMODEL in s=rdance with the COntract Documents which COntract Documents is by reference made a part hereof, and is ' hereinafter referred to as tile Contract .OW, THEREFORE. THE CONOmON OF THIS OBUGATlON is such that if Prindpal shall promptly malce payment to I claimants hereinafter defined, for alllabclr and malerial used or reasonably required fer ll1e use in the pmfcrmance of ." tha Conll'act, tIlen this obligalion shall be void; otherwise it shall remain in fun ferce and elfeCt subjee:. nowever, to the fcllawing condItiOns: 1, A Claimant is defined as having a dinact. conlI'act with tile Princ:ipal or with subcontractor at ll1e Prindllal for labor. matena.. or both. used or reasonably required fer tha performance at the Contract. labor alld material being ccn5lnled to indude tIlat part of water, gas, power, light, heat, OIl, gascline, t2lephone service or rental equipment directly applicable to tile Contract. 2. The abcve-name Principal and Surety hereby jointly and sevenllly agree with the City that l!Nery claimant as herein defined who has not been paid in full beftlre tile expiration of ninety (90) days after the elate en whic.": !:tie last of such claimant's work or labor was dene or performed or materials were furniShed by such claimant, may sue on this tiond for use at such sums as may be justly cue claimant, and have execution thereon. The City shall not be liable fer the payment of any costs or expenses of any sucn suit 3. No suit or selion shall commence hereunder by any claimant (a) Unless claimant, other than one haVing a direct contract with the Principal shall have given written notice to any of the following: The Principal, the Cily, or tile Surely above named, within ninety (90) days sfler such claimant did or performed the last of the work or labor, or fumished the last at the material for which said daim Is made. stating with substantial accunlCY the amount daimed and ll1e name of the party to whom the malerias were 1\Jmished, or for whom the work of lab~r was done or Ferformed. Such notice shall be served by mailing the same registered mail or certified mail. postage prEpaid, in' an enve<cpe addressed to the Principal, Cily or Surely, at any place where an olfice IS -YSl P_'l .' VSl-971.doc , e . ,regularly maintained fer l!1e trani!'adion of business, or &llMId i!1 any manner in which legal process may belllllVl!d In the State at Cclarado.' . (b) A/Ier!tle expiralian of one (1) year felfawlng the date an which Principal ceased wct1c on said Con1ract, it being unde...hM1, however, that if any IImitatian embcdlecl in this Bond Is prohibited by any law cantroBing i can5llUdlon hersaf, such llmilatian shaD be deemed lD be amended SO as lD be equal lD the mlnlmum perfocl at funilaliOIl permitted by sUCh law. (e) Other than in a stale of competent jurisdidion in and for the COunty .at Pitkin, State of CoIonIda.. 4. The amount of this Bond sh8lI be ran' 'ee(l lD the extent of any payment or payments m:ade llereunder, inclusive of the paymant by surety of Dens or claims wI1icll may be filed of I'l!COl'd against the improvemenl(s), whetller or nat claim fer the amount of BlICh lien be p....~- :lied under and against this Bonet 5. This Bond is 'intended lI:I be In salisfadion of. and in addition lD, the bond requir2cl pursuant lD Sec:licn 38-25- 105. C.R.S., as amended. . e No fir.al setlIement between It1e City and Prin_cipa/ shall abridge the right of any benetlciazy ll6reunder, whose claim may be UftSatisfieI1 SIGNED AND SEALED this 3RD day of APRIL .1992-. PRINCIPAL:l'AUL RASMUSSEN CONSTRUCTION COMPAN(B9aIJ[NC. By: Attest: Tdle: PZ'\TTT Rn.~MTTqqF.N _ PRli'C:TnH''i\Trfl . SURETY: fMERICAN R~F.T. TN!,;TTRIINCF. ("OMPIINY BY.V~~ r {f~ ~" Title: WTT,~()N w ("nr,RMn.1\T ATTORNEY IN FACT (seal) .~ NOTE; A=mpany this bend wItI1 certified copy of General Power of AlIl:lmey fItlm the Surety Company 10 inch.lde the date of the bond. (Date of Band must net be prier lD date of Contract). If Princfpal is a Partnership, all pal1nelS should execute Bond, -rill PlIg,,:z e YBI.971.dac e . e CONTRACT FOR CONSTRUCTION T1IL_ -c1,$T." ......._ I THIS AGREEMENT, made and entered into on the Clrt OF ASPEN, Colorado, Rasm','ssen Canst; Co. Inc. .....--- '. April 7.-1997. _ :-._, by and between hereinafter called the "City", and , hereinafter called the "Contractor". ._--.. WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published. in the manner and for the time required by law, an advertisement, for the project:. Tenth Hole, Restaurant Remodel and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct . invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, . WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; . NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work. as fully described in the Contract Documents. 2. The Contractor shall fumish all of the materials, supplies, tools, equipment, labor and . other services necessary for the construction and completion of the Work described herein. . 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. The Contra,lo,.tor agrees to perform all of the Work described in the Contract Documents and complv with the terms therein for a sum not to exceed Sixtv ThonsiUllL .- - - Hunrl.:~d_ Twenty Three ($ 60,523 ) DOLLARS or as shown on the BID 4. Five proposal. CCl-97l.doc Page 1 -CCl 5. The term .Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the- City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) . following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have' the right to assign, transfer or sublet his. or her interest or obligations hereunder without the written consent of the other party. e . e '13. 8. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in' accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attomey's fees. Jsot' .- This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no .construction shall be made or. CC1-971.dcc Page 2 -CCl - 14. presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. The undersigned representative. of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein, IN WITNESS WHEREOF, the parties agree hereto have. executed this Contract For Construction on the date first above written. . -: ~. ATTESTED BY: ~ r:;/;;.,..lCl~ CITY OF ASPEN, COLORADO By: J!;;L- 1'/ ~/ Title: As~f . C~ /Co/A-- / /' RECOMMENDED F:OR APPROVAL: .'(<//~ ~. .' / . City Engineering Deparbnent APPROVED AS TO FORM: By: ....~(//?O/d3c" ~/?l/qr CitYA(tto ey ATTESTED BY: CONTRACTOR: t? Rasmussen Const. Co. Inc. By: Pau3- Rasmussen / / {; Title: President Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. e .\ CCl.971.dcc P.ce 3 -eCl - AMERICAN RELIABLE INSURANCE COMPANY AdmlnlslrallycOfficc: !655 E. VI. Dc Venlura Scottsdale, Arizona 85258 GENERAL roWER OF ATTORNEY GPA 33440 Know....1I Men by These Pmcnts. Thai AmcrlcllI Reliable InsunnCl:l Company. . corponllon duly orsanl:zcd and exlstlnl under the 1i:1\'" Grllw SUllO: or Arimn.. and hal/tnlllS ndmlnlsllnllllc omc:cin Scottsdale, Maricopa County, ArlZllJII, dOCl by these presents make, capslllulc and appoint .....WILSON W. COLEMAN.... of Glcnwnnd Snrlnp. ami Slate of ~lIs IJuc and lawful Allo~.ln.F.cr. with full power IIIld authority for IIIld on bchnlroflhc CompllllY I\lI 5U~t)'. 10_ execute and deliver lImlllm. the seal of the Company lhelclo, If. lCallJ Rqulrcd, on bonds, undcrtllklngs, rccogni<tllllcc, conscn... of sun:ly, or olher "tlllen oblillnlions in the nllurc thereof, llI'follows ....CONTRACfUONDS. MAXIMUM rENALTY 5150.000.00.... ".ALL UTilE" BONDS. MAXIMUM PENALTY $:lS,OOO,OO"'. -TIll'': MWER OF ATTORNEY <a1A11 TF.Ri"NAJ1I: AND HE OF NO FIIRTIIF.R F.FFFrr AFTER nEr. II ,..,.. and to bind the CompllflY thereby u lidly and to the SIlltlC e.tenl U lflucb boftdl were Illned by the President, "1Iled with lhe <;orporate lelll of the CompllllY IIId duly attested by the Se<;relary, hereby rlltll'ylnllll\d conflnnin; all thld lhe said Auomey.ln-FIl<;1 may do In the pn:mlse5. Said appointment Is Rlode under IIIld by Ilutho,ily or ihe rollowinl resolution adopted by the Board ofOlrc(;tQTt orthe American Reliable InlurlUlee ComplUlY, 111 II meeting held on the 29th dmy or Jllly, 199). In wltncs. whereof', American Reliable Insurance Company hu caused these presents 10 bellllned by Its amud Ihls Z1b. day ofr:lnumhu, AD.,l22f. VICl!!Pre<llrlenl and Its COIpOmc seaJ 10 bel bcrelo SlateorArlwna :\\\\\lIIII"'1111/, ~",''i. ~ IN'U,lt..1J'"",~ ~.~.,. .........0 ~ iif( ..'" Ii cP""O""'.. ,\ -,. ~ = ~~ el!!~\. y$ ~-... ~ ~ * .......... ... ~ '?o.l.l.ll. "RIZO"-PO ~\\~ 1'I"'IIIUIII\\\\\'i. AMERICAN RELIABLE INSURANCE COMPANY by: ~~A Stephen C. Kolb, VlcePrcsldent SS: CountyorMarieopl e On Ihl.I1b.. dlY of' Nanm.b:ct.. In the yearl!!26. bcrDnlmo me to be the person who executed the within hUlI1lmcnt u <;ofJJotatloneXeculedIt. n_nA nick VIr.p.;P,...c!denl ,a nolary public, pcnotllllly appcllrCd Stephen r. "nth ,pcnonllny known to on behalr or the corpoflltlon therein named !lnd IIcknowledc;d to me that the -- ~ GWEN A. DICK n - Ndary Pubic. SlaIe 01 .At1Ionl MARICOPA ClXJNlY ",'or_"E>oIou,,,,,t,,,. JfjJ.. a rR NOTAlI.V'UBLlC RESOLUTION OF TilE BOARD OF DIRECTORS Oil' AMERICAN REL ABLE INSURANCE COMPANY e WHEREAS, II Is ncecssuy rOJ the effectual tnnIKllon orbllSmeu tI\IlI thl. Company appolnl.gents IOd aUorneys with power and IUthorlty to ad ror II and In Its nlme In the Stllles orlbe UnllCd SllIlet and the U.S. Vlraln Islands. RESOLVEDtthuthe Company do and II hereby d~ authori1c 11I4 empower the Pl'Clldent, Executive Vlecr Pn::.ldenl or Vice Pinldcnts In col\lurn:llon with III Scc:rellll)' or one or Its Dosllnlled Slgnen, under Its corporale selll, 10 Ippolilt any pcrson or peno'n.to ICIlllt.lrue llIld lo.wrullllomcy-ln-roCI,IO necule and deliver any Bnd all contracts, cuaranlcclnc the ndelity or person. holdinl po.ltions orpublle or prlvale trust. luonmloelns the perfonmmccs or <<IntIKII otheJ than Insurance pollele. and eaeeuling Dr gUlranteclng bonds and undcrtal:lnp. required orpcnnllled 10 allll:tlon. orproecedlnll, or by IIlW III10w;d; and FURTlIER RESOLVED, thll the slslllltun: or any offiw authorized by {eSOlullons orthls Boud and the Company seal mlY be: affixed by r.cilmlle to any powcrof'auomey or specld po~r oflflomey or certlfjCllllon ofelther given rorlbe cxecuUon otany bond, undertaklng,lCcognlzance ornther wrltlen obllll1llon In the natureihetear; such !;Isnature and sell, when 50 used belnl hCRby adopted by the Company as tha original slllllltUte or'Dch officer lUll! Ihe orlalnal semi orllle Company,to be valid and hlndlnl upon the Company with the .lme force and elTeet as thoup mllnulllly affixtld. I CC:rlll)o the abovo:: II a &rue copy or I n:wlullDn adoplCd Id the meetln. orthc Doard ofDln!eton: or AMERICAN RELIABLE INS\.IRANCE COMPANY, an Januuy 25,1996. a;-r.. pC '- . ,'. ,.~- e SIIcaIITAlI.Y I, the undcnlllltld Sec:rellry of American Reliable Inswaneo Company hereby certll'y thlll tho above and roreaolnl I. :.. full, lrue and correct cop)' of'lha OrI.lnd POWer or Attorney Issued by said Company, Md do hereby rurther ccrtlfy thld the sald,POWU or Attorney Is stili In rareo and effect. And I do hereby filrther"eertlr, mil tho CertUlelde ofthl. Power or Altomcy II .Ianed and acded by f'lCSlrnlle under and by the IUtharity orthc followln. resolution adopted by tlte Doard or DIrectors of the American Reliable Insumnce CompllnY It a meeting duly ClUed and held on the 29th dllY or July, 199], IJId ibid said n:solullonhunolbeenlntcndedorn:pcal~d: -Rtlolved, thlt dIe Ilplllurc or the Scc:rctary Dr the Corpontlon, and tho sed of the Corpondon, mlY be affixed or printed by rllcslmlle 10 any ccrtlRelle to I Power or Ahorney or this Corporation, and thllt such printed facsimile 51lnatun: and JCII shall be vlllld and binding upon thl. Corporallon" (lIven undtlrm)' hlllldand thcacd oruldCompany, thll...J.B.D..dllY or.-A.E.R.I...~_. 199.1.. &.;7: ..pC, '- . . '- TillS POWER OF' ATrORNEV EFFECTIVE ONLY IF AITACIIED TO BOND r-"o. ARB 008797 IllcaETAR't e - -. 'II' MAINTENANCE BOND BOND NO. ARB 008797 KNOW ALL PERSONS BY THESE PRESENTS, That we. the undersigned, as P II HI. R IISMHS SRN rON~rrRurrpTON rnMP~NY TNr'.aOf ll..~PF.N. ("() Rl (;11 , as Principal. hereinafter refell'l!d to as "Principar, and n.M"RRTraN R"RT,T:nrU,R TMC:TTPn,Nr''}:i' T1\T~TTR211\T""'"H' r,"",MDZU\TV --' a cc:;:c",jon organized under the laws of the Slate or /\ RT ?:nN/\ , and qualified tD transact buosiness in the State or Colorado, as "Sul1lty- are held and Jinnly bound unlc the City.of Aspen, ColOrado, as obligee, hereinafter refell'ed tD as "City," in the penai sum or: SIXTY THOUSAND FIVE HUNDRED TWENTY THREE IIND NO/lOa Dollars ($ 6 0 , 5 2 3 . 0 0 I. lawful money of the United States of Amenca. far the Payment of whieh sum. well and truly to be made to the City, we bind ourselves, and aur heirs, executors, administratCf'S, lIU=ors, and assignees, joinlly and severally, by these presents: WHEREAS, said Principal has entered inle a written Conll'aCt with the obligee dated 1\ P" T T ~, 19-9.1. for flJmishing all equipment, laber, tecls and materials for. PRO,TRrrr NO Q7_n(1t; 'T'H'1\1'T'T-T r.1'(jT,E RESTAURANT REMODEL in ac:::::r-u.<:,,=e with detailed plans and specil'lcatiens on ftle in the ofIig: of the City Cieri<; of said City, a copy of which Conttact is aU:ached herele and made a part hereof. NOW THERefORE, The conditions of the foregoing Obligations are osuch that if the said' Principal shan well and truly perfcnn all the covenants and conditions of this Centract en the part of said Principal lI:l be performed. and repair or replace all defeds .for a period of two yeazts) as provided herein, and protect and save h:lrm:ess the City of Aspen. CoIOlCldCl, from all loss and damages Ie life or property suffered or sustained by any person, ftnn or corporation, caused by said Principal or his agents or his employees. In tile perlcrmance of said worK. or by. or in consequence of any negligence, carelessness, or misconduct in lluartling and protecting same. or from any improper or defective equipment or materials used in the work. or OIl1er damages. COSlS and expenses and set fcrtIl in such Co~cts, then this abfigatian shan be void olI1eI'Wise Ie remain in filU force and effect in taw. This Bond guarantee5 that the material and equipment fumished and used. end woricmanship employed in tile performance of the wori<; described in this Contrad will be of such character and quality. as to insulll it to be free from all defects and in continuous geed artIer and in a condition salisfactcry to the Goveming Body of 'the City of Aspen for a petiad oftwa year(5) from the date of the issuance of the Certificate ofCempletlon. This Bond guarantees that the said Principal will keep and maintain the subject werk wil!Iout additional charge or cost Ie the City of a period spec:fied, and make such repairs or liIplacement of any defective construction as the City may deem necessary. MB1.971.aac ""MBI Page: I , e. - e The said Principal5ha11 net be requited ta msinlBin anY part of the iml"o.;ement under t!1is guarantee wIlich. after its ccmplelicn and acceptance shaD have. been remaved or altered by tile City at its agent. SIGNED AND SEAlED thi:s _of. n''J:)~TT. . 1992-- 1 PRINClPAL:PATTT, 'R.n~MTT~~RN ('nl\Tg'T'RTT("I"f1TtlN ('I()MDn1{~INC. By: AlIest T~ PAUL RASMUSSEN - PR~~TDENT SURETY: . ~B:~ZJ~:~;IlL:;:::'P~."~:C~ ~ (seal) . Tille: WILSON W. COLEM~N ATORNEY IN FACT (Acc:cmpany lt1is bond wi1h cerifIed ccpy of General Power of Altcmey frOm the Surety Campany to include the date of the bonl1) MBI.971.doc -&.181 Page: 1 .. .. ~ ~- . CERTIFICATE OF INCORPORATION t2 S'"",w'iS'<p(';,r<.L (To be oom,1eted . Co,,,,,"'" ~ a em"om'on) . c9.r.,. STATE OF Colorado . ) Pitkin ) 55. COUNTY OF ) On this 7th day of Aoril , 19...2.L, before me appeared P;""l R"''''mll'''''''''n , to me personally known, who, being by me first duly sworn, did say that slhe is Paul Rasmussen of . Rasmussen Const. Co. Inc and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument'to be the free act and deed of said corporation. WITNESS MY 'HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public Address My commission expires: ~ . CC1.97l.doc Page 4 -CCl ." 'i:;., e . LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME BID #97.005 The undersigned contractor declares hislher 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 the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any ~elayed calendar day beyond the total time at the rate of $250.00 per day. This amount and the total allowed time by the City shallnot be negotiable under any conditions, Attest: Corporate Seal 0(0. SJ">'><- JJ.,.... . (;,.. S /,. G. ...ThC- ~~ / coop,;) 67 By: STATE OF COLORADO. ) ) SS. COUNTY ) Before me . a notary public and for County, Colorado personally appeared me personally to be the person(s) whose signature(s) in my presence this , A.D. 199_. My commission expires: (Seal) .. -. Notary Public UI..97l.doc. *LDl /J <-",sp,- t/(v.-Sr-'7 known to day of - '. . e AF.FlUA VIT OF COMPLIANCE The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affinns that he/she does not now, nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she is under the Contract to the 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. :: . Attest: Corporate Seal !? 0- ~ ~ '- i:" f'~~ (;,...<). G. J'?c . ~'-/ I2r""'~ rN':J t'z:r5? By: STATE OF COLORADO ) ) COUNTY ) SS. ( Before me , a notary public and for County, Colorado personally appeared to me personally to be the person(s) whose signatwe(s) in my presence this day of ;A.D.199~. known My commission expires: (Seal) Notary Public ACJ..9'7l.doc ~ 'ACl , ,~\ Specifications from Golf Course Bar. 12:22 PM, 4/1/97- page 1 ITEM UNIT USED LABOR MAT'lS SUBS TOTALS - estimating allowance hrs 5 200 0 0 200 bond $ 750 750 0 1500 small job supervision hrs 24 960 0 0 960 Demo $ 600 600 0 1200 2x4waU8' into 16" oc If 160 832 677 0 1509 plywood wall sheathing SF 400 251 196 0 447 door opening 3-0 (NeE) dr 5 0 256 0 256 deck 2x6 Hrt decking SF 1500 3788 6446 0 10234 demo $ 480 480 0 960 Plumbing $ 0 0 9900 9900 Electrical $ 562 562 0 1124 deck stairs trd 4 81 49 0 130 porch rail. simple 2x4 If 90 742 144 0 886 5/8" wallboard sf 500 0 0 581 581 Patching $ 0 0 250 250 3 coat tape finish, stnd sf 500 0 0 314 314 doors $ 900 900 0 1800 Brackets $ 250 250 0 500 Bar Fasade Oak $ 1675 1675 0 3350 door casing, oak 1 x4 dr 5 300 376 0 676 Bar top $ 1358 1358 0 2716 Bar top nosing $ 450 450 0 900 lx4 oak basebd, scribed If 170 544 384 6 928 Bar Misc. Hardware $ 225 225 0 450 Mise trim Punch $ 500 500 0 1006 Back bar cabinet allow $ 0 1000 1000 2000 e Fixed glass $ 0 0 1200 1200 Telephone $ 0 0 200 200 paint $ 0 0 3490 3490 Vinyl floor $ 0 1000 1000 2000 cleanup alter subs sf 2500 938 30 0 968 .' " " Golf Course Bar Bottom Line 4/1/97 f~ct1 e./ :e . Category Labor Mat'ls Subs Totals . ENERAL CONDITIONS 3275 897 0 4172 START DATE SITE PREPARATION 690 690 0 1380 4/15/97 CONCRETE 0 0 0 0 MASONRY 0 0 0 0 END DATE IRONWORK 0 0 0 0 WOOD & PLASTIC 13197 15487 0 28684 5/21/97 THERMAL & MOISTURE 0 0 0 0 WINDOW & DOOR 1035 1035 0 2070 FINISHES 0 2300 9009 11309 TOTAL AREA OF PROJECT SPECIALTIES 0 0 0 0 4335 sq. ft. EQUIPMENT 0 0 0 b FURNISHINGS 0 0 0 0 SPECIAL CONSTRUCTION 0 0 0 0 COST PER SQ. FOOT CONVEYING SYSTEMS 0 0 0 0 $13.96 MECHANICAL 0 0 11385 11385 ELECTRICAL 646 646 230 1523 FINAL PROJECT COST $60,523 WARNING: Numbers may not add up - exactly, due to rounding to the neatest whole doliar. Totals 18844 21055 20624 . '97-04-09 09:37 PAUL RASMUSSEN CONSTRUCTIOI'll P.5 e ELEMENT TOT ALS- This page i~ to be filled out by General Contractors: All amounts shall be shown in both words and figures. In case of Discrepancies, the amount shown in w~ will gOVern. ." ~ - ELEMENT A- MOBIUZATlON, BONDING, ERMITS (Using Script) r $ I,S-OO / a..,...ar~ 4_sG.-.{l . ,co/l! e ELEM~ B . PHASE ONE . RESTAURANT REMODEL 1. DECKING c:. a. Deck Repairs b. Handrails 4. GLASS & GLAZING ." $ - $ $ -$ $ 2. CABINETWORK (New Bar) 3. UPPER OFFICE bOOR e 5. PAINTING/ STAINING a; New Bar - b. Decking and Handrailing c. Miscellaneous $ $ $ $ $ $ 6. MECHANICAL 7. ELECTRICAL 8. MISCELLANEOUS (Trash) SUBTOTAL ALL ELEMEMr B $ - .5'1. o~.J (Using Script) ):;Hv M;... -r~Q_s"'"".!J /............ tL',,;. /hr~ e .t . ~ ,/ - J @ /.~... /.. '97-1214-1219 1121:08 PAlL RASMUSSEN CONSTRuCTIO/'ll e BASE 810 - Total of OIl ElementS (Using Script)J'~-<.)'_ / ~o<-:r~~:J .-L/!::~ ~s:-....rs,.....,. <:::-..../. CO .70#7':. Name of SCddfng Contr.lt:tor p::,... / .lfJCJo.s~"Js,,? - /?"'r~':?'_~ P11nted NoIrne ahd Title of Authorized Signature e .. e .------ -- -,---- P.l $-.f~~3 ~_~ap:? T.....__,(/ 7/'~r~ By.(~:;?~'Z- Signature ./-1.-~./ ~ ::.7 O"te ( 170) 'i,2.r - 'I'fo<l . Telephone MEMORANDUM e TO: Margo Pendleton, Boa Construction; Don Westerlind, Alpine Construction and Paul Rasmussen, Paul Rasmussen Construction Richard Coulombe,CGCS, Assistant Golf superintendent,! ~ e FROM: DATE: March 27,1997 RE: Addendum # I - Changes to Invitation to Bid/Contract as a result of Pre-bid meeting held on March 25,1997 at 3:00PM. The following are changes made to the contract titled Aspen Golf Course RemodeV Office Construction referred to as Addendum # I: a. Bid Opening changed to Tuesday April 1,1997 at 3:00PM at the Golf Office (585 Cemetery Lane) b. Maintenance bond reduced to a one year period. c. All of the LOWER exterior decking, stairs, handrailing, and siding shall be replaced with matching materials. The upper decking, stairs, handrailing, and siding shall be replaced as needed. All the deck railing shall be replaced as needed and comply with current codes. There shall be no construction related activities of the exterior of the building. d. The lighting above the new bar shall remain as is. - e. The drinking glasses rack above the old bar shall be disconnected from the ceiling and stored. f. Bar case work allowance $2,000.00. Counter top work shall be included in bid. g. Do not use wood facing from old bar. h. Do not demolish the two booths that need to be moved for the new bar. Disconnect and place out of the way. -