HomeMy WebLinkAboutresolution.council.103-18 RESOLUTION # 103
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND EXCAVATION SERVICES INCORPORATED AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
2018 Galena and Main Street Bus Stop and Pedestrian Improvements Project
between the City of Aspen and Excavation Services Incorporated, a true and
accurate copy of which is attached hereto as Attachment "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the contract for
2018 Galena and Main Street Bus Stop and Pedestrian Improvements Project,
between the City of Aspen and Excavation Services Incorporated, a copy of which
is annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 271 day of August 2018.
Steven Skadron, Mayor-
I, Linda Manning, duly appointed and acting City erk 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, August 27, 2018.
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Linda Man ng, City Clerk
The City of Aspen
CONTRACT FOR CONSTRUCTION City AttorneysOffice
THIS AGREEMENT, made and entered into on May 14, 2018, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and Excavation Services, Inc., 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: 2018 Galena and Main Bus Stop and
Pedestrian Improvements Proiect, 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 furnish 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.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Two-hundred three
thousand seven-hundred forty-five_ ($203,745.00) DOLLARS or as shown on the BID
proposal.
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
CC1-971.doc Page
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 riot 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.
8. 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.
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 darnages 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 attorney's fees.
13. 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
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.
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14. 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.
15. This Agreement and any amendments hereto may be executed in several counterparts,
each of which shall be deemed an original, and all of which together shall constitute one
agreement binding on the Parties, notwithstanding the possible event that all Parties may
not have signed the same counterpart. Furthermore, each Party consents to the use of
electronic signatures by either Party. The Scope of Work, and any other documents
requiring a signature hereunder, may be signed electronically in the manner agreed to by
the Parties. The Parties agree not to deny the legal effect or enforceability of the
Agreement solely because it is in electronic form or because an electronic record was
used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic
documents, or a paper copy of a document bearing an electronic signature, on the
ground that it is an electronic record or electronic signature or that it is not in its original
form or is not an original.
16.Certification and Supplemental Conditions to Contract for Services - Conformance with §8-
17.5.101. et seq.
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill
06-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled
"Illegal Aliens — Public Contracts for Services." This new law prohibits all state agencies and
political subdivisions, including the City of Aspen, from knowingly employing or contracting
with an illegal alien to perform work under a contract, or to knowingly contract with a
subcontractor who knowingly employs or contracts with an illegal alien to perform work
under the contract. The new law also requires that all contracts for services include certain
specific language as set forth in the statutes. This Certification and Supplemental Conditions
has been designed to comply with the requirements of this new law.
Applicability. The certification and supplemental conditions set forth herein shall be required
to be executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are
incorporated herein and in any contract for services entered into with the City of Aspen.
"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.
"Contractor" means a person having a public contract for services with the City of Aspen.
CC1-971.doc Page 3 "CC1
"Public Contract for Services" means any type of agreement, regardless of what the
agreement may be called, between the City of Aspen and a Contractor for the procurement
of services. It specifically means the contract or agreement referenced below.
"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.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
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.
The Public Contract -for Services referenced below is hereby amended to include the
following terms and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work
under the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal
Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has
not been accepted into the Federal Basic Pilot Program prior to entering into the Public
Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot
Program and shall in writing verify such application within five (5) days of the date of the
Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot
Program and shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed, whichever is
earlier. The requirements of this section shall not be required or effective if the Federal Basic
Pilot Program is discontinued.
4. 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.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the
Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor
shall:
CC1-971.doc Page z, "CC1
(i) Notify such subcontractor and the City of Aspen within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an illegal
alien-, and
(ii) 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 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.
6. 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.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the
Public Contract for Services. If the Public Contract for Services is so terminated, Contractor
shall be liable for actual and consequential damages to the City of Aspen arising out of
Contractor's violation of Subsection 8-17.5-102, C.R.S.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
AT STE BY CITY OF ASPEN, COLO ADO
r
By:
L-4APTitle:_ &� C n 1 AL-4-
APPROVED
PROVED AS TO FORM:
By n c
Xiy Attorney
CONTRACTOR:
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t
Title: P
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.
M-971.doc Page 5 "CC1
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF
SS.
COUNTY OF ��,laa!ZF�E(_,�) )
On this 3 day of Ln C:_T_ _, 205 , before me appeared
5�•� to me personally known, who,
being by me first duly sworn, did say that s/he is i2�, zc "� _ of
` . =L - 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.
ALICIA HOLMAN
NOTARY PUBLIC Nolan Public
STATE OF COLORADO
NOTARY ID 20164041000
MY COMMISSIDN EXPIRES OCT. 26. 2020
Address
My commission expires: l O— Q - a0 'QL(:-)
CC1-971 doc Page 6 '"CC1
Certification and Supplemental Conditions to Contract for Services -
Conformance with §8-17.5.101, et sea.
P ose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens—
Public Contracts for Services."This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an illegal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The new law also
requires that all contracts for services include certain specific language as set forth in the statutes. This
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated
herein and in any contract for services entered into with the City of Aspen.
"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.
"Contractor"means a person having a public contract for services with the City of Aspen.
"Public Contract for Services"means any type of agreement,regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"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.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
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.
The Public Contract for Services referenced below is hereby amended to include the following terms
and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the-Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing
verify such application within five (5)days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same
every three (3) calendar months thereafter,until Contractor is accepted or the public contract for
services has been completed, whichever is earlier. The requirements of this section shall not be
required or effective if the Federal Basic Pilot Program is discontinued.
4. 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.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
(ii) 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 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.
6. 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.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for
Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and
consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
Public Contract for Services: 2018-50470 Galena and Main Street Bus Stop and Pedestrian
Improvements Project
Contractor: Excavati ce ---Z_
By:
Title:—
JPW-saved:5/1/2018-867-M:\cit}lcityatty\contractUorrnslccrtiTication-hh-06-1343.doc