HomeMy WebLinkAboutresolution.council.131-19 RESOLUTION #131
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND VELOCITY PLANTS SERVICES, 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
Phase II, 2020 Water Treatment Plant Residuals Removal, between the City of
Aspen and, 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 Phase II, 2020 Water Treatment Plant Residuals Removal, between the City of
Aspen and Velocity Plant Services, 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 1 Ot" day of December, 2019.
7D7091
Torre, Mayor
I, Linda Manning, 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, December 10", 2019.
Linda Manning, City lerk
PLANT SERVICES
City of Aspen 11/20/2019
Attn: Ryan Loebach
500 Doolittle Drive
Aspen,CO 81611
RE: 2020 Task A— Phase 2,2020 Water Treatment Plant Residual Removal
Mr.Loebach,
Velocity Plant Services is pleased to provide pricing on the following items:
Scope-Clean Sludge from 2 domed clarilliers:
1. Aspen to drain water prior to VPS beginning work.
2. Mobilize/Demobilize.
3. Use water supplied by Aspen to loosen and remove approximately 130 CY of sludge from the
2 clarifiers combined.Vac truck will be used,and sludge transported to backwash basin area.
Sludge will not be removed from site at this time. Hand labor included as needed.
4. Equipment and labor to maintain the sludge drying area during sludge dumping.
5. Flush Drain lines back to backwash pond.
6. Cleanup jobsite.
Itemized Pricing:
1. Mobilize/Demobilize $5,000.00
2. General conditions/subsistence $7,648.00
3. Superintendent $4,600.00
4. Sludge Removal&Flushing A 285.00 per CY $37,050.00
5. Sludge drying bed maintenance $10,000.00
Total Price for Task A $64,298.00
Option 1:
If sludge quantities exceed the CY stated above,additional charges will apply for the vac-truck operations
at the rate of$285.00 per Cubic Yard of material removed.This quantity will be calculated at one full truck
equaling 16 CY. ***Additional superintendent, loader,and skidsteer time and velocity labor will also be
applied at a T&M rate with subsistence to maintain the backwash basin area.
Velocity Plant Services excludes:bonds,specialty insurance,or permits to accomplish this project. if
required,extra charges will be applied for any of these items.
Specific exclusions: Removal or replacement of any asphalt,work is assumed to be entirely in the dirt area.
Landscaping,pressure test on existing pipe or valves,painting of pipe.Bypass pumping or overnight watch.
Respectfully,
Patrick Z guAkitt
Patrick Gledhill
Project Manager/Estimator
Velocity Plant Services,LLC.
2107 West College Avenue.Englewood,CO 80110
Phone:(303)984-7800, Fax:(303)984-7802
Cell:(303)880-3527
pgledhill(iJvelocityci.com
www.velocityci.com
CITY OF ASPEN
CONTRACT FOR CONSTRUCTION
(Short Form)
THIS CONTRACT, made and entered into on December 10th . 2019, by and between
the CITY OF ASPEN, Colorado, hereinafter called the "City", and Velocity Plant
Services,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 parries hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor,materials,
tools, machinery, equipment, temporary utilities, transportation and any other facilities
needed therefor, and to complete in a good, workmanlike and substantial manner the
Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit"A"
which is incorporated herein as if fully set forth(the "Project").
2. Plans and Specifications; Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or Proposal
appended hereto for the same approved in writing by the parties hereto. The Project shall
also be constructed and completed in strict compliance with all laws, ordinances, rules,
regulations of all applicable governmental authorities, and the City of Aspen Procurement
Code,Title 4 of the Municipal Code,including the approval requirements of Section 4-08-
040. Contractor shall apply for and obtain all required permits and licenses and shall pay
all fees therefor and all other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and Contracts
herein contained being performed and kept by Contractor, including the supplying of all
labor,materials and services required by this Contract,and the construction and completion
of the Project, City agrees to pay Contractor a sum not to exceed Sixty Four Thousand
Two Hundred Ninety Eiaht($64.298.00)DOLLARS or as shown on Exhibit"A".
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof,to prosecute said work thereafter diligently
and continuously to completion, and in any and all events to substantially complete the
same not later than December V. 2020, subject to such delays as are permissible under
the`Extension of Time for Completion'section of this Contract.
5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills
and charges for material, labor,machinery, equipment or any other service or facility used
in connection with or arising out of the Project, and shall obtain periodic releases from all
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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. This Contract and the Proposal or Scope of
Work appended hereto as Exhibit"A"are intended to supplement one another. In case of
conflict, however,this Contract shall control both.
8. Changes in the Work. Should the City at any time during the progress of
the work request any modifications, alterations or deviations in,additions to, or omissions
from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the
same shall in no way affect or make void this Contract; but the amount thereof shall be
amortized over the remaining term of this Contract and added to or deducted, as the case
may be, from the payments set forth in Paragraph 3 above by a fair and reasonable
valuation,based upon the actual cost of labor and materials. This Contract shall be deemed
to be completed when the work is finished in accordance with the original Proposal or
Scope of Work as amended or modified by such changes, whatever may be the nature or
the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall
be that, upon the demand of either City or Contractor, the character and valuation of any
or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed
by City and Contractor, prior to performance.
9. Contractor's Failure to Perform. Should Contractor, at any time during
the progress of the work, refuse or fail to supply sufficient material or workmen for the
expeditious progress of said work or fail to perform any other provisions of this Contract,
City may, upon giving notice in writing to Contractor as provided herein and upon
Contractor's failure to remedy any such failure within 3 days from receipt of such notice,
terminate this Contract and provide the necessary material and workmen to finish the work
and may enter upon the Property for such purpose and complete said work. The expense
thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the
total cost of the work to City exceeds the amount of such remaining payments,Een#aetef:
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shall pay te City upon demand the amettat ef sueh eyeess in addifien te any and all other-
Such termination shall not prejudice or be exclusive of any
other legal rights which City may have against Contractor. Any excess amount shall be
determined through arbitration/litigation.
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.
11. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expenses or purchasing any other materials for the Project, shall
proceed to inspect the work site and all visible conditions and that if, at the time of
inspection therefor, the Contractor finds that the proposed work is at variance with the
conditions indicated by the Proposal, Scope of Work, or information supplied by City, or
should Contractor encounter physical conditions below the surface of the ground of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract or inherent in
a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall
at that time have the right and option to immediately cancel and terminate this Contract or
to instruct Contractor to continue the work and add the additional amount attributable to
such unforeseen conditions to the payments due Contractor as set forth above.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of cancellation.
In computing such costs, building permit fees, insurance and such financing and title
charges as are not refundable shall be included; provided that supervision time, office
overhead and profit shall not be included in such costs to be refunded to Contractor by
reason of such cancellation.
12. Acceptance by City. No payment hereunder nor occupancy of said improvements
or any part thereof shall be construed as an acceptance of any work done up to the time of
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such payment or occupancy, but the entire work is to be subject to the inspection and
approval of City at the time when Contractor notifies City that the Project has been
completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file of
record within five(5) days after the substantial completion and acceptance of the Project a
Notice of Completion. If City fails to so record the Notice of Completion within said five
(5) day period, City hereby appoints Contractor as City's agent to sign and record such
Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled
with an interest. Contractor agrees upon receipt of final payment to release the Project and
property from any and all claims that may have accrued against the same by reason of said
construction. If Contractor faithfully performs the obligations of this Contract on its part
to be performed, it shall have the right to refuse to permit occupancy of any structures by
City or City's assignees or agents until the Notice of Completion has been recorded and
Contractor has received the payment, if any, due hereunder at completion of construction,
less such amounts as may be retained pursuant to mutual Contract of City and Contractor
under the provisions of Paragraph 3 above.
14. 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, to the extent and for an amount represented by the degree or
percentage 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 wrongful 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 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, or at the option of
the City, agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with,any such liability,claims,or demands.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.
15. Insurance.
a. The Contractor agrees to procure and maintain,at its own expense,a policy or
policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law.
The Contractor shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain
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insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration,or types.
b. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed in the
Supplemental Conditions.If the Supplemental Conditions do not set forth minimum insurance
coverage, then the minimum coverage shall be as set forth below. Such coverage shall be
procured and maintained with forms and insurance acceptable to City. All coverage shall be
continuously maintained to cover all liability,claims,demands,and other obligations assumed
by the Contractor pursuant to the terms of this Contract.In the case of any claims-made policy,
the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage.
1. Workmen s Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS($500,000.00)disease-each employee.
Evidence of qualified self-insured status may be substituted for the Workmen's
Compensation requirements of this paragraph.
2. Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be
applicable to all premises and operations.The policy shall include coverage for bodily
injury,broad form property damage(including completed operations),personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors,products,and completed operations.The policy shall include
coverage for explosion, collapse, and underground hazards. The policy shall contain
a severability of interests provision.
3. Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00)aggregate with respect to each Contractor's owned,hired
and non-owned vehicles assigned to or used in performance of the services.The policy
shall contain a severability of interests provision. If the Contractor has no owned
automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee
of the Contractor providing services to the City under this contract.
C. Except for any Contractor Liability insurance that may be required,the policy
or policies required above shall be endorsed to include the City of Aspen and the City of
Aspen's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City of Aspen,its officers or employees,
or 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
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arising from completed operations. The Contractor shall be solely responsible for any
deductible losses under any policy required above.
d. The certificate of insurance provided to 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 thi (30)days prior written notice has been given to the City of Aspen.
e. In addition,these Certificates of Insurance shall contain the following clauses:
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
effected shall protect all parties and be primary coverage for any and all losses covered
by the above-described insurance. To the extent that the City's insurer(s)may become
liable for secondary or excess coverage,the City's underwriters and insurers shall have
no right of recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse against
the City of Aspen for payment of any premiums or for assessments under any form of
policy.
Any and all deductibles in the above-described insurance policies shall be assumed by
and be for the amount of,and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect at
least fifteen(15)days prior to a policy's expiration date except for any policy expiring on the
expiration date of this Contract or thereafter.
e. Failure on the part of the Contractor to procure or maintain policies providing
the required coverage, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith.All moneys so paid by City shall be repaid by
Contractor to City upon demand,or City may offset the cost of the premiums against moneys
due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy and
any endorsement thereto.
16. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or
vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid
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for by City as extra work under Paragraph 8 above. If, however, the estimated cost of
replacement of the work already completed by Contractor exceeds twenty (20%) percent
of the insured sum set forth in Paragraph 14 above,City shall have the option to cancel this
Contract and, in such event, Contractor shall be paid the reasonable cost, including net
profit to Contractor in the amount of ten (10%) percent, of all work performed by
Contractor before such cancellation.
17. 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:
City of Aspen
C/O Ryan Loebach, P.E.
130 South Galena Street
Aspen, Colorado 81611
To Contractor:
Velocity Plant Services
C/O Dan Hart
2107 West College Avenue
Englewood. CO 80110
subject to the right of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as transmitted by telecopier or delivered
personally,one day after consignment to overnight courier service such as Federal Express,
or two days after the deposit in the United States mail as registered or certified matter,
addressed as above provided, with postage thereon fully prepaid.
18.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.
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(c) Contractor shall obtain, at City's expense, third party warranty contracts (to be
entered into by City).
19. Licensure of Contractor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado, and
if applicable, in the County of Pitkin.
20. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in, or be construed as establishing an
employment relationship. The Contractor shall be, and shall perform as, an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No
agent,employee,or servant of the Contractor shall be,or shall be deemed to be,the employee,
agent or servant of the City. The City is interested only in the results obtained under the
Contract Documents. The manner and means of conducting the Work are under the sole
control of the Contractor.None of the benefits provided by the City to its employees including,
but not limited to, worker's compensation insurance and unemployment insurance, are
available from the City to the employees,agents or servants of the Contractor.The Contractor
shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents,
employees, servants and subcontractors during the performance of the Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS
EARNED PURSUANT TO THE CONTRACT.
21. 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.
22. Successors and Assigns. Subject to paragraph 22, above, this Contract
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
23. 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.
24. Waivers. No waiver by City or Contractor of any default by the other or of
any event, circumstance or condition permitting either to terminate this Contract shall
constitute a waiver of any other default or other such event, circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
succeeding;and no failure or delay by either City or Contractor to exercise any right arising
by reason of any default by the other shall prevent the exercise of such right while the
defaulting party continues in default,and no waiver of any default shall operate as a waiver
of any other default or as a modification of this Contract.
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25. 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.
26. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or equity
shall be Pitkin County.
27. 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.
28. 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.
29. Nondiscrimination. During the performance of this Contract,the Contractor
agrees as follows: The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, age, marital status, sexual
orientation,being handicapped,a disadvantaged person,or a disabled or Vietnam 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 Vietnam era veteran. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination;rates of pay or other forms of compensation;and selection
for training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
30. 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.
31. 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 a Contract or understanding for a
commission, percentage, brokerage, or contingency fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of the
City a gratuity or any offer of employment in connection with any decision, approval,
disapproval,recommendation,preparation of any part of a program requirement or a purchase
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request, influencing the content of any specification or procurement standard, rendering of
advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application,request for ruling,determination,claim or controversy,or other particular matter,
pertaining to this Contract or to any solicitation or proposal therefor.
C. It shall be a material breach of the Contract for any payment,gratuity,or offer
of employment to be made by or on behalf of a Subcontractor under a contract to the prime
Contractor or higher tier Subcontractor or any person associated therewith, as an inducement
for the 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.
32. 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 services
or materials and shall not be obligated to provide services or materials for which funds have
not been appropriate.
33. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
a. se. During the 2006 Colorado legislative session, the Legislature
passed House Bills 06-1343 (subsequently amended by HB 07-1073)and 06-1023
that added new statutes relating to the employment of and contracting with illegal
aliens. These new laws prohibit all state agencies and political subdivisions,
including the City of Aspen,from knowingly hiring an illegal alien to perform work
under a contract, or to knowingly contract with a subcontractor who knowingly
hires with an illegal alien to perform work under the contract. The new laws also
require that all contracts for services include certain specific language as set forth
in the statutes. The following terms and conditions have been designed to comply
with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this
reference are incorporated herein and in any contract for services entered into with
the City of Aspen.
b. Definitions. The following terms are defined in the new law and by this
reference are incorporated herein and in any contract for services entered into with
the City of Aspen.
"Basic Pilot Program" means the basic 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.
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"Public Contract for Services"means this Agreement.
"Services"means the furnishing of labor, time, or effort by a Contractor or
a subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
C. By signing this document, Contractor certifies and represents that at this
time:
(i) Contractor does not knowingly employ or contract with an illegal alien;
and
(ii)Contractor has participated or attempted to participate in the Basic Pilot
Program in order to verify that it does not employ illegal aliens.
d. Contractor hereby certifies that:
(i) Contractor shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired
for employment in the United States under the Public Contract for Services.
(ii) Contractor shall not enter into a contract with a subcontractor that
fails to confirm to the Contractor that the subcontractor shall not knowingly
hire new employees without confirming their employment eligibility for
employment in the United States under the Public Contract for Services.
(iii) Contractor has verified or has attempted to verify through
participation in the Federal Basic Pilot Program that Contractor does not
employ any new employees who are not eligible for employment in the
United States;and if Contractor has not been accepted into the Federal Basic
Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot
Program and shall in writing verify such application within five (5)days of
the date of the Public Contract. Contractor shall continue to apply to
participate in the Federal Basic Pilot Program and shall in writing verify
same every three(3)calendar months thereafter,until Contractor is accepted
or the public contract for services has been completed,whichever is earlier.
The requirements of this section shall not be required or effective if the
Federal Basic Pilot Program is discontinued.
(iv) Contractor shall not use the Basic Pilot Program procedures to
undertake pre-employment screening of job applicants while the Public
Contract for Services is being performed.
(v) If Contractor obtains actual knowledge that a subcontractor
performing work under the Public Contract for Services knowingly employs
or contracts with a new employee who is an illegal alien, Contractor shall:
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(1) Notify such subcontractor and the City of Aspen
within three days that Contractor has actual knowledge that the
subcontractor has newly employed or contracted with an illegal
alien; and
(2) Terminate the subcontract with the subcontractor if
within three days of receiving the notice required pursuant to this
section the subcontractor does not cease employing or contracting
with the new employee who is an illegal alien; except that
Contractor shall not terminate the Public Contract for Services with
the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
(vi) Contractor shall comply with any reasonable request by the
Colorado Department of Labor and Employment made in the course of an
investigation that the Colorado Department of Labor and Employment
undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
(vii) If Contractor violates any provision of the Public Contract for
Services pertaining to the duties imposed by Subsection 8-17.5-102,C.R.S.
the City of Aspen may terminate the Public Contract for Services. If the
Public Contract for Services is so terminated, Contractor shall be liable for
actual and consequential damages to the City of Aspen arising out of
Contractor's violation of Subsection 8-17.5-102, C.R.S.
(ix) If Contractor operates as a sole proprietor,Contractor hereby swears
or affirms under penalty of perjury that the Contractor(1)is a citizen of the
United States or otherwise lawfully present in the United States pursuant to
federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et
seq., and (3) shall produce one of the forms of identification required by
CRS 24-76.5-103 prior to the effective date of this Agreement.
34. Electronic Signatures and Electronic Records This Agreement and
any amendments hereto may be executed in several counterparts, each of which shall be
deemed an original, and all of which together shall constitute one agreement binding on
the Parties,notwithstanding the possible event that all Parties may not have signed the same
counterpart. Furthermore, each Party consents to the use of electronic signatures by either
Party. The Scope of Work, and any other documents requiring a signature hereunder,may
be signed electronically in the manner agreed to by the Parties. The Parties agree not to
deny the legal effect or enforceability of the Agreement solely because it is in electronic
form or because an electronic record was used in its formation. The Parties agree not to
object to the admissibility of the Agreement in the form of an electronic record, or a paper
copy of an electronic documents, or a paper copy of a document bearing an electronic
signature, on the ground that it is an electronic record or electronic signature or that it is
not in its original form or is not an original.
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IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
ATT D Y: CITY OF ASPEN, COLORADO
Title: T 1" h
APPROVED AS TO FORM:
17
By: �---� —
C' Attorney
ATTESTED BY: � CONTRACTOR:
Velocity Plant Services By:
SARA BRITTNEY NIELD Title:
NOTARY PUBLIC
STATE OF COLORADO
{ NOTARY ID 20194029612
I MY COMMISSION EXPIRES AUGUST 5 2023
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.
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF (,610rJ0
)
SS.
COUNTY OF ArQCkAkQf_�
On this � day of LIDVeim Cit'^ 20 ��, before
me appeared
A?X -Lc�t_ Gledhill to me
personally known, who, being by me first duly sworn, did say that s/he is
t1n a tic- of
�^ and that the
seal affixed to baid instrument is the corporate seal of said corporation, and that
said instrument was signed and sealed in behalf of said corporation by authority of
its board of directors, and said deponent acknowledged said instrument to be the
free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate
first above written.
4 za.
Notary Public
Address
My commission expires:
SARA BRITTNEY NIELD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194029612
"y CC?A�MiSSION EXPIRES AUGUST 5,2,123
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