Loading...
HomeMy WebLinkAboutresolution.council.027-25RESOLUTION #027 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ROOFMASTERS ROOFING & SHEET METAL CO. 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 Construction services, between the City of Aspen and Roofmasters Roofing & Sheet Metal Co. 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, Red Brick Gymnasium Roof Replacement and Repair project between the City of Aspen and Roofmasters Roofing and Sheet Metal Co. 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 / day of .-2025. 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 adoed by the City Council of the City of Aspen, Colorado, at a meeting heldr. A 2025. Nicole Henning, City (�lerk Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D 64 14 t4 10k CITY OF ASPEN STANDAR® CONTRACT FOR CONSTRUCTION Project ## 2024433 -- CS1363033 THIS CONTRACT, made and entered into on the 10th of February, 2025, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Roofmasters Roofing & Sheet Metal 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 ($494,300.00) DOLLARS or as shown on Exhibit "A". 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execufiion 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 June 25th, 2025, subject to such delays as are permissible under the "Extension of Time for Completion" section of this Contract. Page: 1 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACES-9D5F8310CC3D 'Fayment 3T Dilis ang Unarg s. Uontractor shall pay promptly all valid bills ind charges for material, labor, machinery, equipment or any other service or acility used in connection with or arising out of the Project and shall obtain )eriodic releases• • • material suppliers•• • labor •r materialstotheProject Contractor's delivering anypayment o such subcontractors and material suppliers. Contractor shall indemnify and o • City and officers,• --agents,- andassigns -- makingnd harmless against all expenses and liability suffered or incurred in connection vith 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 Contractor shall be excused from this obligation to the extent that City is in ^ • •Contractor.Should .liens• of e filed of record against the Property, or should Contractor receive notice of any npaid bill or charge in connection with construction of the Project, Contractor hall immediately either pay and discharge the same and cause the same to be eleased of record, or shall furnish City with the proper indemnity either by title olicy or by corporate surety bond in the amount of 150% of the amount claimed •ursuant to such lien. 'eceive any payment due, furnish to City all releases obtained fro ined frol ubcontractors and material suppliers and copies of all bills paid to such dat . roperly receipted and identified, covering work done and the ls furnishee o the Project and showing an expenditure of an amount not less than the total 11 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 agreed upon and fixed in writing, signed by City and Contractor, prior to performance. Page: 2 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D 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 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 Page: 3 Updated:l0/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D ne • ano option to immecliately cancel• -rminate Mis Uontract or • nstruct Contractor to continuethe work and add the additional amou ttributable to such unforeseen conditions to the payments due Contractor as s orth aWove. ection, Contractor shall be paid the actual costs of the work done prior to the of cancellation, In computing such costs, building permit fees, insurance •.. such financing r • title charges . are not refundable shall be • • costsrovided that supervision time, office overhead and profit shall not be included in to be refunded to Contractor by reason of such cancellation. mprovements or any part thereof shall be construed as an acceptance of any vork done up to the time of such payment or occupancy, but the entire work is to •- subjectto the inspectionand approvalof City at the time when • • otifies 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 employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to, and to Page: 4 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D 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. 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 Page: 5 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D ontractual and employee R blanKet contractual,•-p- •_ ontractors,products, and completed operations.policy shall includi overage f• explosion, and u a riderground hazards.policy IYU Al• _ i •I •� •I I I %"> M I CA I I %�%� 4W ILI I I "" '"; ' ombined single limits for bodily injury and property damage of • •NE MILLIONDOLLARS 011 ill /1 occurrence and TW I ILLION DOLLARS ($2,000,000.00) aggregate with respect to eac ontractor's owned, hired and non�owned vehicles assigned to or used erformance of the services. The policy shall contain a severability terests provision. Contractor no owned automobiles, • _ of • be met by of ontractor providing - • the City undercontract. or policies required above shall be endorsed to include the City of • • the City of •- officers and 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 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 • the policy required above shall containexclusion for bodily injury or property damage arising from completed operations. Contractorbe solely responsible for any deductible losses•policy required above, - 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 (301 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. Page: 6 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D The insurance companies issuing the recourse against the City of Aspen for assessments under any form of policy. policy or policies shall have no payment of any premiums or for 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 of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. Page: 7 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D 'Bramage or�M;estruction. It the ?Rroject IS destroyed or damaged by an ccident or disaster, such as fire, storm, flood, landslide, earthquak ubsidence, theftor •.lism, any work done by • or in rebuilding • estoring the work shall •^paid for by •rk under Paragraph ibove. if, however, the estimated cost of replacement of the work alread ompleted by Contractor exceeds twenty (20%) percent of the insured sum s orth in Paragraph 15 above, City shall have the option to cancel this Contra •., in such event, Contractor shall be paid reasonable cost • • ^ rofit to Contractor ^ amount of - 1 • • percent, ^- of • .. performed • .,tontractor before such cancellation, Iny other party shall be in writing and may be personally delivered or given or ade by United States mail addressed as follows: To city: City of Aspen To C®ntractor: 1 1C� cml 011eel, r�dqr, DOX•. ays, KS • 60 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. 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. Page: 8 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D 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. Assn nq ment. 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. 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, Page: 9 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D r • no waiver ot any detault Shalloperate as r waiver of any other default or r modification ... • • r • • . this Contract. ..vontract shall be exclusive of any other remedy herein or by law provided Cl a •ermitted, but each be cumulative r • shall be in additionto every • "" • f . r •^ •• • W • • �, equityccordance with, the laws of the State of Colorado. Venue for any action at law •ir be roceeding to enforce any right, remedy or provision contained in this Contract, he prevailing party in such action shall be entitled to receive its attorneys' fees in onnection with such action from the non�prevalling party. noperative, unenforceableor r • shall be • • ., unenforceable • • • • provisions, . • to ^' • the provisionj f 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 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 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, 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. Page: 10 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D 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 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 any contract is conditional upon annual appropriation of funds body and that before providing services, the Contractor, if advised as to the status of funds appropriated for services not be obligated to provide services or materials for which appropriate. ids by said governing it so requests, will be or materials and shall funds have not been Page: 11 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACES-9D5F8310CC3D !00 Je nodifled, changed, terminated, or amended, waived, superseded or extende o7 xcept by appropriate written instrument fully executed by the parties. nenforceable it shall notor • ny other provision. mendments hereto may be executed in several counterparts, each of which hall be deemed an original, and all of which together shall constitute one greement bindingParties,• the possible event arties may not have signed the same counterpart. Furthermore, each Party onsents to the use of electronic • by either Party.- Scope of • • any other documents -• • a signature hereunder,be signed lectronically in the manner agreed to by the Parties. The Parties agree not to eny the legal effect or enforceability of the Agreement solely because it is in lectron'c form or because an electronic record was used On 1 formation. arties agree not to object to the admissibility of the Agreement in the form of an lectronic record, or a paper copy of an electronic documents, or a paper copy of document bearing an electronic signature, on the ground that it is an electronic ecord or electronic signature or that it is not in its original form or is not an • • 36. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See attached Exhibit A.1 and A.2 [X] See attached General Conditions. [X] See RFP Document Package and all addendum [ ] See attached Technical Specifications. Page: 12 Updated:10/2024 Docusign Envelope ID: 19328DDC-6B23-443D-ACEB-9D5F8310CC3D IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. CITY OF ASPEN, COLORA®O: ----Signed by: �tGtl�,t, �bSft,V' �EACOCC3793D0470... [Signature] Diane Foster Sy: Tltle: Deputy City Manager Z/Z6/ZOZS 111:51:24 AM MST ®ate: d by: I°. City Attorneys Office PROFESSIONAL: Slgned by: l ignature] Frederick Haines By: Title: vice -President ®ate: 2/11/2025 112:33:21 PM PST Page: 13 Updated:10/2024 TO:PHONE: STREET:JOB LOCATION: CITY,STATE,ZIP: We hereby submit specification and estimates for: Aspen Red Brick Gymnasium Scope of work: Our Price includes divisons(s): 01 - 06 - 07 - 08 Remove existing roof to roof deck Install new self adhered underlayment to the roof deck. Install 2 layers of 3.5 inch Polyiso insulation Install new 5/8" CDX plywood coverboard over insulation, fastened per spec Install Wood nailers and fascia per plan Install new self adhered underlayment to plywood coverboard for weathertightness Install new 138T - 16 inch panel - 24 Ga. Standard color Install all trim (rake, ridge, eave) assemblies according to McEleroy specifications to meet watertightness warranty Remove and installl new Palm-ram Double wall skylight panels Remove and install trim used to watertight skylight panels to existing roofs Install all new trim and edge securement for skylight panels Price 100% payment and performance bond. Maintenance bond included 20 yr McElroy warranty per spec We Propose hereby to furnish material and labor complete in accordance with above specifications, for the sum of: Payment to be made as follows: Acceptance of Proposal Signature Signature The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance 494,300.00$ 30% DUE UPON ORDER CONFRIMATION OF MATERIAL, REMAINDER DUE UPON PROGRESS PERCENTAGE AIA All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation form above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Owner is responsible for roof related mechanical and plumbing items that need be raised. Any collection costs will be at owners expense. Authorized Signature Note: This proposal may be withdrawn by us if not accepted within 10 days City of Aspen 970 429 1761 455 Rio Grande Pl Red Brick Gymnasium Aspen, CO 81611 110 E Hallam St. #135 Attachment A 2070 E. 8th Street, P.O. Box 664, Hays, KS 67601 785-628-3614 Fax 785-628-1806 www.roofmastersroofing.net January 30, 2025 Asal Voldjani City of Aspen Procurement Officer/ Purchasing/ Finance 427 Rio Grande Place Aspen, CO 81611 (970) 920-5059 www.cityofaspen.com RE : Roofmasters Response Red Brick Gymnasium Palram Skylights: The Proposed scope of work that Roofmasters stated for the Palram Skylight panel portion includes the attached specification PDF. Sunlite 10mm (Standard color) U channel H Cannel Vent Tape Materials: $4,000 Labor: $3,200 Cost Breakdown and Fee schedule: The AIA G702 is a separate attachment which shows the breakdown of the project. The price for the scope of work is $494,300 including the skylights for the entry. The Entry Skylight portion can be deleted from the scope of work for $7,000. The discount for the upfront payment is 1% of the first invoice is which is $204,630. We will honor a 1% discount for any payment amount at or exceeding the $204,630 on the first invoice. Best and Final offer: Due to the constraints of the schedule for the project, the material would need to be ordered as soon as possible. We are willing to give a discount of 1% if there is a 40% payment up front. The next invoices will be on percent of completion. Retainage would be collected upon warranty submission from McElroy Metals. Our price is $494,300 with a skylight deduct in the amount of $7,000 if the skylight option is not taken. Attachment B 2070 E. 8th Street, P.O. Box 664, Hays, KS 67601 Project Schedule: The dates below and BEFORE April 1 are crucial to give us enough time to complete the project. 1. City Council meeting Feb 25 2. When contract approved, Notice to Proceed issued on Feb 26 3. Order Metal Roofing Material (that is longest lead time) material March 1 a. 138T Colonial Red 24 gauge 16 inch plank and pencil profile 4. Shop drawings approved by March 5. 5. Permit obtained/pushed through by COA by April 1 6. Job mobilize and receive material April 1 to the 14th schedule permitting weather permitting 7. Roof removal week of April 14 with insulation package install / wood install 8. Install Metal roofing / trims week of May 12 – June 2. 9. Punchlist June 2-June 18 The timeline does not include any weather delays or unforeseen circumstances. We feel as though this is a sufficient amount of time to complete the work. Thank you for requesting further information and we look forward to the Red Brick Project if we are chosen. Regards, Fred Haines Vice-President, Chief Operating Officer Email: fhaines@roofmastersroofing.net C: 785-656-1338 2070 E. 8th Street, P.O. Box 664, Hays, KS 67601 The Map Below shows the proposed staging for the job (in general). The red square indicates the proposed location for the staging of material, which will require a sufficient amount of space for the Insulation board and plywood (this required sf is 40 x 100 of area, 4000 s.f.. RM plans to operate 1 telehandler which foot print is 12 x 40,(500 s.f.). The proposed places to run our panels onto the roof would be the yellow and blue squares, this is required space. We will still need to park 2 trucks at the site (crew cabs). A waste container or dump trailers will need to be utilized for roof demolition. The best place possibly in the yellow square and also blue square. Those places we will be able to move a dump trailer daily as it would attach to a truck. These areas are key for production.