HomeMy WebLinkAboutresolution.council.068-24RESOLUTION It ZS
(Series of 2024)
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AND STUTSMAN GERBAZ, 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 standard
contract for construction for the Emergency Electric Cable and Conduit
eplacement — Red Bri Rck South Single -Phase Primary, between the City of Aspen
and Stutsman Gerbaz, 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 Standard
Contract for Construction for the Emergency Electric Cable and Conduit
Replacement — Red Brick South Single -Phase Primary between the City of Aspen
and Stutsman Gerbaz, 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. e
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25th day of June 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, June 25', 2024.
Nicole Henning, City C�erk
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CITY OF ASPEN
STANDARD CONTRACT FOR CONSTRUCTION
Project #2024-295
THIS CONTRACT, made and entered into on June 10, 2024, by and between
the CITY OF ASPEN, Colorado, hereinafter called the "City", and Stutsman
Gerbaz 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
not to exceed ONE HUNDRED TWENTY THOUSAND ($120,000.00) DOLLARS
or as shown on Exhibit "A".
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter
diligently and continuously to completion, and in any and all events to
substantially complete the same not later than May 31, 2024, subject to such
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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 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. Contract Documents shall also include General Conditions for
Construction Contracts and Special Conditions appended hereto. However, in
case of conflict this Contract for Construction shall control.
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
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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.
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
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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 that may have accrued against the same by reason of said construction.
If Contractor faithfully performs the obligations of this Contract on its part to be
performed, it shall have the right to refuse to permit occupancy of any structures
by City or City's assignees or agents until the Notice of Completion has been
recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to
mutual Contract of City and Contractor under the provisions of Paragraph 3
above.
14. Indemnification. 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 caused in whole or in
part by, the wrongful act, omission, error, contractor error, mistake, negligence, or
other fault of the Contractor, any subcontractor of the Contractor, or any officer,
employee, representative, or agent of the Contractor or of any subcontractor of the
Contractor, or which arises out of any workmen's compensation claim of any
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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, 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. 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. Commercial General Liability insurance with minimum
combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each
occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate.
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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 TWO
MILLION DOLLARS ($2,000,000.00) 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 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 QQ) 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.
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To the extent that the City's insurer(s) may become liable for secondary or
excess coverage, the City's underwriters and insurers shall have no right of
recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no
recourse against the City of Aspen for payment of any premiums or for
assessments under any form of policy.
Any and all deductibles in the above -described insurance policies shall be
assumed by and be for the amount of, and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work
in connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the
Architect at least fifteen (15) days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Contract or thereafter.
f. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, conditions, and minimum limits shall
constitute a material breach of contract upon which City may immediately
terminate this contract, or at its discretion City may procure or renew any
such policy or any extended reporting period thereto and may pay any and
all premiums in connection therewith. All moneys so paid by City shall be
repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
g. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Termination by the Owner for Convenience.
a. In 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.
b. 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.
c. In case of such termination for the Owner's convenience, the Owner shall
pay the Contractor for Work properly executed; costs incurred by reason
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of the termination, including costs attributable to termination of
Subcontracts; and the termination fee, if any, set forth in the Agreement.
17. 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 15 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.
18. Notices. Any notice which any party is required or may desire to give to
any other party shall be in writing and may be personally delivered or given or
made by United States mail addressed as follows:
To City:
City of Aspen
c/o Erin Loughlin �ilolliconi, P.E.
Aspen, Colorado 81611
To Contractor:
Stutsman Gerbaz Inc.
Shay Stutsman, President
30376 State Highway 82
Snowmass, Colorado 81654
subject to the right of either party to designate a different address for itself by
notice similarly given. Any notice so given, delivered, or made by United States
mail, shall be deemed to have been given the same day as transmitted by
telecopier or delivered personally, one day after consignment to overnight courier
service such as Federal Express, or two days after the deposit in the United
States mail as registered or certified matter, addressed as above provided, with
postage thereon fully prepaid.
19. Inspections; Warranties.
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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.
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.
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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 Vietnam era veteran. The Contractor will take affirmative action to in-
sure that applicants are employed, and that employees are treated during employ-
ment without regard to their race, color, religion, sex, national origin, sex, age,
sexual orientation, handicapped, a disadvantaged person, or a disabled or
Vietnam era veteran. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
Any business that enters into a contract for goods or services with the City of
Aspen or any of its boards, agencies, or departments shall:
a. Implement an employment nondiscrimination policy prohibiting
discrimination in hiring, discharging, promoting or demoting,
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matters of compensation, or any other employment -related
decision or benefit 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.
b. Not discriminate in thek performance of the contract on account of
actual or perce, ived racecolor, relig, ionnational 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 incorporated 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 Contract or the proceeds thereof.
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 a Contract or
understanding for a commission, percentage, brokerage, or contingency fee,
excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Contractor for the purpose of securing business.
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
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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. Waiver and Amendment. It is agreed that neither this agreement nor any
of its terms, provisions, conditions, representations, or covenants can be
modified, changed, terminated, or amended, waived, superseded or extended
except by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal, or
unenforceable it shall not affect or impair the validity, legality, or enforceability of
any other provision.
35. Electronic Signatures and Electronic Records. This Agreement and any
amendments hereto may be executed in several counterparts, each of which
shall be deemed an original, and all of which together shall constitute one
agreement binding on the Parties, notwithstanding the possible event that all
Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work,
and any other documents requiring a signature hereunder, may be signed
electronically in the manner agreed to by the Parties. The Parties agree not to
deny the legal effect or enforceability of the Agreement solely because it is in
electronic form or because an electronic record was used in its formation. The
Parties agree not to object to the admissibility of the Agreement in the form of an
electronic record, or a paper copy of an electronic documents, or a paper copy of
a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an
original.
36. Additional Provision;
in the Contract Documents,
_ In addition to those provisions set forth
the parties hereto agree as follows:
No additional provisions are adopted.
[X] See attached Exhibit A.
herein and
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IN WITNESS WHEREOF, the parties agree hereto have executed this Contract
for Construction on the date first above written.
CITY OF ASPEDL USIIQ9y:ORADO: PROFESSIONAL:
am �. Off
by:
S �/�
[Signature]
Ey:
Title:
Sara G. Ott
City Manager
[Signature]
By:
Title:
1 A429...
shay stusman
President
6/28/2024 � 2:29:05 PM PDT 6/11/2024 16:59:05 AM PDT
Date: Date:
Approved as to form:
DocuSlgned by:
�awt#s Ip, fi►n,u..
artvnv
City Attorneys Office
Standard Terms &Conditions Architectural Services Agreements can be found on city website
https://aspen.gov/1517/Purchasing
JPW-6/10/2024-M:\city\cityatty\arch\ag1-981.doc
Note: Certification of Incorporation shall be
Corporation. If a partnership, the Contract shall
indicate title.
executed if Contractor is a
be signed by a Principal and
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(To be completed if Contractor is a Corporation)
STATE OF )
SS.
COUNTY OF )
On this
to me
personally known, who, being by me first duly sworn, did say that s/he is
of
and that
the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in behalf of said corporation by
authority of its board of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate
first above written.
Notary Public
My commission expires:
CCS-971.doc Page: 14 Updated:l/2024
City of Aspen
West Francis Emergency repair.
Bid Breakdown Qty Unit Cost Unit Xtd Cost Comment
General Conditions
Mobilization
Bond 1 ls @ p/ls -$ Assume no bond
Porta potty delivery and pickup 1 ea @ 200.00$ p/ea 200.00$
porta potty 3 weeks @ 175.00$ p/week 525.00$
Private locates 2 hrs @ 320.00$ p/ea 640.00$
ROW / ENCR Permits Jenah 2 hrs @ 150.00$ p/hr 300.00$
Jenah time 2 hrs @ 150.00$ p/hr 300.00$
Equipment mobilization 1 ls @ 725.00$ p/ls 725.00$
Const staking, surveying for as builts & as built drawing.20 hrs @ 200.00$ p/hr 4,000.00$
6,690.00$
Erosion Control
BMP's 1 ls @ 1,500.00$ p/ls 1,500.00$
No plan assue silt fence and some straw waddles. Total Erosion control =1,500.00$
Traffic Control
Traffic Control / signage/ flaggers 2 days @ 2,212.25$ 4,424.50$
Traffic control plans 1 ea @ 210.00$ 210.00$
signage no flaggers 12 days @ 70.00$ 840.00$
5,474.50$
Removal of Structures and Obstructions
Asphalt removal 1 ls @ 500.00$ p/ls 500.00$
Asphalt milling 24 lf @ 5.00$ p/lf 120.00$
curb and gutter removal 8 lf @ 28.00$ p/lf 224.00$
844.00$
Bid
Trenching and backfill Schedule
Trenching only 100 percent export/class 6 backfill 350 lf @ 262.73$ p/lf 91,955.50$
Conduit
Conduit pvc / sleeves 700 lf @ 12.50$ p/lf 8,750.00$
Asphalt replacement
Asphalt replacement T patch 8 tons @ 442.00$ p/ton 3,536.00$
Concrete replacement.
Concrete replacement 1 LS @ 1,250.00$ p/ls 1,250.00$
120,000.00$
Notes.
Assume that all flagstone will be removed and reinstalled by others.
Existing sod will be replaced by others. We will remove and dispose of the sod.
Existing Pine trees will need to be trimmed not inclued in estimated cost.
Total Mobilization
Total Traffic Control =
Total Demo =
Grand Total
Stutsman-Gerbaz Inc.
30376 Highway 82
Snowmass, CO 81654
970 923-2734
revised total