HomeMy WebLinkAboutresolution.council.013-22RESOLUTION # 013
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AUTHORIZING THE CITY MANAGER TO EXERCISE
ADMINISTRATIVE OVERSIGHT OF CHANGE ORDERS THAT ARE
WITHIN THE APPROVED 2022 BUDGET FOR CITY PROJECT #51133 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE
ORDERS ON BEHALF OF THE CITY OF ASPEN COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
construction of waterline infrastructure on Hunter Creek Rd., between the City of
Aspen and The Aspen Digger, Inc., in the amount of 296,504.65 (Reso. #009 of
2022).
WHEREAS, City Council has determined it is in the best interest of the City
of Aspen to authorize the City Manager to exercise administrative oversight of
change orders for an amount not to exceed $66,226.23 and execute said change
orders on behalf of the City of Aspen, Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen does hereby authorize the City
Manager to exercise administrative oversight of any change orders for an amount
not to exceed $66,226.23 and execute said change orders on behalf of the City of
Aspen, Colorado.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25' day of January, 2022.
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, January 25`h, 2022.
Nicole Hennin , City Clerk
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CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on January 11th, 2022, by and between the CITY
OF ASPEN, Colorado, hereinafter called the "City", and THE ASPEN DIGGER, INC.,
hereinafter called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: 2021-219:Red Mountain Water System
Improvements, and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and
as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract for Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice to Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed TWO HUNDRED NINETY SIX
THOUSAND FIVE HUNDRED FOUR AND 65/100 ($296,504.65) DOLLARS or as
shown on the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
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Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract for Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract for
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract for Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract for Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this Contract
for Construction, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
13. This Contract for Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract for Construction.
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract for Construction, represents that he/she is an authorized
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representative of the Contractor for the purposes of executing this Contract for
Construction and that he/she has full and complete authority to enter into this Contract for
Construction for the terms and conditions specified herein.
15. 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.
16. Worker Without Authorization — CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a "worker without authorization"
which is defined as an individual who is unable to provide evidence that the individual is
authorized by the federal government to work in the United States. As amended, the current
law prohibits all state agencies and political subdivisions, including the Owner, from knowingly
hiring a worker without authorization to perform work under a contract, or to knowingly contract
with a Consultant who knowingly hires with a worker without authorization to perform work under
the contract. The law also requires 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.
Definitions. The following terms are defined by this reference are incorporated herein and in
any contract for services entered into with the Owner.
.1 "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security
and the social security Administration, or its successor program.
.2 "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
.3 "Public Contract for Services" means this Agreement.
.4 "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant
not involving the delivery of a specific end product other than reports that are merely incidental
to the required performance.
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.5 "Worker without authorization" means an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time:
1. Consultant shall confirm the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services; and
2. Consultant has participated or attempted to participate in either the e verify program or the
department program in order to verify that new employees are not workers without authorization.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in either
the e-verify program or the department program.
4. Consultant shall not use the either the e-verify program or the department program
procedures to undertake pre -employment screening of job applicants while the Public Contract
for Services is being performed.
If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant 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.
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If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant's violation of Subsection 8-17.5-102, C.R.S.
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.
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.
17. 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.
18. 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.
19. 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 grounds 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.
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ATTESTED BY;
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APPROVED AS TO FORM:
By:
City Attorney
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CITY OF ASFENPOCbEOPZADO
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By:
Title: Acting City Manager
By: _�Ai6 I N EnNi,
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General Conditions for Construction Contracts and Special Conditions can be found on City of Aspen Website.
https:/: wNvw.cityofaspen.com/497/Purchasing
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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