HomeMy WebLinkAboutresolution.council.125-14 RESOLUTION # 125
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND GH DANIELS III & ASSOCIATES, 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
landscape maintenance services for Burlingame Ranch Phase II A&I and
Buildings 1-4, between the City of Aspen and GH DANIELS III &
ASSOCIATES, 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 landscape maintenance services for Burlingame Ranch Phase II A&I and
Buildings 1-4, between the City of Aspen and GH DANIELS III &
ASSOCIATES, INC., a copy of which is attached hereto and incorporated herein,
and does hereby authorize the City Manager to execute said agreement on behalf
of the City of Aspen. Further, the execution of the contract, attached hereto, is
conditioned upon the execution of a memorandum of understanding by GH
Daniels III & Associates, Inc., (GHD), Haselden Construction, LLC (HCL) and
the City of Aspen regarding the relationship and transfers of the contracts
obligations of GHD and HCL for landscaping, with such memorandum of
understanding approved by the City Manager and City Attorney.
INTRODUCED, READ AND ADOPTED b ;the ity Council of the City of
Aspen on the 13th day of October 2014. /
L
St ven Skadron, 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 October 13, 2014.
Linda Manning, Ci y Clerk
Exhibit A: GH Daniels Landscape Maintenance Contract
THE CITY OF ASPEN
CONTRACT FOR CONSTRUCTION (short Form)
THIS CONTRACT, made and entered into on October 13, 2014 by and
between the CITY OF ASPEN, Colorado, hereinafter called the "City", and GH DANIELS III &
ASSOCIATES, INC., 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 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 per 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 per Exhibit A,
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
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
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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, 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.
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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 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
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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. 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 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
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($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 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) 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.
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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.
15. 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.
16. 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:
The City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5055
c/o Jack Wheeler
P: (970)429-1790
E:jack.wheeler @cityofaspen.com
To Contractor:
GH DANIELS III&ASSOCIATES, INC.
140 GH Daniels Blvd, Gypsum, CO 81637
c/o Jody Daniels
P: 970.524.5010
F: 970.524.4006
E: Jody @thelandscapecenter.com
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 email, telecopier or delivered personally, one day after
consignment to overnight courier service such as Federal Express, or two days after the deposit in
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the United States mail as registered or certified matter, addressed as above provided, with
postage thereon fully prepaid.
19. 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.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to be entered
into by City).
20. 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.
21. 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.
22. 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.
23. 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.
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24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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 Viet Nam 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 Viet Nam 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.
31. 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.
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32. 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 an 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 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.
33. 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.
34. 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.
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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.
"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.
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(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:
(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.
CC5-971.doc Page:11
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
ATTESTED BY: CITY WSPEI OLOR ADO
By:
Title: C• y 1,7
APPROVED AS TO FORM:
City ttorney
ATTESTED BY: CONTRACTOR: �' � �
By: . L
Title: "(Ioz
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.
CCS-971.dac Page: 12
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF
/ ) SS.
COUNTY OF �f /4;� )
On this Ok day of 1QC7&&=-:e 20 IV , before me
appeared
�C 17V/ �114 1&�S1WV to me personally
known, Who, being by me first duly sworn, did say that s/he is
j�rzo/`a2 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
r
Address
My commission expires: 07 *?-Z �oiS
LYDIA I LUDEWIG
Notary Public
State of Colorado
CC5-971.doc Page: 13
CArilt5l l f'\ rage I
A PROPOSAL AND ACCEPTANCE
�4''`
GH DANIELS III & ASSOCIATES, INC.
140 GH Daniels Blvd, Gypsum, CO 81637
Telephone:970.524.5010 Fax: 970.524.4006 E-mail:mail(&thelandscapecenter.com
To: City of Aspen Date: September 1,2014
Attn:Jack Wheeler Contact: Summit Property Management
Contact info:jack.wheeler a-cityofaspen.com
Office(970)429-1790/Mobile(970)456-6470/Fax(970)544-5378
130 South Galena Street,Aspen,CO 81611 Job Name: Burlingame A&I&Vertical Landscape
In accordance with the attached detailed scope(per Burlingame contract documents)we hereby submit specifications for landscape
maintenance for years August 1,2014-October 30,2016,as follows:
Bluegrass sod Lawn Care Program:
See attached schedule.
Any need for insecticides or fungicides shall be an additional cost to the owner. With good cultural practices and regular maintenance,the
use of pesticides will be minimized.
�i
Fescue sod Lawn Care Program:
Cut back all fescue sod in. See attached schedule.
i a
Native Grasses Program:
Re-seed as needed to fill in non-germinated areas. See attached schedule.
Detail Program-Care of Trees,Shrubs,Beds and Peripheral Areas: it
A specific amount of time will be budgeted to prune smaller trees(to 15')and shrubs in late winter/early spring and as necessary through
the season. Whenever possible natural pruning techniques will be used;the shaping of shrubs will be considered a last resort. Maintain
perennials and cut back at the appropriate time. Shrubs and trees will receive the following plant health care schedule with two(2)
applications throughout the year. The applications are as follows: (1)a fertilization in the spring and(2)preventative insecticide and
disease applications throughout the summer. Maintain plantings in close to weed-free condition by use of appropriate and safe herbicides.
Post emergent weed control weed control in mulch,gravel areas only.Winter watering as needed. See attached schedule.
Sprinkler System Maintenance Program:
Start up system in spring and check bi-weekly throughout season for proper operation.Program the controller for correct amount of
watering and adjust as weather conditions change. Clean and adjust heads when necessary. Damage by others,snow removal,acts of God
to be repaired on a T&M basis(see T&M attachment)as approved by Summit Property Management. Winterize system in fall.
i
Emergency contact number:
Office: 970-524-5010 it
Supervisor: German Caraveo 970-904-2516
Operations manager: Manuel Caraveo 970-904-2515
Maintenance Supervisor: Josh Umberger 970-210-9455
Payment as follows
See attached schedule for monthly payment
*Payable as follows: Will bill beginning of each month. Payment to be received within 10 days. Interest at 1.5%per month will be
applied to past due balances. Services will be discontinued with accounts over 45 days late. Re-starting services will incur additional fees
Authorized Signature:
GHD Representative
ACCEPTANCE OF PROPOSAL
Date: Signature: Signature:
rZAN101 i H rage z
Retail&Wholesale Garden Centers/Nurseries•Custom Growing
8 Landscape&Maintenance Contracting•Design/Build
9 `C ASSOtlAiED WIDE CONTRACTORS OF COLORADO•COI.OPA00NUtSERIB O CTOREOUS—TIT.
atey -EFFCAN NORGEM B 1H.—IF �F-FESS —IANO.SCARE NETWgtH
September 1,2014
To' City of Aspen Property Manager: Summit Property Manager
Contact Information:
From GH Daniels III&Associates,Inc.
Contact Toby Daniels,Business Development
970-904-2514 mobile 1
toby @thelandscapecenter.com
RE August 1,2014-October 15,2016-Landscape Maintenance @ Burlingame Unites 1-4 and A/I
2015&2016 Full Season
2014 adjusted based on Aug 1 start May June July August September October
Services Week 1 Week 2 Week 3 Week 41 Week 1 Week 2 Week 3 Week 4 Week 5 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week Week 1 Week 2 Week 3 Week 4 Week 5 Week 1 Week 2 Week 3
_ -.
Trees,Shrubs&Plants.
Prunin/CuI Ii tin/Weedln x x x x x x x x x
Fertilize/In...uode x x
Winter Watering(lvhen dry)
Native Grasses&Wildflowers
Weed/Control x x x x
Fertilize x x
Re-seed as needed to fill in non-
germinated areas
Mowing x
Aerate 2016
Weed/control
Fertilize x x x
Mowing/Trimming(every+/-10 days) x x x x x x x x x x x x x x x x
Aerate 2016
Weed/control
Fertilize x x x
Activation(spring start up) x x
Checks x x x x x x x x x
Winterization x x
Qualifications:
1)Service days may fluctuate due to weather delays.
2)Summit Property managers to be notified of any changes in schedule
Options to consider(not included in the original specs which GHD providing pricing for):
1)Bi monthly debris removal from landscape beds and peripheral areas performed from May-October at a lump sum cost of$2880/maintenance season.
2)Additional mowing of Fescue grasses other then the one mowing in October will be at a price of$1,400 if at 8"+,less then 8",$1,200.
If less then 6",$900.This is due to height will have to be mowed twice to achieve healthy lawn.
3)Aeration of bluegrass sad in 2016 would cost$950.Aeration of fescue grass would be$1,125.
4)Apply pre-emergent as needed at a cost of$0.15/sf.Area to be determined based on need.
A&I-Payments:
August 2014-October 2015(9 months)
Year 1 TOTAL:$8,000- $888.89 per month for the months of August,September&October,2014 and May-October,2015
May 2016.October 2016 16 months)
Year 2 TOTAL:$12,000- $2.000 per month for the months of May-October,2016
Vertical-Payments:
August 2014-October 2015(9 months)
Year 1 TOTAL:$17.000- $1,888.90 per month for the months of August,September&October,2014 and May-October,2015
May 2016-October 2016(6 months)
Year 2 TOTAL:$18.000- $3,000 per month for the months of May-October,2016
CORPORATE OFFICE
GX DANIELS IIIBASSOCIATES,INC.
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THE WIDBCARECENTER dG—d.1—b n THE LANDSCAPECFNTEN aI Gr .
2523HIgHCa qCt.Grano CO n501 Idp GH OaniNS aW_Gp 00816)7
19701241-0297 Fm19701241(338 (97015tL5010 Far 07DI524n0D6
CArllbl i H rage .5
M THE LANDSCAPE CENTER
(A DIAe'ron of cH Daniels III Assodatas,Inc.)
TIME MATERIAL RATES
4 i 252]High Country CoW•Grind Jancllon,CO.150t 140 GH IN-,BIM e G
�tla� 19101241429]•Fae 19101't4t-0138 ypwa.CO at6JT
mail®0mlandswpewnler wm 19]0)5245010•Fm(970)5244996
madq$mdendswlwcenler cam ✓nces attractive 411/LU14 and are sublKl 10 cnanqe.
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To: Date a1 Order:
Atrn: TSM Rate Eapirallan Dare'.
Email: Budget Not to F.—d!'.
Address: Service Address'.
Scope of work&special Instructions details:
Landscape Construction DMabn
X H.. TLC Description Hr.Rate Amount
Landscape Architect/Project Mgr. $70.00 $ -
-ry UNIT SIn MATERIAL PigCE AIAOUNT
Su Inteadent $65.00 $ -
Foreman $50.00 $ - $
Sprinkler Technician 60.00
Labor-skilled 45.00
Labor-trainin rs-) $36.00
Maintenance&Enhancement Division E $
x Hr.. TLC Desch tion Hr.Rate Amount $ $
OTy UNIT SIZE OTHER CHARGES RIDGE AMOUNT
•Turf Applicatm L42.00 $ -
•Weed Control icatm $ - $ $
•Tree/Shrub Applicator $ - E $
Tree/Shrub Pruning $Foreman $
Detail Labor w/no equipment 35.00 $
LABOR He, RATE AMOUNT
Irrigation Pumps S 70.00
Ira ation Technician $60.00 $ E
Inigation Labor $42.00 $ - $ $
Low Voltage Liathfing Technician $60.00 $ - $ $
Water feature Technician $60.00 $ - $ $
Qualifications: TOTAL LABOR $
•
All metenels end taxes w l ee bead m.adman r9 the--as• TOTAL MATERIALS $
All,ales wet ee charged by In.hourly rare aW--19 end tram site with a one hour rr,--charge. TOTAL OTHER $ -
All lab«hours mast mdud.at least(1)1—wage rate t0 ewer(luck for each(2)mat craw TAX $
TOTAL E
By signing this agreement,customer acknowledges rates&commitment to pay.
TLC REPRESENTATIVE SIGNATURE DATE OWNER OR REPREa—ATME BIG—RE DATE
a mnl nmpa avne rwe meeNw mmw W e�rwnrmaeMO im Pam+emo m wr wX.M wmnJ VmM1n w�rdYmnu G�wnmm mwYriNe Iw tr+aeW amw
r-AM 511 H rage ,+
GHDaniels-Burlingame Maintenance Fee Schedule
Aug-14 Sep-14 Oct-14 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Oct-15 May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Total
Access Infrastructure 889 889 889 889 889 889 889 889 889 2,000 2,000 2,000 2,000 2,000 2,000 20,000
Vertical 1,889 1,889 1,889 1,889 1,889 1,889 1,889 1,889 1,889 3,000 3,000 3,000 3,000 3,000 3,000 35,000
2,778 2,778 2,778 2,778 2,778 2,778 , 2,778 2,778 2,778 5,000 000 5,000 5,000 5,000 5,000 SS1000