HomeMy WebLinkAboutresolution.council.105-14 RESOLUTION # 105
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND PAR ELECTRICAL CONTRACTORS 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 the
Aspen Substation Upgrade and Deer Hill Second Feeder, between the City of
Aspen and PAR Electrical Contractors Inc., a true and accurate copy of which is
attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for the Aspen Substation Upgrade and Deer Hill Second Feeder, between the City
of Aspen and PAR Electrical Contractors 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 the it C nil of the City of
Aspen on the 81h day of September, 2014.
1
to` kadron, Mayor
I, Linda Manning, duly appointed and acting City Cle k 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, September 8, 2014.
Linda Manning, Ci t Clerk
The City of Aspen
CONTRACT FOR CONSTRUCTION CitypmofneysCfCce
THIS AGREEMENT, made and entered into on September 8, 2014, by and between the CITY
OF ASPEN, Colorado, hereinafter called the "City", and PAR ELECTRICAL CONTRACTORS,
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: ASPEN SUBSTATION UPGRADE $ DEER
HILL SECOND FEEDER, 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 FOUR HUNDRED FORTY
FIVE THOUSAND ONE HUNDRED THIRTY EIGHT DOLLARS AND FORTY THREE
CENTS ($445,138.43) 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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. t
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.
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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
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.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
A ESTED BY: CITY OF SPEN, COLORADO
By:
Title:
APPROVED AS TO FORM:
By: �--�
��rney
ATT BY: CONTRACTOR:
By:
Title ���r'id2
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 Colorado )
) SS.
COUNTY OF Arapahoe )
On this 29th day of_ August , 20 14, before me appeared
Jeff- Howard - - - to me personally known, who,
being by me first duly sworn, did say that s/he is Director of
PAR Electrical Contractors, Inc. 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.
otary Publi
725 Tower Road, A 0011
Address •: NoT••.
09/04/2015
My commission expires: 'g Cn• :1>
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�s'o cCLOflADO _.
CC1.971.doc Page 4 ••Cci
Certification and Supplemental Conditions to Contract for Services
Conformance with 0-17.5.101, et seg.
Purpose. During the 2006 Colorado legislative session,the Legislature passed House Bill 06-1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled"Illegal Aliens—
Public Contracts for Services."This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an illegal alien to
perform work under a contract,or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract.The new law also
requires that all contracts for services include certain specific language as set forth in the statutes.This
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
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.
"Contractor"means a person having a public contract for services with the City of Aspen.
"Public Contract for Services"means any type of agreement,regardless of what the agreement
may be called,between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"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.
-----PURSUANT TO SECTION 8=17:5=101,-C.R♦S.,et.-seq.: - --- ---- --- ---
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.
o �
The Public Contract for Services referenced below is hereby amended to include the following terms
and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; 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.
4. 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.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with an illegal alien,Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien;and
(ii) * 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 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.
6. 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.
7. 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.
Public Contract for Services: �CG"f✓1GQ
- PAR Electrical tractors, Inc.
Contractor:
By:
Titl 4a lam' D/!
JPW-saved:12/15/2010-867-M:1 city\cityatty\contmct\forms\certification-hb-06-1343.doc