HomeMy WebLinkAboutresolution.council.042-25RESOLUTION 4042
(Series of 202.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND WESTERN SPECIALTY CONTRACTORS 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 re -
caulking of concrete seams, between the City of Aspen and Western Specialty
Contractors, 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
$143,865 between the City of Aspen and Western Specialty Contractors 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 25th day of March 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 adopted by the City Council
A the City of Aspen, Colorado, at a meeting held March 25th, 2025.
Nicole Henning, City C�tlerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT and PROFESSIONAL SERVICES
City of Aspen Contract No.: 2025-117 - SPPS1370005
AGREEMENT made March 7th of 2025.
BETWEEN the City:
The City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Western Specialty Contractors
5055 N. Washington St.
Denver, CO 80205
US
303-364-6200
scottg@westernspecialtycontractors.com
For the Following Project:
Rio Grande Parking Garage Joint Sealant Project
Contract Amount:
Total: $ 143,865.00
If this Agreement requires the City to pay
an amount of money in excess of
$100,000.00 it shall not be deemed valid
untiI it has been approved by the City
Council of the City of Aspen.
Exhibits appended and made a part of this Agreement:
City Council Approval:
Date: 03/25/2025
Resolution No.: 2025-042
Exhibit A: List of supplies, equipment, or materials to be purchased, and Scope of Work,
and Fee Schedule.
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1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A, appended hereto and by this reference incorporated herein,
for the sum of set forth above.
2. Delivery. (FOB 427 Rio Grande Place Aspen, CO 81611)0
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby
made a part of this Agreement as if fully set out at length herein.
4. Warranties. (See Exhibit A).
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the
Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement
shall be completed no later than May 23, 2025, with the installation and operation of all the
equipment no later than May 23, 202505-23-2025. Upon request of the City, Professional
shall submit, for the City's approval, a schedule for the performance of Professional's services
which shall be adjusted as required as the project proceeds, and which shall include
allowances for periods of time required by the City's project engineer for review and approval
of submissions and for approvals of authorities having jurisdiction over the project. This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by
the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The rates for work performed by Professional shall not
exceed those rates set forth at Exhibit A appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the
amount set forth above. Professional shall submit, in timely fashion, invoices for work
performed. The City shall review such invoices and, if they are considered incorrect or
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untimely, the City shall review the matter with Professional within ten days from receipt of the
Professional's bill.
9. Non-Assi __ nty_. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub -contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the
City shall determine that such cancellation is in its best interests and convenience
11. Termination of Professional Services. The Professional or the City may terminate the Professional
Services component of this Agreement, without specifying the reason therefor, by giving notice, in
writing, addressed to the other party, specifying the effective date of the termination. No fees shall be
earned after the effective date of the termination. Upon any termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material
prepared by the Professional pursuant to this Agreement shall become the property of the City.
Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may
withhold any payments to the Professional for the purposes of set-off until such time as the exact
amount of damages due the City from the Professional may be determined
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that
nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
13. Indemnification. Professional 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,
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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,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional 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 Professional, 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
its officers, or its employees, the City shall reimburse the
act, omission, or other fault of the City,
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
14. Professional's Insurance.
(a) Professional 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 Professional pursuant to Section 8 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or
by law. The Professional shall not be relieved of any liability, claims, demands, or
other obligations assumed pursuant to Section 8 above 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) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) 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.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TH�EZEE
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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 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.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1, 000, 000.00) each occurrence and ONE MILLION DOLLARS
(�1, 000, 000. 00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
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N
(c) The policy or policies required above shall be endorsed to include the City and
the City's officers and employees as additional insureds. Every policy required above
shall be primary insurance, and any insurance carried by the City, its officers or
employees, or carried by or provided through any insurance pool of the City, shall be
excess and not contributory insurance to that provided by Professional. No additional
insured endorsement to the policy required above shall contain any exclusion for
bodily injury or property damage arising from completed operations. The Professional
shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
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 coverages afforded under the
policies shall not be canceled, terminated or materially changed until at least thirty (30) days
prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, 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, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
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(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on and does not waive or
intend to waive by any provision of this contract, the monetary limitations or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, Section
24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its
officers, or its employees. City's Insurance. The parties hereto understand that the City is a
member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such
participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual
are kept at the City of Aspen Risk Management Department and are available to Professional
for inspection during normal business hours. City makes no representations whatsoever with
respect to specific coverages offered by CIRSA. City shall provide Professional reasonable
notice of any changes in its membership or participation in CIRSA.
15. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
18. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
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
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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
ilitary status, sexual orientation, gender identity, gender
disability, age, m
expression, or marital or familial status.
The foregoing provisions shall be incorporated in all subcontracts hereunder.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
July executed by the City Manager of the City of Aspen (or a duly authorized official in the City
Manager's absence) and if above $100,000, following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager's
absence) to execute the same.
21. Warranties Against Continent Fees, Gratuities, Kickbacks_and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any 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 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
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
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(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
l . Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet
its obligations herein, this Agreement shall be contingent upon the availability of those
funds for payment pursuant to the terms of this Agreement.
23. General Terms.
(a) 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.
(b) 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.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
24. 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 Exhibit A below.
25. 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 ail
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
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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.
26. The Professional in performing the Services hereunder must comply with ail applicable
provisions of Colorado laws for persons with disability, including the provisions of 6624-85401,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
150141. Services rendered hereunder that use information and communication technology, as the
term is defined in Colorado law, including but not limited to websites, applications, software,
videos, and electronic documents must also comply with the latest version of Level AA of the Web
Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information
and communication technology used, created, developed, or procured in connection with the
Services hereunder meets these standards, Professional may be required to demonstrate
compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section
above in relation to the Professional's failure to comply with 662445401, et seq., C.R.S., or the
Technology Accessibility Standards for Individuals with a Disability as established by the Office
of Information Technology pursuant to Section §2445403(2.5).
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the
date first written above.
CITY OF�P�.,]�T,,. COLORADO:
By:
ptf t, Sf Vt.I,I��,V'
[S ignahire]
Pete Strecker
[Name]
Title: Interim City Manager
3/26/2025 � 1:43:44 PM MDT
Date:
Approved as to form:
DocuSlpned by:
City Attorneys Office
PROFESSIONAL:
—Signed by:
Scef } G
[Si
Scott Granger
By:
[Name]
Title: Sr. Project Manager
Date: 3/7/2025 � 3:11:59 PM MST
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EXHIBIT A
w C:I='F'
SPECIALTY CONTRACTORS
— '— CGHFIOENCE THROUGH PERFORMANEL
Cnntrcle
kManrulnn
Masomy
kminumn
Stadlum
keslnnihn
[lalrrok
astandan
l Uri
keslnmWn
GIPS
Keslurulr n
1 {flint
keslnrAiain
Vitt ext ing
Caulking
ScAlmix
t7rck Coating
Flamer
inlerpmnfing
{iclaw cawit
S►(=
Cicwdng &
keslnrAlan
Turkpoloting
Epmry
Ftmwe
Cemrmtlluous
Caating
Fnat Tendon
RePalr
l�arrlcr
TCA"
kcry[r
F:xlur►sion
�nlnt
R�lnotkm
Car6an Flhr.
rn�erlinn
i:erl� N.icUoauan
�•it,' of Aspen
+1�7 fClo Grande ('ace
t�spen, CO, dIF511
.ranu6ry ;f;i, 2�25
4+1E �'a+i:=sterail H,�:rE l=�t:EFS{,.(�tLr {e F-(.i=�F'r��.�'�.L F�1�1�. pia �Ursnd� �}arkirrg Garage �ea,'snt J`de,��acert�Prrt
�Ci]VIE f3F tlUD}2K_ `�'�'E f:rc,:se to 3urnis}, and irsta' i all �r ce_=•sari labor, m:a.erial=•. t. super':;:;iun,
and ir�uranc�. as shotivr, an the attached insurance addendum, is colr,p{ete thra (ollotvs;g:
1. Control Joint Replacement: 18.000 LF
■ oriestenn 5 crew o . rerr:we the ems ling conmv. joint Sea an is alonEl the I our le': els C11 the parking
garage as tftecteid b;: P' C`;y of Assrr:n.
■ The joints will 1. prepared (p-- rrar.Jfacturer's recommendations,
■ New primer, backer rod, a-PrA ergo-ccomponent poli%:rethane sealant ky ! be IristaLead mth a tmWead
f rAh.
■ Cily Parks D�Epartrrerll 5&a(f will tie reshEcor,sible for providing the closl. yes �`Qr the acLi:e lmrk
areas.
• Western's esErnat_ is bass•^ up on ha'oin_y a minimum of 1,000 LF o',4,1cirk in an e,reaj7,hase.
■ Cor„ractor will verify actual kwlnc poerformea in die field and inl cke for %lerik d mm, Comiplelad-
■ Unit Price: $6.9WLF
."#1Z3.9Df3A0
z. 4�iruner'� Contingency: 1 L�
■ An a,;�rf �ional 15 �_• of tra anL.cipat=d project cos, �s recommended to a:quir�a to ro: er ama'
unkr�mrn gtc.;act scope r.�r scope raverruns tc�t miight be r�;scclvered during cL�nstrurtian.
■ Ccvn:ractor to rrodfy City of Aspen rs: cesenLi:i':es ri Fjdaitional work is dis,:al: red and get rorri-;al
approlia9 prior to star ling arry extra m k.
■ unit Price_ $1$:765.00
$18,765.0U
'C{JlfkL: $1�I3,B6S.t7�
Estimlated Duration of r"tlarlt
'ail:: �t::rs� is. prepared to send a fc::r pers�tn credr to p=Morn; tr�is •►rQrk starting in,�'.pril. '►"� e ha': e 5pf�iP. (le?iIbIIIC?'
in ci..r sort dot::. its.:` *.`end to st.3r ire April �r� order to finish as aonn as possihba_
Start L1ate: d�.prll 7, Ft7z5
End Date: May 23•, 2025
GG:i3 [V, t'L'astW�gtnn 31_ • d)en5rs, i:[i • ?,3G3j 3G1-1;2GG • Ff]G:i;l 3L'i•i1F5F
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WESTERN' �
SPECIALTY CONTRACTORS 'OWESTERN
CONFIDENCE THROUGH PEItFORM ANCE � ti.
GENERAL QUALIFICATIONS:
1. Normal working hours, Monday through Friday have been used for this proposal.
2. We have Inctuded one mobilization for the project. Addrtianal mobilizations vill results in additional
EhXgMo
l'r rtrmte 3, YVrtten approval of color selections by the customer ere required before any materials Will be ordered and
kuKUuL kin
before scheduling of work.
tit my d. Permits are not included for our portion of the work.
kestnruY�n 5. Benlcadev.Aldewal< protection will be provided by the City of Aspen.
Sr�dluc; 6. Power lines In or near work areas shall be cov+ered1protected by owner at no expense to contractor.
k, staru;:,r, 7. Western short not be held liable for the presence of fungi or bacteria as Indicated an the attached
Insurance Addendum,
8. Western wd provide it's' staridard one year Libor wanranti and .iianufactires' staridard one year material
k,xlnru;.n,
warranty upon completion of work.
►'Liza A. Our proposal supports OSHA's 29 CFR 1926.1153 Respirable Crystalline Silica Standard.
I'''00f3 an 10. Notwithstanding anythtrrg In this Agreement, Western shal be endled to additional compensation andlor
Its time time extension for any delays, disruptions, Impacts, smpens,om, acceleratw out of sequence work, or
Itrnmruian any other Increased costs or damages Incurred as a result of any virus (including COVID 19 or other
coroiavirus), pandemic, epidemic or consequences flawing therefrom. In addition, Customer agrees to
Ilismrd` waive al consequential, actual or liquidated damages against Western arising ouit of any delay,
kr-sinrukm
disruptions or impacts to the Wok resulting from the above events.
W'141L C'cut lnv
C:aulking d1
S�lrnu
laeek C'nacing
Aoxxptsnre: By sic�iirg tdrs proposal, the Purchaser accepts es a bn�dng contract al of its terms and
t>ia„ter canolltions, Inciutfrng the General Conncktfons and the Special Conditions on tars page and ell Continuettoi Pack;
w'atrrprunfing of this proposal. This Proposal shell expire automatically unless the above named purchaser shall ha':t:'
delivered a copy of this Proposal duty signed by it to Western an or before the 30th day from the date hereaf.
Below C'D' No modification by Purchaser to this Proposal, or tD the General Conditions, shell become a part of the contract
unless specifically agreed to in writing by Western, and shall automatically make this Proposal void and of nr.,
Cleaning zi effect.
KeslnrLk,n
Date Accepted: ucl:pNnclnp Denver Branch OfficeT
Flocd jPurchaser)
Cemroeituars By: Scott Granger
Cwting
PasnTcndun Title: Project Manager
kcpUU
Harrier
Trndm
Kepur Manager:
Fiparwce,
)nlm
kcslaruinn
t:autx► Fihrs
Epmn'
IryMinn
61ntdS N. Wn�htngioo 5t • deme�, CU • t]Io3I 3tiA-I;zou • Ffm3;t act.nlzsz
Docusign Envelope ID: 4D47A945-89AA-4FDC-88C8-A924209BBA92
1. rCI4A ES IPaI TF 4U47RK It is tnirarsti Ittir tl t1� ur tick r aalfei
fen' in ibis Atlreeamell may t'etlure ellwgus AS file walk pr4essitat
Uairltaclw Will perform djahge& ill daft rrtark (includkig cl anyrts tegftterl
by CAtsteitt l) err'Iyr Oftet crinSdU l in With IhU C"Mnier, AM execr.ckin 0 a
vtrilten 4teetrent t:rYdetirty the changies III the Lstuje at the kmork ipicludiny
tt£ty charge rr Conn' cl Price and trite fiat perfrsrnrarice:
L PAYMENT TERMS. Paywailt ce the Coultau Price, aalltll L* n0de
Inatnifly upoo rKGeilrt of art iflvoice tur pot-Ilm or the Worli pet fainted taming
That Iflaff3t.. It ally invoice remains wipaxl tri ilve 2Mh day follwAing tec-e it
Custetrraar, Ctisttantar agis tra pay Crita lrx' iiticr ai tl rate tun
F rearz til73�i pc artnuni rri rr lit U ri tic ►rrilh Maid*
1. TAKES. Cwftractors [xlce inelojes applicable tB(es npOt Ed iltn the
exrxk At ded in this, t rtritraci to EII extent required Irj law lb
lie culetuid IYJ Ccaltmata. Such Iaxas may be pwale? leinizeti rate
II'r"lta��s:
�. SECURITY FOR PAYMENT. Cg6riicr tr'tiieistar"ids that it Cuniractasr
I tt IXI h Clin assent a lien all: rrst ttr� lnupraly. f ran sa ttx veil sae
fPaiArs or its iiesrtiyhrgs vill to the imiat'c ii recedes payrtieni.
6. DELAYS AND CLAIM&
& Lisabilhyi Only'liar AeftWithin ttou A Coriblaim Coat acitxt tAill
l e eiWgsd and wit W Lam'. fiaLib IAI Ally ultra` = Akicthef lutist; tickitfital
ct ctirrse efitial, for any delay ert failures lit peduittla e finludinrg but nail
liar ieii to delays due to strikes, Iltes, accidertis, acis or Gdd aria ddayrs: in
rfo(tnarr a by cowactor supriliurs and earners) e xcelat tti ille extent
e i%ed 41, or wiitio the elites.t cotittal of Cmftactear,
0. Notice of Ci M% Whdh. Arty ciarits by Custom, i agairtt
Oitrtlrackir lwm Lae Pteser tee) In whing wan pallit olars to Contractor watiiy
t myay days after ttiey else, e therwimt ' Coamia 'irsr small have no
tr spam-biftyr at i'raWliiy rraa sash ebItt :
6. INSURANCE AND INDE ATI
,A. Customer sfrall t Ei3sa all trrafntain Wbpettyr inswante an if
l operty amid liaUlityi7ig&ante io cokser" tfte . s at [rriissiutis of its wAmis
tu5d employees, at the Sits=:.
9* Comactar mind ains; iri surarteM as shaimi tun the aliathed Instranti'OL
, ldendium A eerlilicaica showarlg eaftlragtt Inills and CartkasIi6sll fie issaed
to cu slw a irf prIIt to begnill ffj var,•0: a the Site.
C. Cotilladw a glees to irude�gtrrtify Cus'ionter from arty Isis l et at
IV
i*KPLAAxo Wi th Ctis°IontEs sLeftrs as a r ah Cf darn i asserted aydrist
tr
Custtrmer itytiyrtl Rarlles (ytYiutdn� Cctr�rractars �ntpl�peiwhicit �16e out
c� Ca�n
atrs avrxk �,t ihtt ante;. tri tlri� w�iterCaratmi d tigr ttia n�iisji3.til 5cls
cr rrrtissiLrlS est Contractor ut arsy4frrtr for witssrn coriUtictUt f5 tptin5iltle:
;hatter Ater La irldertinify Cortiraci a tat any lass, rttciga or e3pense,
which �Contr sufrets its aiiesut tit claims asserted Against Corillact
ref tKrc pames Milled Customers ern"e�sp wt2ch arse out of .
Ctist�mer's 3�ir lbes al tfle Site, to the exterrA causedt txy true negll�ent acts
ry otrisiiatts Of Cg�imirlIIef Or artycm lot % oin Customer is to fiponslUe.
?: FlrEfi �tAt;< 1
A. UV'ana'iirrarashi
si:cist�ntial .atrnlile#irtt t
vi61(sits trial it ill plot
i4aakinarasillp l ftutMsd
Cardtacto hias beiat la
a t al WriitEfth notice h
vtiffin i rys After Cus
is Willin till= oresaid t
� period or i±rie yr~
riiulr�{t tPo'cttk €:ii*tia'>
irr eit'riiaca;ry i
rdtactor unt €er this
alI work p��:r dorm ed,
omit of ally mxh di
Uor'n tl trade of
wl t�tx ply �rrtt
callt dst rrsitfru at�tl a
raviure ciatrutt�t?tlontax�t�:raars, n � ri�at�i.
�. >1�trrratrt� �n ice. Curnlria.�or ' � rrtras Elt•�t n wil itse rxily
ria rnatetial; uni�:s-s sp:icifierl tt�Ftigvaase: inn this Conuar=t aria �st'll tLfrea to
Ctrstsrrtaer itiandpttl s�raritlus ns issuad 3rar lift= ttnai�.ifaac±erter raf lfre
rnaleti�els. if i I1AUe. Conliactcrr:shell haue no t gatialt under ty such
manuravl s �iarranty, and stall not be rectulrrea too seekmal� s tea berm
r� sisGii sliiirelartl �fitrrlies.
C, Distclaim bf Other W n' THE PROVISIONS Its
'ARie,GRAPHS 1A ,"ND B ARE nIE EXCLUSIVEWARRA14TIES
RROVIDED TO CUSTOMER AND ARE EXPRESSLY IN LIEU ANY
CtTh1ER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY or tREmiANTlAmLiTy OR FITNESS FOR ANY
ARTICULAR PURPOSE,
15. Ekc ot'r. :is.-1i� �it�irn:aly �itulurJt�i l�rnn any ants all
ruAties curtriecied Will thisWork aily �aatraily agalast the grtiirAK
inl taficia of sriwrad r f nicdd, ii idew, or other rutigal, f aith & bitilug al
sutr aria! huwvrea caListd.
�. LILIGATt {3t• CUSYffdEf AT S1T Rl
J sitecon i . ror t tk Deaf tr :il Irf CW&WOU at 11 situ,
Custenter shall ruoid v thait charge tip Contractor li) s teient and ptoa r
spate W harnfliag Aral sttrit� file nlalm(itils and equipnient a CaniracM.,
rill •si i6elit lu and s �lr�'ty the petrcaimance of tie: Work; ifirj rrynoval
tit fall obstioclivis to l ianinll the Wink as d�iscr>tirtr by as pusslUe.
It.UnanticipatedConditions 11C-di` sat.9rtreitttuntetsurtkafti�ted
Stu Jhiu+'u, a strucltral lMtn , t l reasonably asceiwit hl& upa i stash
inspiedinn or le irnj as Silas lr •eri by clasttnrit r, Grrillatkif swil say adv
Cusiura►�, at�J the ptaltas gill P ik Fitt a ntr v ly` si a l abk riJjir3triie d to
Cltu k, the Curtliatt Rice, ,ard file hive or crrirp littn }trset t6vat',iiat tion
r9l Elie mirk,
�C_ Asb Lead, ter atnd PCB. Corwa ry spetitit-aYy excludes
the Allatiw"eent of arty hu rdeas ru etial, including LU AIM limited to
asbesla% lead, tr ld fit polyt kaiiawd Upteriyl (PCrl°). Cmitanttr
t rarim trial flia Work wil riot expose O�ii' iattut's witAiss crr Any,
rrcrswis to callact gAith or ext sate tit such sui anoes. if Coaliamir
et citsnrem material teasimatitg tieliwed io tom , ad nicid fir PCB
ran hazardm►s SLAisl ice whirth has not Deft teridet ed h atri less,
Curitrador shall knined- Wdy stall Ata'ralk in the area aifc er and reptin 91
Muir abort to the Fustian . Tyre lii'enk. in the atireLied ateea shrall not tl aarttr
lae iesurried IA by va itim a!pee ren of the Custatr to Contiactcir_
file WaA in the r l ateea shall be tesumed In the 311660ce Of still
haraudoas suUstarnte, tit it:n in has been reridet.i ltaattiit 5itsi so
a pe d in trtilit�ij by die Custiasr & and C atitwor. At cost'c? It�:tirtrJ rot
rLn� val ufp or to render astiestras, le;J, trutiil en PCB harmless, shal flit Win
Liy CLtsfrinter. .
9. DEFAULT BY {31S it. If iC:aast�rtrr fait;, or is. rtnakatt: fttt wry
r!~*asr>€Y, to iriz9ir�tt stir' F°+ar�; valrrtt dt�e, rsr (�e"Jt:t�3 Ctlydt#ictiar turn
csnnlileti€iy its 1Uiv`k in a titt:ty .arid r�a�d�rtattsf tneriiir•", ctr lsils to a�irrrlily
ti►ki ally tertin t:wv nfiiiiri C r7reWisiat5 IYi t�saitUtct,itUaitor inayr resist
tta any t rr t aw?aitablc lei it Lry IPisv' [cansistt, cif la��.
I�MECIIEq £� CiiAC'Ft;SFt. tit c:v5o tat a€iy di�'attt � cl�tetritetr,
Gni:tut�i riJ' iUst,rxitfnr}�tai is riaiietre Lo nta Griely payrrtit�ril, CrrtatJtx rii:3�pr
sti+ar�i �) tiays, (a) 5ttsjiettgJ �I Wi'xk at tl� site (� da~
-C ptlL'La,. '.iraaa � 5l�'il �t.nil tr] �Cxrraclix's
rti;sltr zilx rttR yt rUsit ist tl tiff t doted , ks:l tetitt3 'rf
uratged malarial f►cra the lsrerilifies, (Cl) tertninate the
as
pa+�riierls setertad iri in'itern t atiir� antl. �e�}
aitltlhisaial ranitxiies fay be pter��Ittei by liiW.
DtSPUTERESOLUTIDI Titaptarlies st tilitttt
f,ry it�rnsuiv�. itsir� rt•� senitx �lieia
r rranization if nicessaly, and print to the itir tkul
eltey ayee to nittel Ai h ti tnutxtaliy Agreeable tit, u
c t rpiinted inedimm f a tithitg uth or rivE
sill h d'k �pue. tefirlrtiaan, t li Party, slictt ixtita• rheii
eUtmit or frig legal Minn to efforce tht: tertr orWi &
partyfsfi�1 be etellte� r>u�r rea5etlat�e r
etrit lu rarlvtt di�5irtes
is of the tci
stir cif tyla�al at9itri-
airi nrgewl applic aliori,
sesssiwt fit eriy
a art ex flame ; in Vie
OURS {l�F 1f�f)t�K �at�ta':ltq � s�ti�jateu try pttrigxni ilk V.'tsark: drily
s rr�uttrr ��kinll hxlg>t'�, slid has- M respiltblfi1' tb vita he�rtli
4s�uliu heirs. fall time fgeycrid rer,�t�t hulls `which is;tta�atl.hy
,r sitar EV paid Kit Ley Uri lrsariar In iMENIiurI LU tftn COMMA price, Al`
ate lr emilim rates of pity.
�iiTllkE AGREEMENT. Tti ilttict cTia titan ate entire agt trnenl
eti lttr pfirii faits rewesetalawmi statanu:tiis, ca re ' trnlerice at
signs bet'AV!n CO(Kr a6" T And CgM.statr:t at �tisit�itt�'
s tttalive shall be a dart or this C, ai,.a Lcik:ss speeiri ally relcIred to
err r ►leis two
FICATIO& No waivei, allermian tit tiiadificailan of Vie tenth and
tit tiiinfrs of Ilia. Contract strait he tailing t.kiless Saki t im, a kwatiorr et
rnrsdirrcat ion h lit whitig slid -&deft by a duly aelhrirized 0
ear psatty.
i2 R
Docusign Envelope ID: 4D47A945-89AA-4FDC-88C8-A924209BBA92
Indicating. b
Denver r: Office ("Contractor")L Rio Grande Parking Garage Seall Replacerwnt
and Incorporated into its Proposal Submitted to
City of Aspen ("Customer')
�:onLra�,t ram• ` sins, gain, inr ae �o � a s Tally as eu y belcr��, ti�roughout L ,life of pr�j ��"��n
a R "e willich is 11w of Me Proposal, 84, Contract or - .; contract to M^h this, Addenckm is attached. Any contract or
subcract enAeredd n i to Nrzlude this c;errage, exclu ` "e any Wier wisurance requirements,
�r'k�r`s � �rt���i ct�"."�:�ug�� t� €€ruttui�rW i€t �It sts ►�Fr� D-rtrtor €arts, �rt�ct�tt�ir ttiu s't ire ��hi�;�t t�irr�
project which is the subject -f his pToposal or bid is locate!_ Employer s Liability coverage is also inn ude vith limits up
try 1,000, 00. Stop gap r~rxi is provided In rrruriopalistic States: ND, OH. WA, WY.
t 4hti�y t�c%vror is +rntrt e�rt the irvtrs Crari7 real rr�rtrrgrt Litlity Frarnt rr! Ti imrfiiuk i�tctIr:3 ltiu
rallvirt:
® Bodily i
® Broad Form Property Damage
® Prermses.10perate ;
• products�'C plet Operations
Comractual Liabay
® Kkadical Pay
Fire Damage 'L y t Liability
Fier and Adverti Injury
• IT dent Contracti L hAy
• C "erage for Explosion, Collapse. and UncierWouid
• Separabon of Insureds(Severabitay of Imerest
t�enerat Aggregate
xr- L� tv:o _ ed ations Aggregate
*rsonal and Adv. Injury
each Occtffreme
Eire Damage cqm f )
Ivledicai E. om person)
mineral Aq• gate aIs per pro�Iect.
'yq.,y pplLryi L�Yit�
06000
tl,
01000
.tea®
AutorrroIxiile Liability tervlI is carried In all III staWs tsistertl witir gretrtor th,art statutory ruquunts.
o .and its will c iF a stagy* rd f ert'ica�e ' In a #� t; er a e andur� of
in no uom Execution of Bract.
The structures involved in Otis project do not contain any EIFS (Exterior insulation and Finish System).
. ..: . . '. ° $ f . E ' is ,. , ,.: . • , , x i. a •. .E 6 gL. . .. ,
5055 N. Washington St. • Denver, CO • (303) 364-6200 • F(303) 367-8252
Concrete
Restoration
Masonry
Restoration
Stadium
Restoration
Balcony
Restoration
Plaza
Restoration
EIFS
Restoration
Historic
Restoration
Wall Coating
Caulking &
Sealants
Deck Coating
Planter
Waterproofing
Below Grade
Stone
Cleaning &
Restoration
Tuckpointing
Epoxy
Flooring
Cementituous
Coating
Post Tendon
Repair
Barrier
Tendon
Repair
Expansion
Joint
Restoration
Carbon Fiber
Epoxy
Injection
Foam Injection
PROPOSAL/CONTRACT
Carly McGowan
City of Aspen
427 Rio Grande Place
Aspen, CO, 81611
January 31, 2025
WE (Western) HAVE PREPARED A PROPOSAL FOR: Rio Grande Parking Garage Sealant Replacement
SCOPE OF WORK: We propose to furnish and install all necessary labor, materials, equipment, supervision,
and insurance, as shown on the attached insurance addendum, to complete the following:
1. Control Joint Replacement : 18,000 LF
• Western’s crew will remove the existing control joint sealants along the four levels of the parking
garage as directed by the City of Aspen.
• The joints will be prepared per manufacturer’s recommendations.
• New primer, backer rod, and two-component polyurethane sealant will be installed with a tooled
finish.
• City Parking Department Staff will be responsible for providing the closures for the active work
areas.
• Western’s estimate is based up on having a minimum of 1,000 LF of work in an area/phase.
• Contractor will verify actual work performed in the field and invoice for verified work completed.
• Unit Price: $6.95/LF
$125,100.00
2. Owner’s Contingency: 1 LS
• An additional 15% of the anticipated project cost is recommended to acquire to cover any
unknown project scope or scope overruns that might be discovered during construction.
• Contractor to notify City of Aspen representatives if additional work is discovered and get formal
approval prior to starting any extra work.
• Unit Price: $18,765.00
$18,765.00
TOTAL: $143,865.00
Estimated Duration of Work
Western is prepared to send a four person crew to perform this work starting in April. We have some flexibility
in our start date, but intend to start in April in order to finish as soon as possible.
Start Date: April 7, 2025
End Date: May 23, 2025
5055 N. Washington St. • Denver, CO • (303) 364-6200 • F(303) 367-8252
Concrete
Restoration
Masonry
Restoration
Stadium
Restoration
Balcony
Restoration
Plaza
Restoration
EIFS
Restoration
Historic
Restoration
Wall Coating
Caulking &
Sealants
Deck Coating
Planter
Waterproofing
Below Grade
Stone
Cleaning &
Restoration
Tuckpointing
Epoxy
Flooring
Cementituous
Coating
Post Tendon
Repair
Barrier
Tendon
Repair
Expansion
Joint
Restoration
Carbon Fiber
Epoxy
Injection
Foam Injection
GENERAL QUALIFICATIONS:
1. Normal working hours, Monday through Friday have been used for this proposal.
2. We have included one mobilization for the project. Additional mobilizations will results in additional
charges.
3. Written approval of color selections by the customer are required before any materials will be ordered and
before scheduling of work.
4. Permits are not included for our portion of the work.
5. Barricades/sidewalk protection will be provided by the City of Aspen.
6. Power lines in or near work areas shall be covered/protected by owner at no expense to contractor.
7. Western shall not be held liable for the presence of fungi or bacteria as indicated on the attached
Insurance Addendum.
8. Western will provide its’ standard one year labor warranty and manufactures’ standard one year material
warranty upon completion of work.
9. Our proposal supports OSHA's 29 CFR 1926.1153 Respirable Crystalline Silica Standard.
10. Notwithstanding anything in this Agreement, Western shall be entitled to additional compensation and/or
time extension for any delays, disruptions, impacts, suspensions, acceleration, out of sequence work, or
any other increased costs or damages incurred as a result of any virus (including COVID 19 or other
coronavirus), pandemic, epidemic or consequences flowing therefrom. In addition, Customer agrees to
waive all consequential, actual or liquidated damages against Western arising out of any delay,
disruptions or impacts to the Work resulting from the above events.
Acceptance: By signing this proposal, the Purchaser accepts as a binding contract all of its terms and
conditions, including the General Conditions and the Special Conditions on this page and all Continuation Pages
of this proposal. This Proposal shall expire automatically unless the above named purchaser shall have
delivered a copy of this Proposal, duly signed by it, to Western on or before the 30th day fr om the date hereof.
No modification by Purchaser to this Proposal, or to the General Conditions, sh all become a part of the contract
unless specifically agreed to in writing by Western, and shall automatically make this Proposal void and of no
effect.
Date Accepted: _____________________ Denver Branch Office
___________________________________
[Purchaser]
By:________________________________
Title:_______________________________
Scott Granger
Project Manager
Manager:____________________________
GENERAL TERMS OF THE CONTRACT
1. CHANGES IN THE WORK. It is understood that the type of work called
for in this Agreement may require changes as the work progresses.
Contractor will perform changes in the work (including changes requested
by Customer) only after consultation with the Customer, and execution of a
written agreement covering the changes in the scope of the work including
any changes in Contract Price and time for performance.
2. PAYMENT TERMS. Payment of the Contract Price, shall be made
monthly upon receipt of an invoice for portion of the Work performed during
that month. If any invoice remains unpaid to the 20th day following receipt
by Customer, Customer agrees to pay Contractor interest at the rate of ten
percent (10%) per annum from the due date until paid.
3. TAXES. Contractor’s price includes applicable taxes imposed on the
work or materials included in this contract, to the extent required by law to
be collected by Contractor. Such taxes may be separately itemized on
invoices.
4. SECURITY FOR PAYMENT. Customer understands that if Contractor is
not paid it can assert a lien against the property. Contractor will issue
waivers of its lien rights only to the extent it receives payment.
5. DELAYS AND CLAIMS.
A. Liability Only for Acts Within Contractor's Control. Contractor will
be excused and will not be liable for any damages, whether direct, incidental
or consequential, for any delay or failure in performance (including but not
limited to delays due to strikes, fires, accidents, acts of God and delays in
performance by Contractor's suppliers and carriers) except to the extent
caused by, or within the direct control of Contractor.
B. Notice of Claims, When. Any claims by Customer against
Contractor must be presented in writing with particulars to Contractor within
twenty days after they arise; otherwise Contractor shall have no
responsibility or liability for such claims.
6. INSURANCE AND INDEMNIFICATION.
A. Customer shall purchase and maintain property insurance on its
property and liability insurance to cover the acts or omissions of its agents
and employees at the Site.
B. Contractor maintains insurance as shown on the attached Insurance
Addendum. A certificate showing coverage limits and Carriers will be issued
to Customer prior to beginning work at the Site.
C. Contractor agrees to indemnify Customer from any loss, damage or
expense which Customer suffers as a result of claims asserted against
Customer by third parties (including Contractor’s employees) which arise out
of Contractor’s work at the Site, to the extent caused by the negligent acts
or omissions of Contractor or anyone for whom Contractor is responsible.
Customer agrees to indemnify Contractor for any loss, damage or expense,
which Contractor suffers as a result of claims asserted against Contractor
by third parties (including Customer’s employees) which arise out of
Customer’s activities at the Site, to the extent caused by the negligent acts
or omissions of Customer or anyone for whom Customer is responsible.
7. LIMITED WARRANTY AND EXCLUSIVE REMEDIES.
A. Workmanship. For a period of one year from the date of
substantial completion of Contractor's Work covered hereby, Contractor
warrants that it will promptly repair or replace any improper or defective
workmanship performed by Contractor under this contract; provided that
Contractor has been paid for all work performed, and Contractor has
received written notice from Customer of any such defective workmanship
within 20 days after Customer first becomes aware thereof (provided such
is within the aforesaid one-year period). Contractor will not pay for any
inspections or repairs performed by others prior to receipt of notice and a
reasonable opportunity to make repairs, if warranted.
B. Warranty on Materials. Contractor warrants that it will use only
new materials unless specified otherwise in this Contract, and will deliver to
Customer standard warranties as issued by the manufacturer of the
materials, if available. Contractor shall have no obligation under any such
manufacturer’s warranty, and shall not be required to seek changes to terms
of such standard warranties.
C. Disclaimer of Other Warranties. THE PROVISIONS IN
PARAGRAPHS A AND B ARE THE EXCLUSIVE WARRANTIES
PROVIDED TO CUSTOMER AND ARE EXPRESSLY IN LIEU OF ANY
OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE.
D. Mold Exclusion. Contractor specifically excludes from any and all
warranties connected with this Work any warranty against the growth,
infestation or spread of mold, mildew, or other fungal, bacterial or biological
substance however caused.
8. OBLIGATIONS OF CUSTOMER AT SITE OF WORK
A. Site Conditions. For work performed by Contractor at the site,
Customer shall provide without charge to Contractor (i) sufficient and proper
space for handling and storing the materials and equipment of Contractor;;
(ii) sufficient power and water for the performance of the Work; (iii) removal
of all obstructions to performing the Work as economically as possible.
B. Unanticipated Conditions. If Contractor encounters unanticipated
conditions or structural features, not reasonably ascertainable upon such
inspection or testing as was allowed by Customer, Contractor will so advise
Customer, and the parties will work out a mutually acceptable adjustment to
the Work, the Contract Price, and the time of completion prior to continuation
of the work.
C. Asbestos, Lead, Mold and PCB. Contractor specifically excludes
the abatement of any hazardous material, including but not limited to
asbestos, lead, mold or polychlorinated biphenyl ("PCB"). Customer
warrants that the Work will not expose Contractor's workers or any other
persons to contact with or exposure to such substances. If Contractor
encounters material reasonably believed to be asbestos, lead mold or PCB
or other hazardous substance which has not been rendered harmless,
Contractor shall immediately stop Work in the area affected and report the
condition to the Customer. The Work in the affected area shall not thereafter
be resumed except by written agreement of the Customer and Contractor.
The Work in the affected area shall be resumed in the absence of such
hazardous substance, or when it has been rendered harmless and so
agreed in writing by the Customer and Contractor. All cost of testing for,
removal of, or to render asbestos, lead, mold or PCB harmless, shall be born
by Customer.
9. DEFAULT BY CUSTOMER. If Customer fails, or is unable for any
reason, to make any payment when due, or prevents Contractor from
completing its Work in a timely and uninterrupted manner, or fails to comply
with any term, condition or provision of this Contract, Contractor may resort
to any remedy available to it by this Contract, or by law.
10. REMEDIES OF CONTRACTOR. In case of any default by Customer,
including but not limited to failure to make timely payment, Contractor may,
after reasonable notice and opportunity to cure, which need not exceed
seven (7) days; (a) suspend all work at the site (b) demand payment of the
contract price, less a sum equal to Contractor's cost of any labor and
materials not yet furnished or ordered , (c) remove its equipment and any
unused material from the Premises, (d) terminate the contract and demand
payments referred to in item (b) above and, (e) pursue such other or
additional remedies as may be provided by law.
11. DISPUTE RESOLUTION. The parties shall attempt to resolve disputes
between themselves, using more senior officials of their respective
organizations if necessary, and prior to the institution of any legal action,
they agree to meet with a mutually agreeable or, upon mutual application,
court appointed mediator for a minimum of one five hour session. In any
such dispute resolution, each party shall bear their own expenses. In the
event of any legal action to enforce the terms of this Contract, the prevailing
party shall be entitled to recover reasonable attorney’s fees from the other.
12. HOURS OF WORK. Contractor is obligated to perform the Work only
during its regular working hours and has no responsibility to work beyond
such regular hours. All time beyond regular hours which is required by
Customer shall be paid for by Customer in addition to the contract price, at
applicable premium rates of pay.
13. ENTIRE AGREEMENT. This Contract constitutes the entire agreement
between the parties. No representations, statements, correspondence or
discussions between Contractor and Customer or Customer's
Representative shall be a part of this Contract unless specifically referred to
in this Contract.
14. MODIFICATION. No waiver, alteration or modification of the terms and
conditions of this Contract shall be binding unless said waiver, alteration or
modification be in writing and signed by a duly authorized representative of
each party.
Revised 10/1/19 Initials: ___________ / ___________
STANDARD INSURANCE ADDENDUM
Indicating Insurance Carried by
Denver Branch Office (“Contractor”)
and incorporated into its Proposal Submitted to
City of Aspen (“Customer”)
Project: Rio Grande Parking Garage Sealant Replacement
Contractor maintains, and shall maintain, insurance coverage substantially as outlined below, throughout the life of the proj ect (shown
above) which is the subject of the Proposal, Bid, Contract or Subcontract to which this Addendum is attached. Any contract or
subcontract entered into is qualified to include this coverage, exclusive of any other insurance requirements.
Workers Compensation coverage is maintained in all states where Contractor operates, including the state in which the
project which is the subject of this proposal or bid is located. Employer’s Liability coverage is also included with limits up
to $1,000,000. Stop gap coverage is provided in monopolistic states: ND, OH, WA, WY.
Carrier: The Travelers Indemnity Company of America / Travelers Property Casualty Company of America
General Liability coverage is written on the Travelers Commercial General Liability Form CG T1 00 which includes the
following:
Carrier: Travelers Property Casualty Company of America
COVERAGES POLICY LIMITS
• Bodily Injury General Aggregate $4,000,000
• Broad Form Property Damage Products Completed Operations Aggregate $4,000,000
• Premises/Operations Personal and Adv. Injury $2,000,000
• Products/Completed Operations Each Occurrence $2,000,000
• Contractual Liability Fire Damage (Any one fire) $500,000
• Medical Payments Medical Exp. (Any one person) $10,000
• Fire Damage Legal Liability
• Personal and Advertising Injury
• Independent Contractor’s Liability
• Coverage for Explosion, Collapse, and Underground
• Separation of Insureds/Severability of Interest
General Aggregate applies per project.
The General Liability Policy contains an exclusion for claims arising in whole or in part out of the presence of fungi or
bacteria in a building or structure.
Automobile Liability coverage is carried in all states consistent with or greater than statutory requirements.
Carrier: Travelers Property Casualty Company of America
Combined Single Limit: $2,000,000
A 30 day notice of cancellation provision is included under our policies.
Coverage and limits will be certified through a standard form Certificate of Insurance issued to Customer or through a Memora ndum of
Insurance upon Execution of Contract.
The structures involved in this project do not contain any EIFS (Exterior Insulation and Finish System).
Contractor’s insurance program is written on a nationwide basis for all its locations, and not on an individual
project basis. Any requests for deviations from standard coverage must be requested in writing, prior to Contract
execution. Contractor reserves the right to review any Consolidated or Controlled Insurance Program prior to
agreeing to enroll, and to increase its price to cover additional insurance requests.