HomeMy WebLinkAboutresolution.council.005-21RESOLUTION NO. 005
Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND MCDONOUGH
CONSTRUCTION LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS,the City of Aspen initiated an Invitation to Bid process to select a contractor
to undertake the 705 Cemetery Lane Renovation Project to construct an accessory dwelling
unit/carriage house within the existing footprint of the t/2 duple unit; and,
WHEREAS, there has been submitted to the City Council a contract for the 705
Cemetery Lane Renovation Project between the City of Aspen and McDonough Construction
LLC, a true and accurate copy of which is attached hereto as Attachment A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the contract for the 705
Cemetery Lane Renovation Project, between the City of Aspen and McDonough Construction
LLC, 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 12th day of January 2021.
Torre, Mayor
I, Nicole Henning, 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 on January 12, 2021.
Nicole ing, City Clerk
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CITY OFASPEN
CONTRACT FOR CONSTRUCTION
snort Form)
THIS CONTRACT, made and entered into on
12/23/20 by and between the CITY OF ASPEN,
Colorado,hereinafter called the"City",and McDonough Construction LLC,hereinafter
called the"Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged,the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to finish 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 Summary 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-
0$-040. Contractor shall apply for and obtain all required permits and licenses and shall
pay all fees therefor and all other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and
Contracts herein contained being performed and kept by Contractor, including the
supplying of all labor, materials and services required by this Contract, and the
construction and completion of the Project, City agrees to pay Contractor a sum not to
exceed two hundred fifty-one thousand dollars($ 251,000.00 ) 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 August 31, 2021, 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
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used in connection with or arising out of the Project, and shall obtain periodic releases
from all subcontractors and material suppliers supplying labor or materials to the Project
concurrently with Contractor's delivering any payment to such subcontractors and
material suppliers. Contractor shall indemnify and hold City and City's officers,
employees, agents, successors and assigns free and harmless against all expenses and
liability suffered or incurred in connection with the claims of any such subcontractors or
material suppliers, including but not limited to court costs and attorney's fees resulting or
arising therefrom; provided that Contractor shall be excused from this obligation to the
extent that City is in arrears in making the payments to Contractor. Should any, liens or
claims of lien be filed of record against the Property, or should Contractor receive notice
of any unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and discharge the same and cause the same to be released of
record, or shall furnish City with the proper indemnity either by title policy or by
corporate surety bond in the amount of 150% of the amount claimed pursuant to such
lien.
6. Releases. Contractor shall, if requested by City, before being entitled to.
receive any payment due, furnish to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly reeeipted and
identified, covering work done and the materials fiunished 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. ]Ile
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expense thereof shall be deducted from the payments remaining under Paragraph 3
above, or if the total cost of the.work to City exceeds the amount of such remaining
payments, Contractor shall pay to City upon demand the amount of such excess in
addition to any and all other damages to which City may be entitled. In the event of such
termination, City may take possession of all materials, equipment and appliances
belonging to Contractor upon or adjacent to the Property upon which said work is being
performed and may use the same in the completion of said work. Such termination shall
not prejudice or be exclusive of any other legal rights which City may have against
Contractor.
10. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during the time provided
for herein. However,the time during which Contractor is delayed in said work by(a)the
acts of City or its agents or employees or those claiming under Contract with or
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 weather 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.
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12. Acceptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the Project
has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file of
record within five (5) days after the substantial completion and acceptance of the Project
a Notice of Completion. If City fails to so record the Notice of Completion within said
five (5) day period, City hereby appoints Contractor as City's agent to sign and record
such Notice of Completion on City's behalf. This agency is irrevocable and is an agency
coupled with an interest. Contractor agrees upon receipt of final payment to release the
Project and property from any and all claims that may have accrued against the same by
reason of said construction. If Contractor faithfully performs the obligations of this
Contract on its part to be performed, it shall have the right to refuse to permit occupancy
of any structures by City or City's assignees or agents until the Notice of Completion has
been recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to mutual
Contract of City and Contractor under the provisions of Paragraph 3 above.
14. 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
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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
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
TWO MILLION DOLLARS ($2,000,000.00) 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
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be primary insurance, and any insurance carried by the City of Aspen, its officers or
employees,or carried by or provided through any insurance pool of the City of Aspen,shall
be excess and not contributory insurance to that provided by Contractor. No additional
insured endorsement to the policy required above shall contain any exclusion for bodily
injury or property damage arising from completed operations.The 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 thirty (30) duns 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.
f. 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.
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g. 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
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
130 South Galena Street
Aspen,Colorado 81611
To Contractor:
4)OMI! Const, LLC
A$Peln, CO 81tS 2
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
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acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
c. Contractor shall obtain, at City's expense, third party warranty contracts (to be
entered into by City).
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 not 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
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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.
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.
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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 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. 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.
Basic Pilot Program" means the basic pilot employment verification
program created in Public Law 208, 104th Congress, as amended, and expanded
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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, 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 sectidn 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.
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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:
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.
viii) 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.
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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.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
CITY OF ASPEN,COLORADO
By:
Title:
CONTRACTOR:
By: Bob McDonough_
Title: President
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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City Manager
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CERTIFICATE OF INCORPORATION
To be completed if Contractor is a Corporation)
STATE OF
SS.
COUNTY OF
On this day of 20 , before
me appeared
to me
personally known, who, being by me first duly sworn, did say that s/he is
Of
and that
the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in behalf of said corporation by
authority of its board of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate
first above written.
Notary Public
Address
My commission expires:
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DocuSign Envelope ID:88D7E8F3-FBOD-4E14-B2AB-5F2A09D0225F Exhibit A:Summary Scope of Work
705 Cemetery Lane Redevelopment Summary
705 and 707 Cemetery Lane is a duplex containing nearly 6,000SF on a 20,000SF lot in Aspen,Colorado.
The deed-restricted property is owned by the City of Aspen,and each residence has been available for
rental or ownership to City employees. One half of the duplex,705 Cemetery Lane,was recently vacated
and the City has been evaluating redevelopment options for the space contained within the existing
footprint of the residence. It has been determined that the three-story residence is large enough to
accommodate an additional,accessory dwelling on the upper level and maintain the primary residence
within the main and basement levels.The proposed accessory dwelling(A.K.A.a carriage house, newly
addressed as 703 Cemetery Lane), has received necessary land use entitlements.
The enclosed project scope has already been largely determined by the land use and development
standards of the city. Beyond the creation of the carriage house within the shell of the existing
residence,the scope encompasses the following improvements to the building and site.
The basement level is to be reconfigured to allow for better access to the bathroom and private access
to the bedrooms. Egress windows are to be installed and a window well reduced in size. New flooring
and bathroom fixtures will be installed.
The main level will see the front door entry converted into a shared vestibule for both units,over
framing of the sun room patio floor to match the living room floor height, reconfiguring and updating
the bathroom,and opening up the floor plan in a limited manner.A fire separation/sound barrier will
need to be added to the ceiling of this level.The kitchen is to remain as is.
The upstairs will be where most of the work occurs.The master bedroom/bathroom is to be converted
into a new living area and kitchen.A new,separated mechanical system (with its own metering) is to be
installed in the attic.The existing bedrooms and adjoining bathroom will remain largely untouched. New
finishes will be required in the bathroom.
Individual storage lockers are to be created within the existing two-car garage associated with the
residence.The driveway outside will remain gravel, but an additional parking area in the front lawn of
707 Cemetery Lane is to be created to alleviate some parking and maneuvering constraints.Additionally,
the pond in the back yard is to be filled in and a welling pit installed so the tenants/owners can irrigate
with ditch water.
A fire sprinkler suppression system may need to be added to the entire house if required by Aspen Fire.
All reasonable energy saving efficiency measures are to be implemented.
A project specification has not been created for this project. For estimating purposes,please spec
durable,good quality, mid-level items that can be purchased off the shelf at home improvement stores
like Home Depot or Lowes.The selected contractor is expected to coordinate item selection with City
staff.
City staff is in the process of submitting a building permit packet for the project.We hope to have our
permit in hand, have a contractor selected,and be ready to start this project in early 2021.
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Basement Entryway Add walkway through existing closet
Basement Mechanical Reverse direction of door swing
Basement Mechanical Cap off upper level ducting
Basement Mechanical Separate metering from new upstairs carriage house
Basement Walkway Add closet in walkway
Basement Walkway Add door into bathroom
Basement Primary Bedroom Add closet
Basement Primary Bedroom Add egress window
Basement Primary Bedroom Wall off doorway to other bedroom
Basement Bedroom Add door at end of new hallway
Basement Bedroom Add walkthrough closet
Basement Bedroom Add pocket door to bathroom
Basement Bedroom Add egress window
Basement Bedroom Reduce size of existing window well
Basement Bathroom Reconfigure to accomidate new layout
Basement Bathroom Eliminate Window
Basement Bathroom New fixtures and finishes
Basement Bathroom New Shower Unit
Basement Bathroom Move sink
Main Level All Address fire separation/sound attenuation between units
Main Level Entryway Rework to become shared entry for access to individual units
Main Level Entryway Re configure closet
Main Level Hallway Remove wall between entryway and living room
Main Level Living Remove existing closet
Main Level Living Remove doors to sun porch. Replace with sliding doors
Main Level Sun Room Overframe floor to match finish floor height in dining/living room
Main Level Bathroom Close in all existing doors.Add new door off of sun room.
Main Level Bathroom Upgrade finishes
Main Level Garage Eliminate existing storage area and doorway to back yard
Main Level Garage Add two new storage areas
Upper Level Hallway Add door after landing at top of stairs
Upper Level M Closet Eliminate all walls
Upper Level M Bath Eliminate all interior walls
Upper Level M Bath Eliminate all existing fixtures
Upper Level Kitchen Create kitchen in existing M Bath/M Closet location
Upper Level M Bed Delete interior walls between hall and kitchen
Upper Level Living Convert existing M Bed into living room
Upper Level Bedroom 1 Add sliding door to closet
Upper Level Bedroom 2 Add door to closet
Upper Level Bathroom Delete wall between hallway and bathroom
Upper Level Bathroom New fixtures/finishes in bathroom
Upper Level Hallway Add laundry closet
Upper Level Hallway jAdd utility closet
Upper Level Attic I Put attic access in new location closer to hallway door
Upper Level Attic IClose in attic pony wall and windows
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Upper Level Attic Add new on demand hot water heater in attic
Upper Level All Cap existing ductwork
Upper Level All Add oil filled electric baseboard heat
All Levels All Implement appropriate efficciency upgrades
All Levels All Install Fire Sprinkler System (If Required)
Yard Driveway Add 1/2 hammerhead parking spot in the front yard of 707 Cemetery Lane
Yard Back Fill in Pond and add stilling well
Yard Front Fill in part of front yard window well
h7.. N:t'I ,,.C' '...;. ".rx, -. . i..-..W
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McDonough Construction LLC Estimate
PO Box 11689
Aspen, CO 81612 DATE ESTIMATE#
11/6/2020 461
NAME/ADDRESS
City of Aspen
703 Cemetery Lane
Aspen,CO 81611
PROJECT
ITEM DESCRIPTION QTY COST TOTAL
mobilization Site Set up 1 750.00 750.00
Demolition Demolition basement demo,is floor demo,top floor 1 7,500.00 7,500.00
demo remove walls
dumpster Dumpsters 3x 20yd=(60yds.) 3 1,300.00 3,900.00
framing Framing labor,create separation wall at garage bays,add 1 11,500.00 11,500.00
man door to garage,exterior rework entry way and new
upper level floor plan.walls interior walls plus attic
door,infill floor level 1.Interior wall framing,stair
framing for loft.
materials Framing materials 1 2,500.00 2,500.00
Finish Carpentry Finish carpentry 1 6,000.00 6,000.00
materials Materials;attic door,insulation,garage man door,new 1 4,500.00 4,500.00
entry door
Fireplace Demo fireplace,remove hearth,remove flue,repair roof. 1 2,325.00 2,325.00
Kitchen Cabinets Kitchen Cabinets and vanity cabinet 1 12,442.00 12,442.00
Kitchen Installation Kitchen installation 1 4,500.00 4,500.00
Countertops Countertops allowance for Laminate 1 2,500.00 2,500.00
plumbing labor Plumbing labor and materials add on-demand water 1 9,500.00 9,500.00
heater upstairs,separate metering,install gas line range
supply for new kitchen
Plumbing fixtures Plumbing fixtures 1 4,700.00 4,700.00
HVAC HVAC replace existing fumance in basement,cap duct 1 18,000.00 18,000.00
work,make modifications for venting new kitchen and
laundry
Carpentry Labor Carpentry labor to create storage in garage ceiling sound 1 2,800.00 2,800.00
attenuation main level,to create lhr.fire seperaton and
STC>50 or better
Electrical Electrical wire to code,split service between upper and 1 22,043.78 22,043.78
lower,add electric oil filled baseboard upstairs,Install
separate panel
appliances Kitchen appliances and washer dryer 1 5,700.00 5,700.00
installation Appliance installation 1 450.00 450.00
Trim Painted base and case S4S white painted jambs white 1 3,080.00 3,080.00
doors
Doors and Windows Doors and add 2 egress windows,concrete cut 1 4,200.00 4,200.00
Wood Flooring Wood flooring/carpet 1 5,978.00 5,978.00
Preliminary estimate and allowances only
TOTAL
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McDonough Construction LLC Estimate
PO Box 11689
Aspen, CO 81612 DATE ESTIMATE#
11/6/2020 461
NAME/ADDRESS
City of Aspen
703 Cemetery Lane
Aspen,CO 81611
PROJECT
ITEM DESCRIPTION QTY COST TOTAL
Door Hardware Door hardware 7 75.00 525.00
paint Paint 1 11,000.00 11,000.00
Drywall Drywall add fire separation between units and garage 1 13,500.00 13,500.00
Tile Labor Tile labor 1 5,750.00 5,750.00
tile materials Tile materials 1 3,000.00 3,000.00
mirrors Mirrors 1 500.00 500.00
shower glass Shower glass and door 1 2,250.00 2,250.00
Bath accessories Bath accessories 1 300.00 300.00
Lighting fixtures Lighting fixtures 1 660.00 660.00
Roofing Roofing 4 1 4,000.00 4,000.00
Excavation Excavation:new utilitiy line trenches,2-egress window 1 25,000.00 25,000.00
well work,concrete cutting,driveways,pond fill in
allowance only)driveway anvils
Site Supervision Site Supervision 240 75.00 18,000.00
Builder Fee Builder fee 1 31,646.22 31,646.22
Add/Alt Add/Alt Sprinkler System Basic bid price$24,565.00 0.00 0.00
see proposal)**
Add/Alt Add/Alt#1 Bid Price:Pump and tank system if not a 2" 0.00 0.00
water supply from the street$4600.00**
Add/Alt Add/Alt Base bid price Fire and Life safety install inc 0.00 0.00
Fire control panel $9736.00**
Add/Alt Optional Security System w/Alarm panel in the 0.00 0.00
mechanical room$9161.00
Preliminary estimate and allowances only
TOTAL 251,000.00
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