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HomeMy WebLinkAboutresolution.council.031-24RESOLUTION # 031 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND E LIGHT ELECTRIC SERVICES, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for the construction of electrical infrastructure at the City's Puppy Smith Switch Station in Aspen, between the City of Aspen and E Light Electric Services, 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 construction of electrical infrastructure at the Puppy Smith Switch Station in Aspen., between the City of Aspen and E Light Electric Services, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12L day of March, 2024. 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, March 121h, 2024. DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D CITY OF AQVrM" �wF � Project #20;2;.3;m436 `f G-IflS CC�fVTI?ACT, made and entered into on March °112tI'7 ; 0241 by and between the CITY OF ASPEN, Colorado, hereinafter called. the "City", and Light Electric Services 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: �. 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, located at 219 Puppy Smith St. Aspen, Colorado 816101, as described in the Scope of Wort < and/or- Proposal appended hereto as E)(hibK 66A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specificafiions, Compliance with Laws. Tl�e 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 Five Hundred fifty -Eight Thousand, Six Hundred EightyJwo Dollars and TwentymFive cents ($558,682.25) DOLLARS or as shown on Exhibit LLA!!. . 4. Commencement and Completion. Contractor agrees to commence work hereuncler irnmediately upon execration hereof, to prosecute said worlt thereafter diligently and continuousl�� to completion, and in any and all events to substantially complete the same not later than June 30th, 2024 subject to such �'�' �-y% r .(101' pil�rt: I UpdfllrCl: l!202# DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D elays as are permissible under the "Extension of Time for Completion" section •f this Contract. i�alrrlent OT is r r on ♦ promptly abills and charges for material, labor, machinery, equipment or any other service or facility used in connectionor arisingout of • Project and obtain erlodic releases from all subcontractors and material suppliers supplying labor Dr materials to the Project • • • • any payment • such subcontractorsand r r suppliers.• •r shall Indemnifyr • iold City and City's officers, employees, agents, successors and assigns free r • harmless against r expensesand r • • `• or `• in connection ContractorNith the claims of any such subcontractors or material suppliers, including but not imited to court costs and attorney's fees resulting or arising therefrom; provided hat be excused fromobligation t! the extent that City is in 3rrears in making the payments to Contractor, Should any ` or r of )e filed of record against the Property, or should Contractor receive notice of any it • bill or r •' in connection• i of Project, provided the iforementioned liens,of or i •• not followbeing in arrears making payments to Contractor, Contractor shall immediatelyeither • . . • ischarge the same r • cause the same to be released of • • or ,I ith the proper indemnity either by title policy or by corporate surety bond in he amount of 150% of the amount claimed pursuant to such lien, Receive any payment due, . toCity allreleases obtained • ubcontractors and material suppliers and copies of all bills paid to such date, roperly recelpted and identified, covering work done and the materials furnished 0 son o the Project and showing an expenditure of an amount not less than the total of r previous payments made • ' by City to Contractor, • r ! � ! rf i r • ' ••f ♦ • nother. Contract• r r •includeGeneral• • • for m"Ronstruction Contractsand Special Conditionsappended hereto. However, ase of conflict this Contract for Construction shall control. )missions from• or • • • • ! ' of •shall • ` at i • • do so, and ' same shall in no way affect or s • this Contract; but the )mount thereof shall be added to or deducted, as the case may be, from the )ayments set forth in Paragraph 3 above by a fair and reasonable valuation, )ased upon the actual cost of labor and materials, plus 10% of that cost. This ./ontract shall be deemed to be completed when the work Is finished in ccordance with theonginal, Proposal.orof • `! or i! '! • a whatever .. nature extent. r. .. a ♦ • of Ahatv upon the Iractice to be observed in fulfillment Iof, this paragraph shall be emand of either City or Contractor the character and, valuationof any or a[ • • omissions may be the, or • be CCU-971.�I�c Page: ? Ul�date�1:112024 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D 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 commence 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. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor, Any termination for Contractor's failure to perform executed by the City which is later determined by a Court of Competent Jurisdiction, or an Arbitrator as being wrongfully or erroneously executed shall immediately be changed to a termination for convenience and the Contractor shall be compensated in accordance with Paragraph 16 of this Agreement in addition to Contractor's reasonable and demonstrable costs of dispute resolution. 10. Fxtension 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. In such event, Contractor is entitled to a fair and reasonable addition to the sum set forth in Paragraph 3. � 1. Unforeseen Conditions.: It is understood and agreed that Contractor, _ _ . ; :: before incurring any other -expenses. or purci�asing : �r�y. other materials for: the, Project, shall proceed :to inspect the .work site amend all visible. conditions and that if, at the time of -inspection therefor,,the Contractor �fihds that..the.woposed work is at variance with the conditions indicated -by th-e Proposal, Scope',of �l/ork,, or_ information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from CC5-971.doc � — Page: 3 '� Updated: l i2Q24 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D haracter provided tor 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 he right and option to immediately cancel and terminate this Contract or to instruct Contractor •ntinue the work and add the additional -amount ttributable to such unforeseen• i i r the payments due Contractor as orth above. ection,• •r shall be paid the actuali of ' work done prior to the ` of •n. In computing such costs,building permit fees, nd such financing and title charges as are not refundable shall be included. 3upervision time, office overhead and profit shall be included in such costs to be efunded to Contractor by reason of such cancellation, mprovements or part thereofbe construed as an acceptance of vork done up to the time of such payment or occupancy, but the entire work is to e subject to the inspection and approval of City at the time when Contractor otifies City r the Project ! been r completed. - • days after` substantial completion r • acceptance of e �Iroject ! Notice of • •^ • to so record the Noticeof • • i vithin said five (5) day period, City hereby appoints Contractor as City's agent to ign and record such Notice of Completion on City's behalf. This agency is • • ! • • ••` • i • r .• •• ` ` • of final payment to release rr a the Project and property r r ♦ • all laims that may have accrued against the same by reason of said construction, Contractor ! performs th' obligations of • ! on part • be •erformed,it shall have the rightto refuse to permit occupancy of ' •y City or • -- or agents until the Notice of i • • been Pecorded and Contractor has received the payment, if any, due hereunder at ompletion of • •n, less such amountsbe retained pursuant to nutual Contractof s • Contractor under the provisions of Paragraph ri• 14. Indemnification. Contractor 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 causedJn whole or in part by, the wrongful act, omission, error, tcontractor error, mistake, ;.negli once, or other fault of: the Contractor, . any subcontractor -,of the. Contractor,t; ors zany officer, employee, representative, or Magent of the ,�Coritractor or:of any subgoontractar�.of:the Contractor, or -which arises out of any workmen's compensation claim of: any y` r 3 C'C'S-971.doG Pale: �l _- Upil�tt�d:li'?t?2�1 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor 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 Contractor, 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 Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 15. Insurance. a. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, ortypes. 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 to 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. Worker'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 ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1 000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for, the Worker's Compensation requirements of this paragraph. . 2 o , Commercial Genera/ ,,- Liability.. -insurance � with - mtnirum -.... combined -single limits, of ONE MILLION..DOLI�A�S:-,{$1;g00yg.QfloO}._:each. occurrence and TWO MILLION DOLLARS {$2Q0.0100.0:00}aggregate., rThei olicY � . shallrbeftapplicable -to all-premisesop p � : and�erations: The- ©licy , , ._=: - . p. . CCU-971:doc Pages 5 Upr3ate�i:112024 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D includehall coverage for bodily injury, broad form property damage ncluding completed operations), personal injury (including coverage for ontractual and employee" . independent ontractors.,products, and • • ` `• operations,policy shall include overage for explosion, collapse, and underground hazards, The policy shall ombined singlelimits forbodily injury and property damage of •t less than NE MILLION DOLLARS +r Iii 0i !!) each • r with respect fr to Lach Contractor's owned, hired and non�owned vehicles assigned to or r! in performance •r of policy shall• w r severability ;f interests provision. If the Contractor has no owned automobiles, the E)quirements of this Section shall be met by each employee of the ontractor providing services to the City under this contract. or policies required above shall be endorsed to include the City of Aspen i the City ofAspen'sofficers• employees as additional insureds. policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or camed by or provided through r insurance pool of of Aspen, shallbe excess i • i ` i • i i'• • i . i • ii i ^• endorsement to ` policy required above shall • r a ' • • bodily injury or property damage arising from completed operations. The Contractor shall b' solely responsible for any deductible • `under policy required above, • ME agent as 114encerl o5cies•rovi• • required coverage,w and minimum limits are force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of • r No other • of rshall be used. affordedThe certificate shall identify this contract and shall provide that the coverage under the policies i be w ' `• terminated or w ' 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; insurance policies • effected r shall,protect all pairtiess • be i w coverage for any. and .all losses covered by the above -described lns:urance. To the extent that the, Cit ';s#nsu�er :ma become. liable for secorada Y �) Y ryIor CC5-�71.doc P���e: 6 tlpd�tecL; ii20?4 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D 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 orthereafter. f. Failure an the part of the Contractor fio 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. g. City reserves the right to ,request and receive a certified copy of any policy and any endorsement thereto. 16. a. i� Termination by the Owner for Convenie Ira addition to the provisions of termination set. forth in the General Conditions, the Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall (1) cease operations as directed by the Owner in the notice. (2) take actions necessary, or that the Owner may direct, for the protection and preservation of the Work. and (3) except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no .further subcontracts and purchase orders. In case of suc, ch`.termination. for the Owner's convenience, the Owner shall pay the Contractor -for Work ,properly executed- including the proportionate amount of ov' orhead:t- end:..profit, = posts z, incurred by-...reasbn d of:- ;the .: termination, including costs attributable, -to �termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. GCS-y7l.doc Page: 7 Updated:112024 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D i - •.- i r11 Mon. it r Toject is destroyed am..® r. or damaged wlr i.. any iccident or disaster, such as fire,'storm, flood, landslide, earthquake, ubsidence,or .ndalism, any work done by intractor in rebuilding or r . i ! the workbe paid forby extra workParagraph 8 bove. If, however, the estimated cost of replacement of the work already ompleted by Contractor exceeds twenty (20%) percent of the insured sum set orth in Paragraph 15 above, City shall have the option to cancel this Contract nd, in such event, Contractor shall be paid the reasonable cost, rofit to Contractor in the amount of ten (10%) percent, of all work performed by 'ontractorbefore such cancellation, ny other party shall be in writing and may it personally delivered or or nade by United States mail addressed as follows: To City: City of Aspen To Contractor: E Light Electric Services, Inc. Ted Smith 36'1 Inverness Drive South, Suite �- ` raw 1 ` i ! _ _ w ! i • _w ., . i r .. �ii ., ! - i nail, shall be deemed to have been given the same day as transmitted by elecopler or delivered rrri personally, • ` day after consignment to overnight i ervice such as Federal Express, or two days after the deposit in the United 3tates mailas `! 're or 'i matter,addressed as above provided, •ostage thereonprepaid. 'i9. Inspections; Warranties.,.''.,, ;. a. Contractor shallconduct an inspec,bon of.the Project prior, �o.final acceptance ... of the work with City; ; I :., CCU-97 t.tlu� P3�e: � �Jjxiate�l: I!'?(i?4 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D 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 r-eim*bursed or otherwise- paid to Contractor. c. Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 2D. Licensure of Contractor. Gontractor 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 Contracfi 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. - 24. Entire. Contract, This Contract contains theentire Contract between City and Contractor respecting the matters set forth herein and. supersedes all prior Contracts between City and Contractor respecting such matters. ity or Contractor of any default by the tither or of 25. Waivers. No waiver by C any event, circumstance or: cordition:.permitting.itler. to terrninte.:th�rContract' shall constitute a waiver -of any other, default or other such event,' circurnstarnce4or CC5-971:doc Page: 9 Updated: l 12()2 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D whether •. " .' or of r other nature or • a and whether • receding, r concurrent succeeding; s no failure or delay by either or ,.#ontractor to exercise any right arising by reason of any default by the other shall revent h exercise of while a defaulting party continues a • a nd no waiver of any default shall operate as a waiver of any other default or as modification of this Contract. • r -• i i - • aI i au i ! - atj i Mi 'ontract shall be exclusive of any • i" remedy herein or o • •h or ;ermitted, but each shall be cumulative and shall be in addition to every other r h • ccordance with, the laws of - State of • i i Venue for anyactionat law a equity shall be Pitkin County. • 1 � a. a i it • • � r . . • • roceeding to enforce any right, remedy or provision contained in this Contract, he ` • party in such action. be entitled to receiveits attorneys' is s in onnection with such action from the non�prevalllng party. noperative, unenforceable or invalid shall be inoperative, unenforceable or 11 a • • . • • • r ! • ` i • • i � a i • � i ` •� • r • • a . i igrees as To5ows.i . iir Wi notdiscriminata against yf employee " or applicant for employment because of race, color, religion, sex, national origin, age, narital status, sexual orientation, being handicapped, a disadvantaged person, or Jisabled or ` ♦ era veteran,` Contractor take affirmative actionto without irI wre that applicants are employed, and that employees are treated during employIIIIIo nent • • . • to theirr - color, religion, sex, national origin,• exual orientation, . i ri•`• . disadvantaged person,or r disabled or yr" `ra veteran.action i" but • be limited to, the following: mployment, upgrading, demotion •recruitment•recruitment . • - •; layoff or i of pay or other formsof i •` . • election fortraining, including apprenticeship. The Contractoragrees • post in onspicuous places, available • employees . • applicants• • • otices to be provided ` a forth the provisionsof • i • clause, Any business that enters into a contract for goods or -services with the City of Aspen or any of its boards, agencies, or departments sha(I: a. Implement an employment nondiscrimination, policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other i mpfoyment,4 lated docision or benefit on account- dt botu 1 or der c ive r,dce, icoIolI religion national origin, gender, physical or mental disability, age, military cC_y7r,doc Paec: I() _ _ Upclat�cl:11?0?4 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D status, sexual orientation, gender identity, gender expression, or marital or familial status. b. Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, 'gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The foregoing provisions shall be incorporafied in all subcontracts hereunder. 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 Contractor the proceeds thereof. 32. V ! nterest: ainst Contingent F s it or a. The Contractor warrants that no person or selling agency has employed or retained to solicit understanding for a commission, excepting bona fide employees or secure this Contract upon a Contract m been .percentage, brokerage, or contingency fee, 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 ,ap.propriation-r:of funds;by .skid governing body and that before providing services, the Contractor, it it ,so .requests,. will ibe advised as to the status of 7funds appropriated for services or materials. -arid shall CC�-y7l.doC P3az: � I Llpdated:l!2024 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D net be Obligated to provide Services or materials for which funds have net been ppropriete. • 7mencoment._- • - • r any •f its terms, provisions,or covenants can be nodifled, changed, terminated, or amended, waived, superseded or extended xcept by appropriate written instrument fully executed by the parties. i - • • • .• '- ' i- • .. • -all 111f nenforceable it shall not affect or impair the validity, legality, or enforceability of ny other provision. amendments• may be executed in several ci •. each of agreement binding on the Parties, notwithstanding the possible event 3hall be deemed an original, and all of which together shall constitute one t all Parties r not have signed ' same counterpart.' each ..onsents to the use of electronic signatures by either Party. The Scope of Work, r • any other documents • i r signature hereunder,may be signed lectronically in the manner agreed to by the Parties. The Parties agree not to Jeny the legal effect or enforceability of the Agreement solely because it is in . ., • • • •_ r _ • • ^i • • 21arties agree not to object to the admissibility of the Agreement in the form of an - .lectronic record, or r paper c• • of an electronic documents, or ♦ paper c• • of document bearing electronic signature, ontheground that electronic - i i orelectronic signature orthat it is not in its original form or • • riginal. IMSIi• •. •` • • --as Toil• DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. CITY 01= D ul�;t,gn�d�V:LONAUU: SamL$0* OMMMAEE1449R [Signature] y: Sara G. Ott Q Title: City Manager [Signature] By: PROFESSIONAL: David Wright Title: Chief kevenue Officer Date: 3/13/2024 I 12 : 29 : 37 PM PDT date: 02 4 Approved as to form: DocuSfgned by: LG0A40rA505C4BDIII fivut, City Attorney's Office Stanciarcl Terrns e Conditions architectural Services Agreer��ents c7n be Found oi� city weusite hops://aspeii.gov/ 1517/1-fl.111 r asinn JPW-2/13/2024-Nl:lcitylcityattylarcli\ag 1-981.doc Note: Certification of Incorporation shall Corporation. If a partnership, the Contract indicate title. be executed if Contractor is a shall be signed by a Principal and CCS-�)71.doc Pace: 13 Uhdalect; l /2Q?4 DocuSign Envelope ID: A36COE59-4C34-4A32-8238-BOBFC8938A1 D • • « 411111111111 A If • of • STATE OF } ) f ) )SS* ®n this day U1 me appeared �fte �Irst duly of SwernI did to me Say that s/he is hat said instrument was signed and sealed in behalf of said corporation by I its board of directors, and said deponent acknowledged said nstrument to be the free act and deed of said corporation, a! I M UWATIM` IfIRM"o 1 41 w CCU-97(.cloc Pa��: !4 [,lpcirlted:lf2i12�1