HomeMy WebLinkAboutresolution.council.043-01 m SOLUT ON NO. 49
(SEINES OF 20m)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING
SUPPLY PROCUREMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND
MIRACLE RECREATION EQUIPMENT COMPANY, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council a Supply Procurement
Agreement between the City of Aspen, Colorado and Miracle Recreation Equipment Company,
a copy of which is annexed hereto and part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that the Supply
Procurement Agreement between the City of Aspen, Colorado, and Miracle Recreation
Equipment Company, regarding Yellow Brick Neighborhood Park Project, 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.
Dated: ~.~ ~.~ ~~~' 2001. ~. ~~,'"':~
Rachel~. Richards, Mayor ~
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resoluAir~ adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ~ ~ ,2001.
~ : : Kathryn S.~och,~
City
Clerk
ATTACHMENT "A'
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 24th day of April 2001 between the
CITY OF ASPEN, Colurado, herein after referred to as the "City" and MIRACLE
RECREATION EQUIPMENT COMPANY hereinafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase a MIRACLE
PLAYGROUND SYSTEM hereinafter called the UNIT(S) being more fully described and
attached herewith as 'Exhibit A', in accordance with the terms and conditions outlined in the
Contract Documents and any associated Specifications, and Vendor wishes m sell said
UNIT(S) to the City as specified in its Bid.
NOW. THEREFORE, the City and the Vendor, for the considerations hereinafter set
forth agree as follows:
1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as
described in the Contract Document and more specifically in the Bid Proposal Form
for the sum of Forty-nine thousand seven hundred thirty-nine Dollars and 37 Cents
($49,739.37).
2. Delivery. Yellowbrick Neighborhood Park; 215 North Garmisch Street, Aspen,
Colorado.
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereby made
a part of this Agreement as if fully set out at length herein.
4. Warranties. Vendor agrees to warrant all components of playground products
against any defects in workmanship or materials for at least one year from date of
delivery. Vendor agrees to repair or replace, free of charge ail parts found
defective.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their
agents, representatives, employee, successors, assigns and legal representatives.
Neither the City nor the Vendor shall have the right to assign, transfer or sublet its
interest or obligations hereunder without the written consent of the other party.
6. Third Parties. 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 Vendor
or City may assign this Agreement in accordance with the specific written
permission, any right to claim damages or to bring any suit, action or other
proceeding against either the City or Vendor because of any breach hereof or
because of any of the terms, covenants, agreements or conditions herein contained.
7. Waivers. No waiver of default by either party of any of the 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 anfof the terms,
covenants or conditions herein contained, to be performed, kept and observed by
the other party. : . .:.
8. Agreement Mad~ in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue
is agreed to be exclusively in the courts of Pitkin County, Colorado.
9. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and
reasonable attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed 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 the Agreement.
11. CertifiCation Regarding Debarment, Suspension, ineligibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement; that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in any transaction with a
Federal or State department or agency. It further certifies that prior to submitting
its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that
Vendor or any lower tier participant was unable to certify to the statement, an
explanation was attached to the Bid and was determined by the City to be
satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of
Interest. Vendor warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by
the Vendor for the purpose of securing business.
Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation, auditing,
or in any other advisory capacity in any proceeding or application, request for ruling,
determination, claim or controversy, or other particular matter, pertaining to this Agreement,
or to any solicitation or proposal therefore.
Vendor represents that no official, officer, employee or representative of the City
during the term of this Agreement has or one (1) year thereafter shall have any interest, direct
or indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
In addition m other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor
or subcontractor under City contracts:
3. Deduct from the contract price or consideration, or otherwise recover~
the value of anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever
for any reason and in its sole discretion the City shall determine that such
cancellation is in its best interests and convenience.
14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingem upon funds for that purpose being appropriated, budgeted and
otherwise made available. If this Agreement contemplates the City utilizing state or
federal funds to meet its obligations herein, this Agreement shall be contingent upon
the availability of those funds for payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $10,000.00 it shall not be deemed valid until it has been
approved by the City Council of the City of Aspen.
16. Non-Discrimination. No discrimination because of race. color, creed, sex. marital
status, affectional or sexual orientation, family responsibility, national origin,
ancestry, handicap, or religion shall be made in the employment of persons to
perform under this Agreement. Vendor agrees m meet all of the requirements of
City's municipal code, section 13-98, pertaining to nondiscrimination in
employment. Vendor further agrees to comply with the letter and the spirit of the
Colorado Antidiscrimmation Act of 1957, as amended, and other applicable state
and federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or
incorporates 'any prior written and oral agreements of the parties. In addition,
vendor understands that no City official or employee, other than the Mayor and City
Council acting as a body at a council meeting, has authority to enter into an
Agreement or to modify the terms of the Agreement on behalf of the City. Any
such Agreement or modification to this Agreement must be in writing and be
executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an
authorized representative of Vendor for the purposes of executing this Agreement
and that he/she has full and complete authority to enter into this Agreement for the
terms and conditions specified herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused tiffs
Agreement to be duly executed the day and year first herein written in three (3) copies, all of
which, to all intents and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
ATTEST:
VENDOR:
Title
supply_proc
ATTACHMENT "B"
CONTRACT FOR CONSTRUCTION
(Short Form)
TI-lIS CONTRACT, made and entered into on April 24, 2001, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and MIRACLE
RECREATION EQUIPMENT COMPANY. 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 m 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 Twenty-three thousand fifty-four Dollars and 76 Cents ($23,054.76) or as
shown on Exhibit "A".
4. Commencement and Completion. Contractor agrees m commence
work hereunder immediately upon execution hereof, to prosecute said work thereafter
diligently and continuously m completion, and in any and all events m substantially
complete the same not later than June 29, 2001, subject to such delays as are
permissible under the "Extension of Time for Complbtion" section of this Contract,
CC5-971.doc Page: 1
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 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, 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. Tkis 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 tiffs .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 f/xed in writing, signed by City and Contractor, prior to
performance.
CC5-971.doc ' Page: 2
9. .Contractor's~Eailure 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 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 mount of such
remaining payments. Contractor shall pay to City upon demand the amount of such
excess m 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 necessarily 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
are 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.
II. Unforeseen Conditions, It is understood and agreed that Contractor,
before recurring 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
CC5-971.doc Page: 3
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 and title charges as are not refundable shall be included; pr?vided 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 shaI1 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 iime 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 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, c]aim~, 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
CC5-971.doc Page: 4
~Supplemental:Conditions~ If the. Supplemental Conctitions do not set forth mi.nimum
insurance coverage; then the minimum coverage shall be asset 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 any claims-made policy, the necessary retroactive dates and extended reporting
periods shalq be procured to maintain such continuous coverage.
I. 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 MIl.LION 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 operationsi,
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 Professional 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
CC5-971.doc Page: 5
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 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. 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. 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. 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. 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 se!ondary or excess coverage, the
CC5-971.doc Page: 6
City',8 underwriters and. insurers~,shall have no right of recovery ~or subrogation
against the Contractor.
The insurance compames 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. The insurance companies issmng 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. 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.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.The
insurance companies ~ssuing the policy or policies shall have no recourse against
the City of Aspen for payment of any premiums, or for assessmems 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. 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. 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. 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. Any and all deductibles in the above-described insur-
ance 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 ~ertified copy of any policy
and any endorsement thereto.
CC5-971.doc Page: 7
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 ih 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:
Steve Barwick, City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
To Contractor:
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 overnif~t 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.
17. 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.
CC5-971.do¢ Page: 8
(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).
18. 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 f6r 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
E~ED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO. PAY FEDERAL AND STATE INCOME TAX ON ANY
MONEYS EARNED PURSUANT TO THE CONTRACT.
19. 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.
20. Successors and Assigns. Subject to paragraph 19, above, this Contract
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
21. 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.
22. 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
CC5-971,do¢ Page: 9
23, 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.
24. 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 Pi~in County.
25. 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.
26. 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.
27. 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 stares, 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 are employed, and that employees are treated during employment without
regard 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 ~o be provided setting forth the provisions of this nondiscrimination
clause.
28. 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.
29. 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.
CC5-971.doc Page: i0
b. ~:,TheContractor agrees not m give any employee or former employee of'the
City a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, audit'mg, or in any other advisory capacity m any
proceeding or application, request for ruling, determination, claim or controversy, or
other particular matter, pertaining to this Contract or [o 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 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.
30. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar 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
ser'cices or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
C~--ty l~ngin~eri~g D~-p~rtment City ~'t~or~'~f-
CC5-971.do0 Page: 1I
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.
CC5-971.doc Page: 12
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF Q--o/~rao)(> )
)ss.
COUNTY OF ~¢,U 1~,6V' )
On this /~z:( day of /4- . ~9 , before
me appeared
~,~- ~--~~ , to me
,l~r/~/5/c_c~c~sonally known, who, being by me first duly sworn, did say that s/he is
8. _~:,¢~.~k/o~ ~d:~J/,,~ ~. and that
th6 seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in b~half 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
~'O¢O[Address O
CCS-97LOoc Page: 13
I :PHONE: MIHP2CLEe-mail: (303)RECREATION'EQUIPMENTBOULDER, 530-44147174 GIN~GUM(~HOTMAIL. COM POUR ,, (800) CO RIVERS 729-752980301 ROAD U.S.A. FAX: COMPANY (303) 530-9239 ·
3/14/2001
QUOTE TO: CITY OF ASPEN PARKS AND REC.
ATTN: SCOTT CHISM
JOB: YELLOW BRICK NEIGHBORHOOD PARK
I REVISED DOCUMENT WITH ADDITION OF LT "SNAKE" INSTALL
ITEM BID ITEM DESCRIPTION QTY UNIT PRICE TOTAL COST
(~RT, ~STALK (~RT, ~STALL,
MAT~RL~L) MAT~RO~L)
1. KID'S CHOICE CUSTOM PLAYGROUND 1 $ 43,436~00 $ 43,436.00
STRUCTURE
2. KID'S CHOICE SWING M~ODEL 1 $ t,842.00 $1,842.00
g714~735-4 WITH 2 BELT/2 TOT SEATS
3. SATURN 100 INSTALLATION ONLY 1 $ 2,300.00 $ 2,300.00
ITEM BID ITEM DESCRIPTION QTY UNIT PRICE TOTAL COST
(FRT, ~NSTAL~ (~RT, r~STALL
MAT~Rr~) ~L~T~R~AL)
3. TOT'S CHOICE CUSTOM PLAYGROUND 1 $13,051.00 $ 13,051.00
STRUCTURE
4. MODEL #1114 6'X6' SAND BOX 1 $1,030.00 $1,030.00
5. MODEL g413 FREESTANDING CRAWL TUBE ' 1 $ 801.06 $ 801.06
6. LITTLE TYKES "SNAKE" INSTALLATION 1 $ 650.00 $ 650.00
ONLY
ITEM BID ITEM DESCRIPTION QTY UNIT PRICE TOTAL COST
(FRT, INSTALL, (FRT, INSTALL,
MATErnAL) MATEPJAL)
7. MODEL g733003NI: TODDLER'S CHOICE 1 $ 2,391.88 $ 2,391.88
AREA PLAYGROUND STRUCTURE (g2)
C-1
8. '. MODEL g730002NI: TODDLER'S CHOICE 1 $ 3,775.43 $ 3,775.43
AREA i PLAYGROUND STRUCTURE (gl)
C-2
9. MODEL g1114 6'X6' SAND BOX 1 $1,030.00 $1,030.00
C-2
10. #718-852-1: TOT'S CHOICE ARCH SWING 1 $1,41LOO $1,411.00
c-3 WITH 2 TOT SEATS. 7'4" HIGH TOP RAIL
TOTALS THIS PAGE: $ 71,718.37
.... G D TOTAL ............. ..~. ,, $~ 71,718.37
(MATERIAL, FREIGHT AND INSTALLATION INCLUDED +
INSTALLATION OF SATURN I00):
ADD FOR PERFORMANCE BOND $1,075.76
~i~.~~ $ 72,794.13
TOTAL BID IN WORDS:
~EVENTT' TWO TtlOU~AND~ ~%/~N t1UNDE~D NINETY ?OUt~ AND
CENT'~
TOTAL BID BREAKDOWN:
TOTAL TOTAL TOTAL 'ADD FOR TOTAL
MATERIAL FREIGHT INSTALLATION PERFORMANCE PROJECT
COST COST COST BOND COST
$ 46,207.37 $ 3,532.00 $ 21,979.00 $1,075.76 ~,~: ~:. ~ ·
TERMS AND CONDITIONS OF BID:
INSTALLATION DOES NOT INCLUDE SITE EXCAVATION, PER BID
SPECIFICATIONS.
· ~ TERMS: NET 30 UPON DELIVERY OF EQUIPMENT.
· / INSTALLATION DUE UPON COMPLETION
· / SALES TAX NOT INCLUDED
¼
/"~')i~ L · ~':~1 MIRACLE RECREATIONBouLDER,7174 FOUR coRIVERsEQUIPMENT80301ROADu, s.A. COMPANY
PHONE: (303) 530-.4414 ,~ (800) 729-7529 FAX: (303) 530-9239
e-maih GINAMANGUM~HOTMAIL. COM
3/14/2001
QUOTE TO: CITY OF ASPEN PARKS AND REC.
ATTN: SCOTT CHISM
JOB: YELLOW BRICK NEIGHBORHOOD PARK
I REVISED DOCUME~ WITH ADDITION OF LT "SNAKE" INSTALL
ITEM BID ITEM DESCRIPTION QTY UNIT PRICE TOTAL COST
(I~RT, INSTALL, (FRT, INSTALL~
1. KID'S CHOICE CUSTOM PLAYGROUND 1 $ 43,436.00 $ 43,436.00
STRUCTURE
2. KID'S CHOICE SWING MODEL I $1,842.00 $1,842.00
#714-735-4 WITH 2 BELT/2 TOT SEATS
SATURN 100 INSTALLATION ONLY 1 $ 2,300.00 I $
3.
2,300.60
ITEM BID ITEM DESCRIPTION QTY UNIT PRICE TOTAL COST
(i~RT, INSTALL, ~T, INST,~,LL,
MAT~.RL~L)
3. TOT'S CHOICE CUSTOM PLAYGROUND I $13,051.00 $13,051.00
STRUCTURE
4. MODEL #1114 6'X6' SAND BOX 1 $1,030.00 $1,030.00
5. MODEL #413 FREESTANDING CRAWL TUBE I $ 801.06 $ 801.06
6. LITTLE .TYKES "SNAKE" INSTALLATION 1 $ 650.00 $ 650.00
ONLY
ri'EM BID ITEM DESCRIPTION QTY UNIT PRICE TOTAL COST
(FRT, INSTALL, (FRT, INSTALL~
~L~TERO~) ~TE~)
7. MODEL #733003NI: TODDLER'S CHOICE 1 $ 2,391.88 $ 2,391.88
AREA PLAYGROUND STRUCTURE (#2)
C-1
8. MODEL #730002NI: TODDLER'S CHOICE I $ 3,775.43 $ 3,775.43
AREA PLAYGROUND STRUCTURE (#1)
C_2 .
9. MODEL #1114 6 X6 SAND BOX I $1,030.00 $1,030.00
C-2
10. #718-852-1: TOT'S CHOICE ARCH SWING 1 $1,411.00 $1,411.00
C-3 WITH 2 TOT SEATS. 7'4" HIGH TOP RAIL
TOTALS THIS PAGE: $ 71,718.37
GRAND TOTAL $ 71,718.37
(MATERIAL, FREIGHT AND INSTALLATION INCLUDED +
INSTALLATION OF SATURN 100):
ADD FOR PERFORMANCE BOND $1,075.76
~.~~~i~~., $ 72,794.13
· ~,~ ~.-. ~ :.'.~,., ..... · : · . . ..~ .
TOTAL BID IN WORDS:
~EVENTY TWO TI?OU~ANID, ~EVEN i'1UNPEED NINETY i~OUE AN~ TtlIETEEN
CENT'~
TOTAL BID BREAKDOWN:
TOTAL TOTAL TOTAL ADD FOR ;TOTAL
MATERIAL FREIGHT INSTALLATION PERFORMANCE PROJECT
COST COST . COST nOND ~ST
$ 46,207.37 $ 3,532.00 $ 21,979.00 $1,075.76
TERMS AND CONDITIONS OF BID:
INSTALLATION DOES NOT INCLUDE SITE EXCAVATION. PER BID
SPECIFICATIONS.
~ TERMS: NET 30 UPON DELIVERY OF EQUIPMENT.
~ INSTALLATION DUE UPON COMPLETION
v~ SALES TAX NOT INCLUDED
o®o