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HomeMy WebLinkAboutresolution.council.042-13 RESOLUTION #42 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND BECKER ARENA PRODUCTS INC. 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 Dasher Boards for the Aspen Ice Garden, between the City of Aspen and Becker Arena Products, Inc., a true and accurate copy of which is attached hereto as Exhibit "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 that Contract for Dasher Boards for the Aspen Ice Gardens, between the City of Aspen and Becker Arena Products, Inc., 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 8th day of April, 2013. Michael C. IrqAnd, 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, April 8, 2013 Kathryn . Koch, City Clerk The City or Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT - V2010 Gin nmornevsOffice PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES City of Aspen Project No.: 2013-010. AGREEMENT made as of 1 lt"day of March, in the year 2013. BETWEEN the City: Contract Amount: The City of Aspen Procurement: $86,980.00 c/o Aspen Ice Garden 130 South Galena Street Professional Services: $20,100.00 Aspen,Colorado 81611 Phone: (970)920-5055 Total: $107,080.00 If this Agreement requires the City to pay And the Professional: an amount of money in excess of $25,000.00 it shall not be deemed valid Becker Arena Products Inc. until it has been approved by the City Council of the City of Aspen. c/o James Becker City Council Approval: Savage,MN 55378 �,�� Phone: 800-234-5522 Date: Resolution No.: For the Following Project: Aspen Ice Garden—Dasher boards replacement project Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Scope of Work. Exhibit C: Hourly Fee Schedule. The City and Professional agree as set forth below. Agreement for Procurement and Professional Services Page 0 f SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. Deliverv. (FOB f Enter Delivery Address] ). 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. ( See Exhibit D). 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 Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. PROFESSIONAL SERVICES 6. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein. 7. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than July 1, 2013, with the installation and operation of all the equipment no later than July 1, 0213. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 8. Pam. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit C appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely,the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 9. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City Agreement for Procurement and Professional Services Page 1 or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 10. Termination of Procurement. 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. 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving a 30 day notice prior to installation start, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's Agreement for Procurement and Professional Services Page 2 compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 14. Professional's Insurance. (a) Professional 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 Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above 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) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' 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 Workers' Compensation requirements of this paragraph. (ii) 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, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) 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 Professional's owned, hired and non- Agreement for Procurement and Professional Services Page 3 owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City 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 coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, 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, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. Agreement for Procurement and Professional Services Page 4 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 18. 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 services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. Execution of Agreement by it . This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence)to execute the same. 21. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-10 1 (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. Agreement for Procurement and Professional Services Page 5 "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services"means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional 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) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional 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) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional 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. Professional 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 Professional 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) Professional 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. Agreement for Procurement and Professional Services Page 6 (v) If Professional 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, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional 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 Professional 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) Professional 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 Professional 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 Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (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. 21. Warranties Against Contingent Fees Gratuities Kickbacks and Conflicts of Interest. (a) Professional 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 Professional for the purpose of securing business. (b) Professional 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, Agreement for Procurement and Professional Services Page 7 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. (c) Professional 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. (d) In addition to 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 Professional, 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 Professional; and 4. Recover such value from the offending parties. 22. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 23. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. Agreement for Procurement and Professional Services Page 8 CITY OF ASPEN, COLORADO: PROFESSIONAL: [Signature] [Signature] By: By: [Name] [Name] Title: Title: Date: Date: Approved as to form: City Attorney's Office Agreement for Procurement and Professional Services Page 9 EXHIBIT A List of supplies equipment or materials to be purchased With attached specification sheets cut sheets information, etc. BAP6.0 SIGNATURE SERIES HOCKEY DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish one BAP6.0 Signature Series galvanized steel framed dasher board system per the information furnished and will include the following items and features. No Addendums have been received or noted in the ftp site Question/Clarification has been reviewed Performance bonding is included the pricing Delivery lead time 12 weeks from approved submittal drawings DASHER FRAMING & POLYETHYLENE FACING CAP RAIL& KICK PLATE Rink Size: 183'x 83'x 24' radius-531 lineal feet of 42"high BAP6.0 Signature Series galvanized steel frame dasher boards(Ring with box divider panels and back walls to penalty boxes) 1/2"white high-density polyethylene dasher facing 1/2"yellow high-density polyethylene kick plate 3/4"blue or red high-density polyethylene cap rail All panels pre-assembled All panel steel framing hot dip galvanized after fabrication 5/8"drilled in epoxy anchors One 8'long dasher panel removable(Shielding matches the panel width) GATES One 10'-0"straight double leaf equipment gate complete with heavy duty adjustable hinges, slide bar, cane bolts and heavy duty casters Four 2'-6" player box gates with heavy duty hinges and lift latches Two 2'-6" penalty box gates with heavy duty hinges and ice side push button latches Two T-0"access gate with heavy duty hinges and ice side push button latches One 4'-0"access gate with heavy duty hinges and ice side push button latches 1"thick high—density polyethylene thresholds on player, penalty and access gates PLAYER. PENALTY AND TIMEKEEPERS AREA Player boxes—Two each 5'-0"x 30' long with full width end divider panels(No back walls)— one 2'-6"player access gate in each end divider Penalty boxes—Two each 4'-0"deep x 6'long with side divider panels and back walls Timekeeper box—One each 5-0"deep x 8' long with side divider panels(No back walls)—one 2'-6"access gate into the timekeeper box 80 lineal feet of 3/8"thick white high-density polyethylene backer sheet in the player, penalty and timekeeper boxes complete with built-in shelving in the player boxes 68 lineal feet of 9-1/2"wide recycled plastic benches with steel frames and supports in the player and penalty boxes (28' in each player box&6' in each penalty box) One 1"thick x 18"wide x 96"long solid natural polyethylene timekeeper table Agreement for Procurement and Professional Services Page 10 TEMPERED GLASS SHIELDING 114.5 lineal feet of 5/8" x 4'-0" high tempered glass shielding for one end and the two adjacent radius corners of the rink complete with two-piece powder coated aluminum shield supports 114.5 lineal feet of 5/8" x 4'-0" high "Vision"tempered glass shielding for one end and the two adjacent radius corners of the rink complete with formed polycarbonate shield support clip 242 lineal feet of 1/2"x 3'-0" high tempered glass shielding for the sides of the rink, box dividers and back walls to the penalty boxes complete with two-piece anodized aluminum shield supports Shield termination padding BACKER 435 lineal feet of 3/8"white high-density polyethylene full height backer sheet(41")as required for the entire exterior perimeter of the dasher board system including the back walls of the penalty boxes and end dividers. Includes one 1"x 2" steel tube added to steel frame of dasher panels and a white "H" mullion closure strip Agreement for Procurement and Professional Services Page 11 EXHIBIT B Scope of Work BAP6.0 SIGNATURE SERIES HOCKEY DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish one BAP6.0 Signature Series galvanized steel framed dasher board system per the information furnished and will include the following items and features. No Addendums have been received or noted in the ftp site Question/Clarification has been reviewed Performance bonding is included the pricing Delivery lead time 12 weeks from approved submittal drawings INSTALLATION Becker Arena Products, Inc. will furnish a crew for the complete installation of the dasher system with tempered glass shielding, backer and all items detailed above. Price includes installation labor(Non-union labor/ Non prevailing wage rate), all travel, lodging, per diem and a forklift Agreement for Procurement and Professional Services Page 12 EXHIBIT C Fee Schedule Materials Only $ 82,750.00 Freight to Aspen, Colorado $ 10,430.00 Installation $ 20.100.00 TOTAL $113,280.00 Agreement for Procurement and Professional Services Page 13 CITY OF ASPEN, COLORADO: PROFE [S �.e] 9ILVIZ By: o By: �� [Nam [Name] ` Title: CA I ?.>Title: V Date: ys-k _ Date: (' Approved as to form: City Attorney's Office Agreement for Procurement and Professional Services Page 9 EXHIBIT A List of supplies equipment or materials to be purchased With attached specification sheets cut sheets,information, etc. BAP6.0 SIGNATURE SERIES HOCKEY DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish one BAP6.0 Signature Series galvanized steel framed dasher board system per the information furnished and will include the following items and features. No Addendums have been received or noted in the ftp site Question/Clarification has been reviewed Performance bonding is included the pricing Delivery lead time 12 weeks from approved submittal drawings DASHER FRAMING&POLYETHYLENE FACING, CAP RAIL& KICK PLATE Rink Size: 183'x 83'x 24' radius-531 lineal feet of 42"high BAP6.0 Signature Series galvanized steel frame dasher boards(Ring with box divider panels and back walls to penalty boxes) 112"white high-density polyethylene dasher facing 1/2"yellow high-density polyethylene kick plate 3/4"blue or red high-density polyethylene cap rail All panels pre-assembled All panel steel framing hot dip galvanized after fabrication 518"drilled in epoxy anchors One 8'long dasher panel removable (Shielding matches the panel width) GATES One 10'-0"straight double leaf equipment gate complete with heavy duty adjustable hinges, slide bar,cane bolts and heavy duty casters Four 2'-6"player box gates with heavy duty hinges and lift latches Two 2'-6"penalty box gates with heavy duty hinges and ice side push button latches Two T-0"access gate with heavy duty hinges and ice side push button latches One 4'-0"access gate with heavy duty hinges and ice side push button latches 1"thick high—density polyethylene thresholds on player, penalty and access gates PLAYER PENALTY AND TIMEKEEPERS AREA Player boxes—Two each 5'-0"x 30' long with full width end divider panels(No back walls)— one 2'-6"player access gate in each end divider Penalty boxes--Two each 4'-0"deep x 6'long with side divider panels and back walls Timekeeper box—One each 5-0"deep x 8'long with side divider panels(No back walls)—one 2'-6"access gate into the timekeeper box 80 lineal feet of 318"thick white high-density polyethylene backer sheet in the player, penalty and timekeeper boxes complete with built-in shelving in the player boxes 68 lineal feet of 9-1/2"wide recycled plastic benches with steel frames and supports in the player and penalty boxes (28'in each player box&6'in each penalty box) One 1"thick x 18"wide x 96"long solid natural polyethylene timekeeper table Agreement for Procurement and Professional Services Page 10 1 � TEMPERED GLASS SHIELDING 114.5 lineal feet of 5/8" x 4'-0" high tempered glass shielding for one end and the two adjacent radius corners of the rink complete with two-piece powder coated aluminum shield supports 114.5 lineal feet of 5/8" x 4'-0" high "Vision"tempered glass shielding for one end and the two adjacent radius corners of the rink complete with formed polycarbonate shield support clip 242 lineal feet of 912"x 3'-0" high tempered glass shielding for the sides of the rink, box dividers and back walls to the penalty boxes complete with two-piece anodized aluminum shield supports Shield termination padding BACKER 435 lineal feet of 3/8"white high-density polyethylene full height backer sheet(41")as required for the entire exterior perimeter of the dasher board system including the back walls of the penalty boxes and end dividers. Includes one 1"x 2"steel tube added to steel frame of dasher panels and a white "H"mullion closure strip Agreement for Procurement and Professional Services Page 11 EXHIBIT B Scope of Work BAP6.0 SIGNATURE SERIES HOCKEY DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish one BAP6.0 Signature Series galvanized steel framed dasher board system per the information furnished and will include the following items and features. No Addendums have been received or noted in the ftp site Question/Clarification has been reviewed Performance bonding is included the pricing Delivery lead time 12 weeks from approved submittal drawings INSTALLATION Becker Arena Products, Inc. will furnish a crew for the complete installation of the dasher system with tempered glass shielding, backer and all items detailed above. Price includes installation labor(Non-union labor/ Non prevailing wage rate), all travel, lodging, per diem and a forklift Agreement for Procurement and Professional Services Page 12 EXHIBIT C Fee Schedule Materials Only $ 82,750.00 Freight to Aspen, Colorado $ 10,430.00 Installation $ 20.100.00 TOTAL $113,280.00 Less Trade in of old Dasher Boards -$ 6,200.00 Total $107,080.00 Agreement for Procurement and Professional Services Page 13 %l Becker Arena Products, Inc. Sports Facility Supplies&Equipment 6611 West Hwy 13, Savage, MN 55378 ® 800-234-5522• Fax 952.890.2680.www.beckerarena.com ARENA PRODUCTS.INC. Mr. Jon Larson February 27, 2013 City of Aspen Ice Garden Aspen, CO Subject: Aspen Ice Garden Trade-in of existing dasher boards&shielding Dear Jon, Becker Arena Products offers a$6,200.00 trade-in of the dasher boards and glass system currently installed at the Aspen Ice Garden. Becker Arena Products will be responsible for the removal, packaging and transportation from the site. Please let me know if you have any questions. We look forward to working with you. Best Regards, James Becker President Becker Arena Products, Inc. P640 Y�p� BECKER ARENA PRODUCTS,INC. �. I Quotation # 021913-ASP-D Revision # Date: February 19, 2013 Prepared for: Aspen Ice Garden 2013 Rink Dasher Board Replacement 1 ! Ms. Rebecca Hodgson Aspen, Colorado Our understanding of your current situation: You are currently accepting bids for new dasher boards at the Aspen Ice Garden. Our approach to meet your needs: We are providing a bid per the information provided Thank you for considering Becker Arena Products, Inc. as a product supplier and partner in your current project. We have been serving the Sports and Recreation Industry since 1988. We welcome the opportunity to earn your trust with this project by demonstrating our ability to perform to your satisfaction through our staff of professionals, with our versatility, experience, on-time deliveries and commitment to quality. With Becker Arena Products you will receive a Worry Free project — Guaranteed. ©nfidential: This document contains proprietary and confidential information that is owned and is of significant value to Becker Arena Products,Inc. NO unauthorized use,disclosure or reproduction of any of this information is permitted without the rior written p- n o .eck-r Arena Products,Inc. 1 f Quotation D - • Options Becker Arena Products, :00 Per your recent inquiry, below please find pricing for the following dasher board system. BAP6.0 SIGNATURE SERIES HOCKEY DASHER BOARD SYSTEM i Becker Arena Products, Inc. shall furnish one BAP6.0 Signature Series galvanized steel framed dasher board system per the information furnished and will include the following items and features. No Addendums have been received or noted in the ftp site Question/Clarification has been reviewed i Performance bonding is included the pricing Delivery lead time 12 weeks from approved submittal drawings DASHER FRAMING & POLYETHYLENE FACING CAP RAIL & KICK PLATE Rink Size: 183' x 83' x 24' radius - 531 lineal feet of 42" high BAP6.0 Signature Series galvanized steel frame dasher boards (Ring with box divider panels and back walls to penalty boxes) 1/2" white high-density polyethylene dasher facing 1/2" yellow high-density polyethylene kick plate 3/4" blue or red high-density polyethylene cap rail All panels pre-assembled All panel steel framing hot dip galvanized after fabrication 5/8" drilled in epoxy anchors One 8' long dasher panel removable (Shielding matches the panel width) GATES One 10'-0" straight double leaf equipment gate complete with heavy duty adjustable hinges, slide bar, cane bolts and heavy duty casters Four 2'-6" player box gates with heavy duty hinges and lift latches Two 2'-6" penalty box gates with heavy duty hinges and ice side push button latches Two 3'-0" access gate with heavy duty hinges and ice side push button latches One 4'-0" access gate with heavy duty hinges and ice side push button latches 1" thick high—density polyethylene thresholds on player, penalty and access gates PLAYER, PENALTY AND TIMEKEEPERS AREA Player boxes—Two each 5'-0" x 30' long with full width end divider panels (No back walls)— one 2'-6" player access gate in each end divider Penalty boxes —Two each 4'-0" deep x 6' long with side divider panels and back walls Timekeeper box— One each 5-0"deep x 8' long with side divider panels (No back walls) — one 2'-6" access gate into the timekeeper box 80 lineal feet of 3/8" thick white high-density polyethylene backer sheet in the player, penalty and timekeeper boxes complete with built-in shelving in the player boxes 68 lineal feet of 9-1/2" wide recycled plastic benches with steel frames and supports in the player and penalty boxes (28' in each player box & 6' in each penalty box) One 1"thick x 18" wide x 96" long solid natural polyethylene timekeeper table I 2 6611 West Hwy 13 Savage MN 55378 www.beckerarena.com :0i 40 TEMPERED GLASS SHIELDING 114.5 lineal feet of 518" x 4'-0" high tempered glass shielding for one end and the two adjacent radius corners of the rink complete with two-piece powder coated aluminum shield supports 114.5 lineal feet of 5/8" x 4'-0" high "Vision" tempered glass shielding for one end and the two adjacent radius corners of the rink complete with formed polycarbonate shield support clip 242 lineal feet of 1/2" x 3'- 0" high tempered glass shielding for the sides of the rink, box dividers and back walls to the penalty boxes complete with two-piece anodized aluminum shield supports Shield termination padding BACKER 435 lineal feet of 3/8" white high-density polyethylene full height backer sheet (41") as required for the entire exterior perimeter of the dasher board system including the back walls of the penalty boxes and end dividers. Includes one 1" x 2" steel tube added to steel frame of dasher panels and a white "H" mullion closure strip INSTALLATION Becker Arena Products, Inc. will furnish a crew for the complete installation of the I dasher system with tempered glass shielding, backer and all items detailed above. Price includes installation labor (Non-union labor/ Non prevailing wage rate), all travel, lodging, per diem and a forklift MATERIALS ONLY $ 82,750.00 FREIGHT TO ASPEN, COLORADO $ 10,430.00 INSTALLATION $ 20100.00 TOTAL $113,280.00 (Total — in words) One hundred thirteen thousand, two hundred eighty dollars and 00/100 Please Note: Plus applicable taxes. Prices do not include local, state or federal taxes. ---VV- re looking forward to the opportunity of working with you on your project and if we can be of further assi t�nce please do not hesitate to call. tameRJJ�,� rds, IIfIf "ls��/ Becker/ President/iim(a�beckerarena.com /952-890-2690 Becker Arena Products, Inc. Becker Arena Products, Inc. is an Affirmative Action/Equal Employment Opportunity Employer I 1 3 i 6611 West HwV 13 Smmge MN 55378 • :00 I BECKER ARENA PRODUCTS, INC. 2 YEAR LIMITED WARRANTY 1. What Is Covered By This Limited Warranty-Becker Arena Products,Inc.("BAP")warrants to the original purchaser("Purchaser")that the BAP rink system(the"Rink System")that is subject of this sale(a)conforms to BAP's published specifications and(b)is free from defects in material or workmanship. The duration of this warranty is two years from the date of delivery to the original Purchaser. In the event of any claim of defect during the warranty period,Purchaser shall promptly notify Seller in writing of the claimed defect. Within a reasonable time after such notification Purchaser shall provide Seller full access to the products to inspect,repair,and/or replace the products in question. Seller's sole obligation shall be to correct any actual defect by repair,replacement,or adjustment as determined in Seller's sole discretion. In no event shall notification be effective if received by BAP later than 25 months from date of delivery of the Rink System. These remedies are Purchaser's exclusive remedies for breach of warranty. 2. What Is Not Covered By This Warranty—BAP does not warrant(a)any product,component or parts not manufactured by BAP,(b)defects caused by failure to provide a suitable installation environment for the Rink System,(c)defects caused by failure to follow BAP's Rink System maintenance schedule, (d)damage caused by use of the Rink System for purposes other than those for which it was designed, (e)damage caused by a disaster such as fire, flood,wind or lightening,(f)damaged caused by unauthorized attachments or modifications to the Rink System,(g)damage during shipment,or(h)any other abuse or misuse by Purchaser or the Rink System. 3. Disclaimer Of Warranty—THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES FOUND UNDER ARTICLE 35(2)(a)AND(b)OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS 1980. 4. Limitations Of Remedies—In no case shall BAP be liable for any special, incidental or consequential damages based upon breach of warranty,breach of contract,negligence,strict tort or any other legal theory. Such damages include,but are not limited to, loss of profits, loss of savings revenue, loss of use of Rink System or any associated equipment,cost of capital,cost of any substitute equipment,facilities or service,downtime,the claims of third parties(including customers)and injury to property. This limitation does not apply to claims for personal injury. Some states do not allow limits on warranties or on remedies for breach in certain transactions. In such states,the limits in this Section 4 and in Section 3 above my not apply. 5. Time Limit For Bringing Suit—Any action for a breach of warranty must be commenced within 15 months following delivery of the Rink System. 6. No Other Warranties—Unless modified in a writing signed by both parties,this agreement is understood to be the complete and exclusive agreement between the parties,superseding all prior agreements,oral or written,and all other communications between the parties relating to the subject matter of this agreement. No employee of BAP or any other party is authorized to make any warranty in addition to those made in this agreement. 7. Allocation Of Risk—This warranty allocates the risk of product failure between BAP and Purchaser. This allocation is recognized by both parties and is reflected in the price of the Rink System. Purchaser acknowledges it has read this warranty,understands it and is bound by its terms. _ BECKER PRODUCTS f 3orlxol�� &)Ion Elmker Arena Pmducs has been in business for—IS years,The major sports markets i11 PRODUCTS, Soccer Whether your project is corn,nunity, Becker Arira Products is Itere as your partner and powd to help yoi manage your project and becorne)—r f—trer. USED EQUIPMENT? ( it I 10,buyii - O a r / b� c.,nh,rn 661 I Wes[Highway IJ L r�S Qll Qt�� r�(9U�' /��-0,�•�G�.. Irer ccrn!°R' Savage,MN 55378 �-s,��,; / r/ /�t'�' �•+ 11tk1<I.2iJ�r2 Pnone•952890.2690 � -� Prcye<t and°wise.saet(acum n.Twe 'a, iut unhr+ur - Arr kermrm:mm _ ,mpor;cnt[°Becker Arena Products c5on �rTa- fax:952890.2680 r. Ne number o(sptems we Rudd.n a yew. Emaa:inlotdbeckenrena-tam Be<ku builds rtlworsh.s R y beyond Ne P>erds, t I-800-234-5522 � ne1D�a with d,e cnu➢errges o(operauom°nil www.6eckerarena.com BECKER `�'' ""me"O"cey�(«ra�rmgcw r�mon °nil heyond. ••11 WFether yvu°re a controa°r archrect or F"i 2009 Becker Arew Produco,Inc rink txv er n we nave the expertise you requ,re m dekver°great..... A:Becker Are"° 1.800-234-5522 WWW.BECKERARENA,COM P"°d°cu•d'sell°houc puro,�ppeopkprsc DASHER 1 ✓ ��'•t ✓ Anyone can sell you a set of boards but what happens when you need help down the tad?We offer total service before.during and after the installation...above and beyond the boards!After installation you will receive an owner's manual that includes blueprint copies and specifications j I I for replacement glass,cap rail and kick plates.There is a special section on care and maintenance �.. tips to ensure the ongevity of your prc ductYour project manager is available to you if you have any problems or questions as king as you need them.You also have full access to Beckees Rink / Maintenance Supplies and Equipment Division and Customer Service staff who can help you with l Q al;of your arena needs,by phone or via the web.Manufacturing your boards is just the beginning. Beyond the boards you can expect and vest our people to be there when you need them. �iS�t^� �n/p�03 �iUGGZy� Meet our people Planning for success / •Our knowiedgeeble cares stall will astiY.with decision criteria.Gem In piar,drg tour nnv prole".eve help into ! Backed by a great product we offer a partnership concept to completion. desislis and product d-sions inaiud,n in the planning,design and construction phases •Our innevatise design team.rill provide solutions to new or rtur f. •S.gnature series.Board Sys,ems P.. design chalknges best stated fa your faufgy of your project We help our client's project -Stezt fine - •Our project managers coornate with ttu a—,arthi:ec; succeed by understencling their situation and refngentfor,and general Contractors to ensure a sac—sid project -Alutrinu,n frame needs.while staying on budget and on schedule. •Spectator shicldmg syve, - -sulN_td -Gear"Vision°"Supp—k— L �y "done smoothly and on-schedule" Player and penalty box omig l�y Grr Q✓"lU�r0l/J !r!/ eaesior,trbrr —.ple.,x2wrnt,rrrh.airy-rr.,=eyrm W._n.yna,win, Anchoring y tems QYI�Gd-Qey�`7MGf1li/1l0 sarshejoh d.a.trnrx lya,erl.rt-.arhahJew k,eawara,nry Nrev.r,mnn,_. •Gate locatioa requixeme+ts Puck George Pan,Sr.Director 4op"wron,. co^'rol netting _ Our total quality guarantee assures you your Kerder C.piwia kepler,Arli.gro.,Uri •In;raltatnan cPticvhs boards will be buih to the exact specifications. l +, �1���\f�•f.''fl� (� _ & _ The quality of the materials and craftsmanship Ices all about reputation Beyond the boards y are lust described by our clients... _.. W,dram fleekur h—rf iu rgwrmiu.i4 are uvluVry,rc/nr.Gl n PnnecLve rk,avy, f:. ';9�� �---✓.`-- �—�..-- osMrrf.t espemmr,u,rd equipment provfdrr,.Overdl,bb/err.ro!lan,liar .Erent flooring it, •r.. 8ec4r Arena Prr.lacp w.u1J 1x there r.,upfmrr ux hefore,du.iag v.J�r ,���� � �( the pr Xe was completed. Locker mom 1 It's all about solutions -Lobby area e .• 'ts •Spectator seating f- Our Hre4er rep,Y. n r .r bed ieyah k...redge./the Wan,mar .R-4 skates ar,d smog swans ' .jade.r cony not ha.done everything he re­.ded.1.1—,felt hr+ns i G,�U.g"infer ur he„M ere".Hr r k the nine n,rerpend eve.m h,arr •Maixenaoce eCu'Cr+he+`t - .,h—he had m dire,.wrwimr h,<,B us. ...ond morel \ -Mfke Mu/h.11,Ge.eral bra.oger,F.—ke C,.te,hrdlnn h.d.,VC