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HomeMy WebLinkAboutresolution.council.087-08RESOLUTION #~ A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO AND F.B. LEOPOLD COMPANY INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING EAST TREATMENT PLANT MEDIA REPLACEMENT CONSTRUCTION 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 F.B. Leopold Company 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 F.B. Leopold Company Inc. regarding East Treatment Plant media replacement, 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: ~ c~-~C~LJ ~ ~~s ~~ Michael C. Irel d, Mayor 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 September 22, 2008. ~~ hryn S. Koch, City Clerk TY. City e CONTRACT FOR CONSTRUCTION (Short Form) THIS CONTRACT, made and entered into on August 25, 2008, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and F.B. LEOPOLD COMPANY 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 are 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 Specifications; 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 governmental 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 Three Hundred Thirty Four Thousand Nine Hundred Seventy Five ($334,975.00) 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 completian, and in any and all events to substantially complete the same not later than November I, 2008, subject to such delays as are permissible under the "Extension of Time for Completion" section of this Contract. 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges 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 CCS-971.doc Page: 1 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 harmless 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 arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears 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 discharge 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, famish 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" are 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 Proposal/Scope 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 character 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, 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 finish the z 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 Paragraph 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 pennission 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 are 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 aze common. This fact has been considered by Contractor in preparing 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 are 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. 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 .doc Page: 3 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 Paragraph 3 above. 14. Insurance. a. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of inswance 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 inswance 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 failwe to procure or maintain insurance, or by reason of its failwe to procure or maintain insurance in sufficient amounts, duration, or types. b. Contractor shall procwe and maintain, and shall cause any subcontractor of the Contractor to procwe and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum inswance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and inswance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pwsuant to the terms of this Contract. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procwed 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 of this paragraph. 2. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence 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 can•ied 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 Contractors 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 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. Page: 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 of policy. Any and all 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 of this 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. Page:6 16. Notices. Any notice which any party is requued 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: City of Aspen Water Department 130 South Galena Street Aspen, Colorado 81611 To Contractor: I T WAT.R R WA T.WA .R ..OPOLD~ INC 227 SOUTH DIVISION ST subject to the right of either party to designate a different address for itself by notice similarly 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 fmal 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 incun•ed 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). 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, are 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 paragraph 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 CCS-971.doc Page: 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, marital 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 standard, 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 CCS-971.doc Page: 9 inducement for the award 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 Annual Appropriations. If the contract awazded extends beyond the calendaz year, nothing herein shall be construed 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. Illegal 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 laws 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 law. b. 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. b. 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 picot 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. CCS-971.dce pyre: lp 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) calendar months thereafrer, 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. (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: (I) 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 swears 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 seq., 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. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATT TED BY: ATTESTED BY: ~~~~ ~s~~~~~ CITY O ~ E COLORADO Title: (~L Li~1/ APPROVED S TO FORM: By; ~~ llS~6~' ~ o CON By: General Manager, Leopold 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-97Ldoc Page: 13 The City of Aspen Contract for Construction Amendment September 4, 2008 This amendment modifies the Contract for Construction issued to ITT Water and Wastewater Leopold, Inc. August 25, 2008 for $334,975.00 as follows: 1. Contract Item 2. Plans and Specifications. Gould Construction (sub- contractor to Leopold) will be responsible for obtaining a general permit for the onsite work. Neither Leopold nor our other sub- contractor, USA, is required to obtain any permits relative to this contract. 2. Contract Item 20. Licensure of Contractor. Leopold is not a licensed contractor in the State of Colorado. Our sub-contractors, USA and Gould are licensed in the State of Colorado and this Licensure will suffice as the appropriate contractor Licensure required under this contract. 3. Contract Item 22. Assignment. Leopold will sub-contract the site work to two contractors. Item 22 is not applicable to this contract. 4. General Conditions. Article 5.1 Bonds. Leopold is not required to carry any bonds as a material supplier on this contract. Our sub- contractors, Gould and USA are required to carry the appropriate performance and payment bonds in the amount of their orders. 5. General Conditions. Article 5.3.3 Insurance. Professional Liability Insurance is not required for this contract. 6. General Conditions. Article 6.14 Taxes. This project is tax-exempt. 7. General Conditions Article 6.2.2. Supervision and Superintendence. Leopold will not be required to keep a resident supervisor on site. Our sub-contractors will manage their work through direction from our Project Manager based out of our Zelienople Pennsylvania office. Leopold will provide site supervision through our Service group as appropriate to train the installation crews and witness any required testing. Neither Leopold's Service personnel nor our sub-contractor are authorized to make commercial decisions for Leopold. 8. Freight terms are FOB-Factory, FFA (full freight allowed). ~~ C~S~~~t~l~~'~~0 ~ ~~ ~~~ ~ 1' ~~~~ ~o~~ ~ ~ ~~ Exhibit A IMSB (INTEGRAL MEDIA SUPPORT) CAP: Under this section, we propose to famish 1,815 squaze feet of IMSO (Integral Media Support) Cap. IMS® cap shall be made of plastic beads sintered together and molded to match the surface of the Leopold Universal Underdrain. The IMS~ Cap shall be factory installed to plastic block prior to shipment. The LM.S ®Cap shall be field installed to existing plastic block using the supplied hardwaze and sealant. FILTER MEDIA: Eight (8) filter cells, 226.88 square feet each TOTAL FILTER AREA: 1,815 square feet 1,986 cubic feet SILICA SAND -12" Depth plus 1/2" skimming allowance and 5 % extra Effective size: 0.45 mm to 0.55 mm Uniformity coefficient: 1.40 99 Tons 2,874 cubic feet FILTERANTHRACITE -18"Depth plus 1" skimming allowance Effective Size: 1.00 mm to 1.10 mm Uniformity coefficient: 1.40 72 Tons SUBMTTTAL: Materials meet and/or exceed American Water Works Association Standard B100-96 for Filtering Material. Samples and/or test reports detailing the physical and chemical characteristics of the filtering material will be provided for review and approval prior to release for shipment. PACKAGING AND PLACEMENT EQUIPMENT: Material will be packaged in semi-bulk containers, "Super Bags," with lifting sleeves and bottom dischazge spout, containing approximately 2,000 to 4,000 pounds per sack. QUANTITIES: Quantities indicated above are F.B. Leopold Company's best calculations of the quantity requirements. Five percent (5%) extra sand is included to cover incidental damage or loss. Any additional loss of material due to storage or handling is not covered by this proposal. ccs-9n ao~ DELIVERY: All sales are F.O.B. factory with full truck freight allowed to jobsite. The transportation cartier's initial weight shall govern settlement. With delivery of the media to the initial carrier, proper]y consigned as per your insttvctions, our responsibility ceases. If same is mis-delivered, confiscated, contents lost or damaged en route, your recourse is against the can•ier. We do not agree to replace media or accept deduction for loss or damage. INSTALLATION OF IMS®CAP (USA CONSTRUCTION): Under this section, we propose to famish the services of USA Construction to install the IMS Cap on the existing Superblock II Underdrain system. FILTER MEDIA REMOVAL AND INSTALLATION (GOULD CONSTRUCTIONI• Under this section, we propose to famish the services of Gould Construction to remove the existing filter media and install new filter media on top of the IMS Cap. MANUFACTURER'S SERVICES: The services of a qualified Leopold technical representative to instruct the Contractor's personnel about the proper installation technique of the IMS Cap in the first two filter cells will be provided for a period of six (6) days (8 hr/day) on site plus four (4) days travel time to and from the job-site in two (2) trips. The services of a qualified Leopold technical representative to inspect the Contractor's installation of the IMS Cap in the remaining cells will be provided for a period of three (3) days (8 hr/day) on site plus six (6) days travel time to and from the job-site in three (3) trips. Additional services may be obtained at the current prevailing rate plus living and travel expenses. PRICING: Pricing is for shipments on or before December 31, 2008. We do not include any applicable taxes. MANUFACTURING LEADTIME: Please consult our factory for manufacturing lead-times. CCS-971.doc DATE MNt DD VYYV ACORD,. 09/05/2008 Paonucea Aon Risk SerVi ces Northeast, InC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY fka Aon Risk Services, Inc. of New York AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS 199 Water Street CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE New York Nv 10038-3551 USA COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICN Pxorve. 866 283-7122 FAx- 847 953-5390 INSURED INSURER A'. ACE Amerl CdO Insu ranee company 22667 d The F. e. Leopold company T t t d d INSURER a~ Indemnity Insurance co of North America - 43575 ~ water rea men A vance y 118 s. Division street wsuRERa ,'fl , zelienople PA 16063 u5A ,, INSURER D: eJ 9 MSURER E: O 'S,' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDMG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT' OR OTHER DOCUMENT WFfH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Oft MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMBS SHOWN ARE AS REQUESTED INSR LTR FNS MEOF INSURANCE POLCY NUMBER POLICY EFFECTIVE DATE(MMV1D\YY'I POLICY EXPIRATION DATE(MM\DD\W) LIMITS p ERAL LIABIWTY XSLG23736627 Ol/Ol/OB 01/01/09 EACH OCCURRENCE E2,000, 000 X COEENERCIAL GENERAL LIABILITY DAMAGE TO RENTED E2, 000, 000 PREMISES (Ea acwaael CLAIMS MADE ® OCCUR one person Exc u e ~ PERSONAL&ADV INNRY f2r000,O00 ~ a GENERAL AGGREGATE $10,000,000 0 m O GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 56,000,000 ~ 0. ~ © POLICY ~ ~ ~ LOC n A AUT OMOBILE LIABIWTY ISAH0824060-7 O1/O1/OB 01/01/09 COMBINED SINGLE LIMIT O 7,; ANV AUTO (Ea auiaen0 Sl, 000, 000 Z d ALL OWNED AUTOS BODILY MNRY V 6CHfiDULED AUTOS (Ya ~O9I ~ HIRED AUTOS BODILY MRIRY Y V NON OWNED AUTOS (PU acciden0 PROPERTY DAMAGE (Per acddmG GARAGE WABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC e AUTO ONLY'. AGG EXCESS NMBRELLA LABILITY EACH OCCURRENCE ^ OCCUR ^ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION B WLRC X C STATL- OTH- WORKERSCOMPEN6ATIONAND 5 B EMPLOYER6'LIABILITY A0 5CFC4446213-3 O1/Ol/OS 01/01/09 E.L. EACH ACCIDENT E2,000, 000 = ANY PROPRIETOR/PARTNERI EXECUTIVE WI Only DISEAS~EA EMPLOYEE L E $2,000,000 yR/{ OFFICERIhffMBER EXCLUDED? O1 Ol/OB 01/01/09 . . r 3 p Ifyes, desuih wdu SPECIAL PROVISIONS Won wLRC44471116 ~ ~ p2 Only / EL. DISEAS6POLICV WMIT E2,000, 000 i OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVI610NS RE: City of Aspen, Colorado water Treatment Plant -Filter Rehab Leopold IM5 cap and Filter media, Proposal M08296REV01, dated Duly 28, 2008, City of Aspen Contract for Construction issued August 25, 2008 (E334, 975.00). The city of Aspen and its officers and employees are included as Additional Insured with respect to General _ ~ .. ... .~ o... ~ gym'.,. t 1Ri,.bii`~Y' The City Of Aspen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The Ci tX of Aspen's Officers DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL and Em 10 eE5 30 DAYS WRITTEN NOTICE TO THECERTIFICATE HOLDER NAMEDTO THE LEFT, N OR LIABILITY p y BUT FAILURE TO W 50 SHALL IMPOSE NOOBLIGATIO 130 South Galena Street OF ANY KMD UPON THEINSURER, ITS AGENTS OR REPRESENTATIVES. I~r Aspen co 81611 usp AUTHORIZED REPRESENTATIVE ..9 /7f .~rOµ,~e //'-O _~ ~.raaG 16 J ~/~V J6ers ~2 -i . . . l .. f,. .~.., iS ' :in . 'e :m .. .I :. C :I ' _ , p .. Attachment to ACORD Certificate for me F. B. Leopold company The teens, conditions and provisions noted bebw are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED The F. e. Leopold Company Advanced water Treatment 118 S. Division Street zelienople PA 16063 usA ADDITIONAL POLICIES If a policy below does not includ certificate form for policy limits. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY MIMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONSILOCATIONSNElICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Liability policy as required by written contract. refer to the corresponding policy on the Certificate No : 570030340419