HomeMy WebLinkAboutresolution.council.063-08RESOLUTION #63
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND KECI COLORADO INC. SETTING FORTH THE
TERMS AND CONDITIONS REGARDING CONSTRUCTION OF MAIN
STREET SIDEWALK AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and KECI Colorado Inc., a copy of which
contract is annexed hereto and made a part thereof.
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 KECI Colorado Inc. regarding
Construction of Main Street Sidewalk, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager of the City of
Aspen to execute said contract on behalf of the City of Aspen.
Dated:
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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 July 14, 2008
Kat S. Koch, City Clerk
.r•
CONTRACT FOR CONSTRUCTION
(Short Forrn)
THIS CONTRACT, made and entered into on July 15th, 2008, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and KECI Colorado Inc.,
hereinafter called the "Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuable consideration, the receipt and adequacy of which aze
hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,
tools, machinery, equipment, temporary utilities, transportation and any other facilities
needed therefor, and to complete in a good, workmanlike and substantial manner the
Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit
"A" which is incorporated herein as if fully set forth (the "Project").
2. Plans and SpeciScations; Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or Proposal
appended hereto for the same approved in writing by the parties hereto. The Project shall
also be constructed and completed in strict compliance with all laws, ordinances, rules,
regulations of all applicable govemmental authorities, and the City of Aspen Procurement
Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-
08-040. Contractor shall apply for and obtain all required permits and licenses and shall
pay all fees therefor and all other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and
Contracts herein contained being performed and kept by Contractor, including the
supplying of all labor, materials and services required by this Contract, and the
construction and completion of the Project, City agrees to pay Contractor a sum not to
exceed Two Hundred Sixty Two Thousand One Hundred Ei¢ht dollars ($262,108.00)
DOLLARS or as shown on Exhibit "A".
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter
diligently and continuously to completion, and in any and all events to substantially
complete the same not later than forty (40) workine days after commencement of the
wor subject to such delays as are permissible under the "Extension of Time for
Completion" section of this Contract.
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5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills
and changes for material, labor, machinery, equipment or any other service or facility
used in connection with or arising out of the Project, and shall obtain periodic releases
from all subcontractors and material suppliers supplying labor or materials to the Project
concurrently with Contractor's delivering any payment to such subcontractors and
material suppliers. Contractor shall indemnify and hold City and City's officers,
employees, agents, successors and assigns free and hazmless against all expenses and
liability suffered or incurred in connection with the claims of any such subcontractors or
material suppliers, including but not limited to court costs and attorney's fees resulting or
azising therefrom; provided that Contractor shall be excused from this obligation to the
extent that City is in arreazs in making the payments to Contractor. Should any liens or
claims of lien be filed of record against the Property, or should Contractor receive notice
of any unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and dischazge the same and cause the same to be released of
record, or shall furnish City with the proper indemnity either by title policy or by
corporate surety bond in the amount of 150% of the amount claimed pursuant to such
lien.
6. Releases. Contractor shall, if requested by City, before being entitled to
receive any payment due, furnish to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly receipted and
identified, covering work done and the materials furnished to the Project and showing an
expenditure of an amount not less than the total of all previous payments made hereunder
by City to Contractor.
7. Hierarchy of Project Documents. This Contract and the Proposal or Scope
of Work appended hereto as Exhibit "A" aze intended to supplement one another. In
case of conflict, however, this Contract shall control both.
8. Changes in the Work. Should the City at any time during the progress of
the work request any modifications, alterations or deviations in, additions to, or
omissions from this Contract or the ProposaUScope of Work, it shall be at liberty to do
so, and the same shall in no way affect or make void this Contract; but the amount thereof
shall be amortized over the remaining term of this Contract and added to or deducted, as
the case may be, from the payments set forth in Paragraph 3 above by a fair and
reasonable valuation, based upon the actual cost of labor and materials. This Contract
shall be deemed to be completed when the work is finished in accordance with the
original Proposal or Scope of Work as amended or modified by such changes, whatever
may be the nature or the extent thereof. The rule of practice to be observed in fulfillment
of this paragraph shall be that, upon the demand of either City or Contractor, the
chazacter and valuation of any or all changes, omissions or extra work shall be agreed
upon and fixed in writing, signed by City and Contractor, prior to performance.
9. Contractor's Failure to Perform. Should Contractor, at any time during
the progress of the work, refuse or fail to supply sufficient material or workmen for the
expeditious progress of said work or fail to perform any other provisions of this Contract,
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City may, upon giving notice in writing to Contractor as provided herein and upon
Contractor's failure to remedy any such failure within 3 days from receipt of such notice,
terminate this Contract and provide the necessary material and workmen to fmish the
work and may enter upon the Property for such purpose and complete said work. The
expense thereof shall be deducted from the payments remaining under Pazagraph 3
above, or if the total cost of the work to City exceeds the amount of such remaining
payments, Contractor shall pay to City upon demand the amount of such excess in
addition to any and all other damages to which City may be entitled. In the event of such
termination, City may take possession of all materials, equipment and appliances
belonging to Contractor upon or adjacent to the Property upon which said work is being
performed and may use the same in the completion of said work. Such termination shall
not prejudice or be exclusive of any other legal rights which City may have against
Contractor.
10. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during the time provided
for herein. However, the time during which Contractor is delayed in said work by (a) the
acts of City or its agents or employees or those claiming under Contract with or
permission from City, or (b) the acts of God which Contractor could not have reasonably
foreseen and provided against, or (c) unanticipated stormy or inclement weather which
necessazily delays the work, or (d) any strikes, boycotts or obstructive actions by
employees or labor organizations and which aze beyond the control of Contractor and
which it cannot reasonably overcome, or (e) the failure of City to make progress
payments promptly, shall be added to the time for completion of the work by a fair and
reasonable allowance. Contractor recognizes, however, that the site of the work is in the
Rocky Mountains at a high elevation where inclement whether conditions are common.
This fact has been considered by Contractor in prepazing its Proposal and or agreeing to
the Scope of Work. Furthermore, Contractor shall have the right to stop work if any
payment, including payment for extra work, is not made to Contractor as provided in this
Contract. In the event of such nonpayment, Contractor may keep the job idle until all
payments then due aze received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expenses or purchasing any other materials for the Project,
shall proceed to inspect the work site and all visible conditions and that if, at the time of
inspection therefor, the Contractor finds that the proposed work is at variance with the
conditions indicated by the Proposal, Scope of Work, or information supplied by City, or
should Contractor encounter physical conditions below the surface of the ground of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract or inherent
in a work site located in the Rocky Mountains, Contractor shall so notify City, and City
shall at that time have the right and option to immediately cancel and terminate this
Contract or to instruct Contractor to continue the work and add the additional amount
attributable to such unforeseen conditions to the payments due Contractor as set forth
above.
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It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such costs, building permit fees, insurance and such financing
and title charges as are not refundable shall be included; provided that supervision time,
office overhead and profit shall not be included in such costs to be refunded to Contractor
by reason of such cancellation.
12. Acceptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the Project
has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file of
record within five (5) days after the substantial completion and acceptance of the Project
a Notice of Completion. If City fails to so record the Notice of Completion within said
five (5) day period, City hereby appoints Contractor as City's agent to sign and record
such Notice of Completion on City's behalf. This agency is irrevocable and is an agency
coupled with an interest. Contractor agrees upon receipt of final payment to release the
Project and property from any and all claims that may have accrued against the same by
reason of said construction. If Contractor faithfully performs the obligations of this
Contract on its part to be performed, it shall have the right to refuse to permit occupancy
of any structures by City or City's assignees or agents until the Notice of Completion has
been recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to mutual
Contract of City and Contractor under the provisions of Pazagraph 3 above.
14. Insurance.
a. The Contractor agrees to procure and maintain, at its own expense, a policy
or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law.
The Contractor shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
b. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed in the
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such coverage
shall be procured and maintained with forms and insurance acceptable to City. All coverage
shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of
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any claims-made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
1. Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workmen's Compensation requirements ofthis paragraph.
2. Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occun•ence and
ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The policy
shall include coverage for explosion, collapse, and underground hazards. The policy
shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned,
hired and non-owned vehicles assigned to or used in performance of the services.
The policy shall contain a severability of interests provision. If the Contractor has no
owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each
employee of the Contractor providing services to the City under this contract.
c. Except for any Contractor Liability insurance that may be required, the
policy or policies required above shall be endorsed to include the City of Aspen and the City
of Aspen's officers and employees as additional insureds. Every policy required above shall
be primary insurance, and any insurance carried by the City of Aspen, its officers or
employees, or carried by or provided through any insurance pool of the City of Aspen, shall
be excess and not contributory insurance to that provided by Contractor. No additional
insured endorsement to the policy required above shall contain any exclusion for bodily
injury or property damage arising from completed operations. The Contractor shall be solely
responsible for any deductible losses under any policy required above.
d. The certificate of insurance provided by the City of Aspen shall be
completed by the Contractor's insurance agent as evidence that policies providing the
required coverage, conditions, and minimum limits are in full force and effect, and shall be
reviewed and approved by the City of Aspen prior to commencement of the contract. No
other form of certificate shall be used. The certificate shall identify this contract and shall
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provide that the coverage afforded under the policies shall not be canceled, terminated or
materially changed until at least thirty (30) days prior written notice has been given to the
City of Aspen.
e. In addition, these Certificates of Insurance shall contain the following
clauses:
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse
against the City of Aspen for payment of any premiums or for assessments under
any form ofpolicy.
Any and al- deductibles in the above-described insurance policies shall be assumed
by and be for the amount of, and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect at
least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the
expiration date ofthis Contract or thereafter.
e. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, conditions, and minimum limits shall constitute a material
breach of contract upon which City may immediately terminate this contract, or at its
discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith. All moneys so paid by
City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
15. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or
vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid
for by City as extra work under Paragraph 8 above. If, however, the estimated cost of
replacement of the work already completed by Contractor exceeds twenty (20%) percent
of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel
this Contract and, in such event, Contractor shall be paid the reasonable cost, including
net profit to Contractor in the amount of ten (10%) percent, of all work performed by
Contractor before such cancellation.
16. Notices. Any notice which any party is required or may desire to give to any
other party shall be in writing and may be personally delivered or given or made by
United States mail addressed as follows:
To City
Aspen, Colorado 81611
To Contractor:
. .. ~
5750 West Airport Rd.
Sedalia, Colorado 8013
subject to the right of either party to designate a different address for itself by notice
similazly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or certified
matter, addressed as above provided, with postage thereon fully prepaid.
19. Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final acceptance
of the work with City.
(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The .costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to be
entered into by City).
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20. Licensure of Contractor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado, and
if applicable, in the County of Pitkin.
21. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in, or be construed as establishing an
employment relationship. The Contractor shall be, and shall perform as, an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No
agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the
employee, agent or servant of the City. The City is interested only in the results obtained
under the Contract Documents. The manner and means of conducting the Work are under
the sole control of the Contractor. None of the benefits provided by the City to its employees
including, but not limited to, worker's compensation insurance and unemployment
insurance, aze available from the City to the employees, agents or servants of the Contractor.
The Contractor shall be solely and entirely responsible for its acts and for the acts of the
Contractor's agents, employees, servants and subcontractors during the performance of the
Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTTTLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS
EARNED PURSUANT TO THE CONTRACT.
22. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign this Contract or its rights and responsibilities under
this Contract nor subcontract to others its rights and responsibilities under this Contract,
and any attempt to do so shall be void and constitute a material breach of this Contract.
23. Successors and Assigns. Subject to pazagraph 22, above, this Contract
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
24. Entire Contract. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes all prior Contracts
between City and Contractor respecting such matters.
25. Waivers. No waiver by City or Contractor of any default by the other or
of any event, circumstance or condition permitting either to terminate this Contract shall
constitute a waiver of any other default or other such event, circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
succeeding; and no failure or delay by either City or Contractor to exercise any right
arising by reason of any default by the other shall prevent the exercise of such right while
the defaulting party continues in default, and no waiver of any default shall operate as a
waiver of any other default or as a modification of this Contract.
26. Remedies Non-Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or permitted,
but each shall be cumulative and shall be in addition to every other remedy.
27. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or equity
shall be Pitkin County.
28. Attorneys' Fees. If either party to this Contract shall institute any action
or proceeding to enforce any right, remedy or provision contained in this Contract, the
prevailing party in such action shall be entitled to receive its attorneys' fees in connection
with such action from the non-prevailing party.
29. Severability. Any provision in this Contract which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions, and to this end the provisions of this Contract
are declared to be severable.
30. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, age, mazital
status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet
Nam era veteran. The Contractor will take affirmative action to insure that applicants aze
employed, and that employees are treated during employment without regazd to their race,
color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a
disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
31. Prohibited Interest. No member, officer, or employee of the City of
Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or
indirect, in this Contract or the proceeds thereof.
32. Warranties Against Contingent Fees, Gratuities, Kickbacks and
Conflict of Interest:
a. The Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon an Contract or understanding for a
commission, percentage, brokerage, or contingency fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of the
City a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, prepazation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standazd,
rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or other
particulaz matter, pertaining to this Contract or to any solicitation or proposal therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to the
prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the awazd of a Subcontract or order. The Contractor is prohibited from
inducing, by any means, any person employed under this Contract to give up any part of the
compensation to which he/she is otherwise entitled. The Contractor shall comply with all
applicable local, state and federal "anti-kickback" statutes or regulations.
33. Payments Subject to Anuual Appropriations. If the contract awazded
extends beyond the calendaz yeaz, nothing herein shall be constmed as an obligation by the
City beyond any amounts that may be, from time to time, appropriated by the City on an
annual basis. It is understood that payment under any contract is conditional upon annual
appropriation of funds by said governing body and that before providing services, the
Contractor, if it so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate.
34. Illeeal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature
passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023
that added new statutes relating to the employment of and contracting with illegal
aliens. These new -aws prohibit all state agencies and political subdivisions,
including the City of Aspen, from knowingly hiring an illegal alien to perform
work under a contract, or to knowingly contract with a subcontractor who
knowingly hires with an illegal alien to perform work under the contract. The new
laws also require that all contracts for services include certain specific language as
set forth in the statutes. The following terms and conditions have been designed to
comply with the requirements of this new -aw.
b. Definitions. The following terms aze defined in the new law and by this
reference are incorporated herein and in any contract for services entered into
with the City of Aspen.
b. Definitions. The following terms aze defined in the new law and by this
reference aze incorporated herein and in any contract for services entered into
with the City of Aspen.
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"Basic Pilot Program" means the basic pilot employment verification
program created in Public Law 208, 104th Congress, as amended, and expanded
in Public Law 156, 108th Congress, as amended, that is administered by the
United States Department of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or
a subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
c. By signing this document, Contractor certifies and represents that at this
time:
(i) Contractor does not knowingly employ or contract with an illegal
alien; and
(ii) Contractor has participated or attempted to participate in the Basic
Pilot Program in order to verify that it does not employ illegal aliens.
d. Contractor hereby certifies that:
(i) Contractor shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired
for employment in the United States under the Public Contract for
Services.
(ii) Contractor shall not enter into a contract with a subcontractor that
fails to confirm to the Contractor that the subcontractor shall not
knowingly hire new employees without confirming their employment
eligibility for employment in the United States under the Public Contract
for Services.
(iii) Contractor has verified or has attempted to verify through
participation in the Federal Basic Pilot Program that Contractor does not
employ any new employees who are not eligible for employment in the
United States; and if Contractor has not been accepted into the Federal
Basic Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot
Program and shall in writing verify such application within five (5) days
of the date of the Public Contract. Contractor shall continue to apply to
participate in the Federal Basic Pilot Program and shall in writing verify
same every three (3) calendaz months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever
is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
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(iv) Contractor shall not use the Basic Pilot Program procedures to
undertake pre-employment screening of job applicants while the Public
Contract for Services is being performed.
(v) If Contractor obtains actual knowledge that a subcontractor
performing work under the Public Contract for Services knowingly
employs or contracts with a new employee who is an illegal alien,
Contractor shall:
(1) Notify such subcontractor and the City of Aspen
within three days that Contractor has actual knowledge that the
subcontractor has newly employed or contracted with an illegal
alien; and
(2) Terminate the subcontract with the subcontractor if
within three days of receiving the notice required pursuant to this
section the subcontractor does not cease employing or contracting
with the new employee who is an illegal alien; except that
Contractor shall not terminate the Public Contract for Services
with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
(vi) Contractor shall comply with any reasonable request by the
Colorado Department of Labor and Employment made in the course of an
investigation that the Colorado Department of Labor and Employment
undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
(vii) If Contractor violates any provision of the Public Contract for
Services pertaining to the duties imposed by Subsection 8-17.5-102,
C.R.S. the City of Aspen may terminate the Public Contract for Services.
If the Public Contract for Services is so terminated, Contractor shall be
liable for actual and consequential damages to the City of Aspen azising
out of Contractor's violation of Subsection 8-17.5-102, C.R.S.
(ix) If Contractor operates as a sole proprietor, Contractor hereby
sweazs or affirms under penalty of perjury that the Contractor (1) is a
citizen of the United States or otherwise lawfully present in the United
States pursuant to federal law,(2) shall comply with the provisions of CRS
24-76.5-101 et seg., and (3) shall produce one of the forms of
identification required by CRS 24-76.5-103 prior to the effective date of
this Agreement.
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IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATT TED BY:
y'L--
CITY O PE ,COLORADO
By: l~/
Title: ~'~" C_tY~L' ;~S
RECOMME ED FOR APPRbVAL:
.,
rty Engineering epartment
ATTESTED BY:
APPROVED A O FORM:
By: r.
city Attorne~ ~/i6 ~~
CONTRACTOR:
By:
Title: /tl~~~d~~~%
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.
CCS-971.doc Page: 13
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ~% ("~i l~l~)
SS.
COUNTY OF r ~ '~
On this "~~`day of ~~Gc,~c.~ , ~1 ~ ~ before
me appeared
=..G L,1 GsK~ to me
being by me first duly sworn, did say that s/he is
of
4C~~'.~ ~M(e,.~e(.,. 7~ a 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
Cd
My commission expires:
,,-,Ry
«Y ~~,•,.•.ys,;;a Expi7~s 09/21/10
CCS-971.doc Page: 14
PERFORMANCE BOND Bond No. KA4634
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, K. E. C. I. Colorado , Inc.
having a legal business
,
address at 5750 W. Airport Road, Sedalia, Colorado 80135
a Corporation as Principal, hereinafter called "Principal', and
m v, « ~
Contractors Bonding and Insurance Compan
emo urely
P. 0. Box 9271, Seattle, Washington 98109
a corporation organized under the laws of the State of Washington ,and qualfied to trensail business in
the State of Colorado, hereinafter called °Surety', are held and firmly bound unto the City of Aspen, a Colorado home
rule municipality, as Obligee, hereinafter called °City°, in the amount of:
Two Hundred Sixtv Two Thousand One Hundred Eight and No/100($262"108.Op in lawful
money of the Untied States for payment whereof Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly unto these present.
WHEREAS, Principal has by written agreement dated July 1$2008, entered into a contract with City for Main Street
Sidewalk in accordance with the Contract Documents which Contract Documents is by reference made a part hereof,
and is hereinafter referred to as the Contract.
NOW, THEREFORE, if Principal shall well, truly and faithfully perform Rs duties, all the undertakings, covenants, terms,
conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be
granted by the City, with or without notice to the Surety and during the guaranty period, and iF Principal shall satisfy all
claims and demands Incurred under such Contract, and shall fully indemnify and save harmless City from all costs and
damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense
which the City may incur in making good any default, then this obligation shall be void; otherwise d shalt remain in full
force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Principal shall be, and declared by City to be in default under the Contract, the City having performed City's
obligation hereunder, the Surety may promptly remedy the default or shall promptly:
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contrect in accordance with its terms and condtions, and upon
determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City
and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and City, and
make available as work progresses (even though there should be a default or succession of defaults under the
Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion
less the balance of the contract price, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth In the first paregreph hereof. The term balance of the Contrect price" as used in
this paragraph, shall mean the total amount payable by City to Principal under the Contract and any
amendments thereto, less the amount property paid by City to Principal.
(3) Any contract or succession of contracts entered into hereunder for the completion of the Contrail, shall also be
subject to this bond as part of the original Contract obligations.
This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26-106, C.R.S.,
as emended.
This bond, as a penalty and indemn~catlon bond, shall also entitle City to recover as part of the completinn of the
Contract or the payment of any labor or material costs hereunder, actual and consequential damages, liquidated and
unliquidated damages, costs, reasonable attorneys fees and expert witness fees, including, without limitations, the fees
of engineering or architectural consultants.
Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to the extent of any
and all payments in connection with the carrying out of the contract which the City may be required to make under the
law by any reason of such failure or default of the Principal.
Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents, servants, and
employees from and against all claims and actions and all expenses incidental to the defense of such claims or actions,
based upon or arising out of injuries or death of persons or damage to property caused by, or sustained in connection
with, this Contract by conditions created thereby, and on request of the City will assume the defense of any claim or
action brought against the City.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named
herein or the employees, agents, administrators or successors of City.
SIGNED AND SEALED this
15th
day of July .2008.
PRINCIPAL: K.E.C.I o ra Inc. (seal)
gy. ~ ~~ Attest:
Title: ~ ~
NOTE: Accompany this bond with cert~ed copy of General Power of Aitomey from the Surety to include the date of the
bond. (Date of Bond must not be prior to date of Contract.) If Principal is Partnership, all partners should execute Bond.
IOO[10R
LOCKTON COMPANIES, LLC
8110 E Union Ave, Ste 700 /Denver, CO 802372966
303g14b000/ FAX: 303$65b000
wwrv.lockton.com
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
K. E. C.I. Colorado, Inc.
Bond No. KA4634
having a legal business
address at 5750 W. Airport Road, Sedalia, Colorado 80135
, res+
a Corporation , as Principal, hereinafter called °Pdncipal°, and
.a
Contractors Bonding and Insurance Company ,
r . ame
P. 0. Box 9271, Seattle, Washington 98109
9 f883
a corporation organized Under the laws of the State of Washington ,and qualified to transact business in the
State of Colorado, hereinafter called "Surety', are held and finely bound unto the City of Aspen, a Colorado home rule
municipality, as Obligee, hereinafter called'City°, in fhe amount of
Two Hundred Sixty 'Liao Thousand One
money of the United Sfates for payment whereof Principal and Surety bind the
administrators, successors and assigns, jointly and severelly, firnty unto these present.
($262,108.OQ, in lawful
es, their heirs, executors,
WHEREAS, Principal has by written agreement dated July 15 , 2008, entered into a contract with the City for a
project enti8ed: Male Street Sidewalk (project no. 2008.052) in accordance with the Contract Documents which
Contract Documents is by reference made a part hereof, and is hereinafter refened to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, 'rf Principal shall promptly make payment to
all claimants hereinafter defined, for all labor and material used or reasonably required for the use in the performance of
the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the
following conditions:
1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal for
labor, material, or both, used or reasonably required for the performance of the.Contract, labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directty
applicable to the Contract.
2. The above-name Principal and Surety hereby Jointly and severally agree with the City that every claimant as
herein defined who has not been paid in full before the expiration of ninety (90) days after the date on which the last of
such claimant's work or labor was done or performed or materials were fumished by such claimant, may sue on this
bond for use of such sums as may be justly due claimant, and have execution thereon. The City shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suft or action shall commence hereunder by any claimant:
(a) Unless Gaimant, other than one having a direct contract with the Principal shall have given written
notice to any of the following: The Principal, the City, or the Surety above named, wfthin ninety (80) days after such
claimant did or performed the last of the work or labor, or furnished the last of the material for which said daim is made,
stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or
for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is
regularly maintained for the trensaction of business, or served in any manner in which legal process may be served In
the State of Colorado.
(b) After the expiration of one (1} year following the date on which Principal ceased work on said
Contract, it being understood, however, that ff any limitation embodied in this Bond is prohib8ed by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
(c) Other than In a state of competent jurisdiction in and for the County of Pitkin, State of Colorado.
4. The amount of this Bond shall be reduced to the extent of any payment or payments made hereunder,
inclusive of the payment by surety of liens or claims which may be filed of record against the improvement(s), whether or
not claim for the amount of such lien be presented under and against this Bond.
5. This Bond is intended to be in satisfaction of, and In addition to, fhe bond required pursuant to Section 3&26-
105, C.R.S., as amended.
6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
SIGNED AND SEALED this 15th day of Julv , 2008.
PRINCIPAL:
By:
Title:
(seal) ~ ~
Attest: -X4'11, ~
100[7'011'
I.OCKTON COMPANIES, LLC
8110 E Union Ave, Ste 700 /Denver, CO 80237.2966
303A14b000 / FAX: 303~865b000
xM1Vw.lockton.com
NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company to Include the
date of the bond. (Date of Bond must not be prior to date of Contrect). If Principal is a Partnership, all partners should
execute Bond.
MAINTENANCE BOND
Bond No. KA4634
KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as K. E. C . I . Colorado , Inc .
of 5750 W. Airport Road, Sedalia,* as Principal,
hereinafter referred to as "Principal", and
Contractors Bonding and Insurance Company
a corporation organized under the laws of the State of Washington ,and qual~ed to transact
business in the State of Colorado, as "Surely' are held and firmly bound unto the City of Aspen, Colorado, as obligee,
hereinafter referred to as "City," in the penal sum of:
Two Hundred Sixty Two Thousand One Hundred
Eight and No/100------------------------------ Dollars ($262,108.00------ ), lawful
money of the United States of America, for the Payment of which sum, well and truly to be made to tha City, we bind
ourselves, and our heirs, executors, administrators, successors, and assignees, jointly and severally, by these presents:
WHEREAS, said Principal has entered into a written Contract with the obligee dated July 14, 2008, for furnishing all
equipment, labor, tools and materials for. Main Street Sidewalk
in accordance with detailed plans and specficatlons on file in the office of the City Clerk of said City, a copy of which
Contract is attached hereto and made a part hereof.
NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shah well and truly
perform all the covenants and conditions of this Contract on the part of said Principal to be performed, and repair or
replace all defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen,
Cobrado, from aft loss and damages to life or property suffered or sustained by any person, fine or corporation, caused
by said Principal or his agents or his employees, in the performance of said work, or by, or in consequence of any
negligence, carelessness, or misconduct In guarding and protecting same, or from any improper or defective equipment
or materials used in the work, or other damages, costs and expenses and set forth in such Contracts, then this obligation
shall be void otherwise to remain in full force and effect in law.
This Bond guarantees that the material and equipment furnished and used, and workmanship employed in the
performance of the work described in this Contract will be of such character and quality as to insure It to be free from all
defects and in continuous good order and in a condition satisfactory to the Govem(ng Body of the City of Aspen for a
period of two year(s) from the date of the issuance of the Certficate of Completion.
This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to
the City of a period specified, and make such repairs or replacement of any defective construction as the City may deem
necessary.
* Colorado 80125
The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its
completion and acceptance shall have been removed or altered by the City or its agent.
SIGNED AND SEALED this 15th day of July , 2008.
PRINCIPAL: K.E.C, a nc. (seal)
gy; ~' Attest: ~_ ~;
.~
rne: ~'
ealj
(Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the dale of
the bmd.)
100[101
LOCKTON COMPANIES, LLC
8110 E Union Ave, Ste 700 /Denver, CO 80237.2966
303814.6000 /FAX: 303~865b000
www.lockton.com
a~ s
~~ `
3T6URANCE
Not Valid for Bonds
Executed On or After:
LIMITED POWER OF ATTORNEY
DDPLICATE ORIGINAL
MAACH 31ST, 2009
Power of Attorney
Number: uc919
Only an unaltered original ofthis Power ofAttotney document invalid. A valid original of this document is printed on gray
security paper with black and red ink and bears the seal of Contractors Bonding and Insurance. Company (the "Company").
The original document contains a watermark with the letters "cbic" embedded in the papermther than printed upon it. The
watermark appeazs in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is
visible when the document is heldfo the light. This document is valid solely in connection with the execution and delivery of
the bond bearing the number indicated below, and provided also that the bond is of the type indicated below. This document
is valid only if the bondis executed.. on orbefore the date indicated above.
RNOW ALL 1ffiI 8Y T8ESE PRESENfB,. that. the Cca~aay dose hereby malca..COIIStitute
and aDDOiat'the following: 88ELL8Y CZAJR09r8R2, SHEILA J. lAk7TOYA, CELESTE T.
HEI.ffiS3, AMY 4rICRETT, ;1KX~IIi n. 97EAVEI2 aad ANQJ JAIA -its true aad lawful''
Attorney(s)-ia-tact, with.:fullyrnrer aad authority'herabycoaferredin its "
name, Dlace aadstead, toexecute, ackaopledge'aad deliver on. behalf of-the
Company:(1} any andall bonds sad undertak:iags of suretyship gives for say
purpose,provided, howevez, that ao such Derson shall ba authorized to execute
sand deliveraay ,bondoruadertakiaQthnt. shall obligate .the Coeipany for any
portioa of the peaal sumthereof is excese_of $id000,000,..aad provided,
further,.. that no.. Attoraey-3n-Fact shall have the authority. to issue a bid or
yroposal bond for ax~y project where, if hcontractis awarded, any hoed or
uadertakiag ~rould ba required with peaal sum is excess of $10, 000, 000; sad (2)
conaeats,:releasesandotheraimilardocumaatsraquirad~by`an obligee under a
contract`bondedby'tha.COa~aay..Thisappoiatment ismadeunderthe authority of
the`8oardof Directors of the. Compaay.----------------"--------`"-------'----
CERTIFICATE.
I, the undersigned secretary of Contractors Banding: and Insurance Company, a Washington
°' corporation, D0 HEREBY CERTIFY that this Powe; of Attorney teraains in full force and effect and
has not been revoked, and, futhermore, that the resolutions of the Board of Duectors set forth on the
reverse are now in full force and effect.
•,
`i ,Bond Number >KA4634
Certitieaie ~# ~appvi»tene~~~ ar~ii I2esuE~uUou of the Board of Directors
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