HomeMy WebLinkAboutresolution.council.062-02
RESOLUTION # 62
(Series of 2002)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND UNITEL, SETTING FORtH THE TERMS AND
CONDITIONS REGARDING PHONE AND DATA LINES AT THE ASPEN
RECREATION CENTER AND AUTHORIZING THE CITy MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Unitel, a copy of which contract is
annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section I
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Unite! regarding phone and data lines at
the Aspen Recreation Center, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the City Manager of the City of Aspen to
execute said contract on behalf of tb.e City of Aspen.
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Dated:)""'"Q'~:<____ ~ c:Z0"~::1'
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I, Kathryn S. Koch, duly appointed and acting City Clerk do ce ify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting he!d July 22,2002.
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.... ....... Kat -0 S. Koob, CityCl"k
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CONTRACT FOR CONSTRUCTION
(Short Form)
THIS CONTRACT, made and entered into on July 22,2002 , by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City" ,and Unitel Inc.
hereinafter called the "Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein
contained, and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor,
materials, tools, machinery, equipment, temporary utilities, transportation and any
other facilities needed therefor, and to complete in a good, workmanlike and substantial
manner the Project as described in the Scope of Work and/or Proposal appended hereto
as Exhibit "A" which is incorporated herein as if fully set forth (the "Project").
2. Plans and Specifications; Compliance with Laws. The Project is to be
constructed. and completed in strict conformance with the Scope of Work and/or
Proposal appended hereto for the same approved in writing by the parties hereto. The
Project shall also be constructed and completed in strict compliance with all laws,
ordinances, rules, regulations of all applicable governmental authorities, and the City
of Aspen Procurement Code, Title 4 of the Municipal Code, inclUding the approval
requirements of Section 4-08-040. Contractor shall apply for and obtain all required
permits and licenses and shall pay all fees therefor and all other fees required by such
governmental authorities.
3. Payments to Contractor. In consideration of the covenants and
Contracts herein contained being performed and kept by Contractor, including the
supplying of all labor, materials and services required by t1.1is Contract, and the
construction and completion of the Project, City agrees to pay Contractor a sum not to
exceed Seventy Four Thousand Five hundred Twenty Dollars and 15 cents
($74,520) DOLLARS or as shown on Exhibit" A".
4. Commencement and Completion. Contractor agrees to commence work
hereunder innnediately upon execution hereof, to prosecute said work thereafter
diligently and continuously to completion, and in any and all events to substantially
complete the same not later than December 31, 2002 ,subject to such delays as are
permissible under the "Extension of Time for Completion" section of this Contract.
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5. Payment of Bills and Charges. Contractor shall pay promptly all valid
bills and charges for material, labor, machinery, equipment or any other service or
facility used in connection with or arising out of the Project, and shall obtain periodic
releases from all subcontractors and material suppliers supplying labor or materials to
the Project concurrently with Contractor's delivering any payment to such
subcontractors and material suppliers. Contractor shall indenmify and hold City and
City's officers, employees, agents, successors and assigns free and harmless against all
expenses and liability suffered or incurred in connection with the claims of any such
subcontractors or material suppliers, including but not limited to court costs and
attorney's fees resulting or arising therefrom; provided that Contractor shall be excused
from this obligation to the extent that City is in arrears in making the payments to
Contractor. Should any liens or claims of lien be filed of record against the Property,
or should Contractor receive notice of any unpaid bill or charge in connection with
construction of the Project, Contractor shall immediately either pay and discharge the
same and cause the same to be released of record, or shall furnish City with the proper
indenmity either by title policy or by corporate surety bond in the amount of 150% of
the amount claimed pursuant to such lien.
6. Releases. Contractor shall, if requested by City, before being entitled to
receive any payment due, furnish to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly receipted and
identified, covering work done and the materials furnished to the Project and showing
an expenditure of an amount not less than the total of all previous payments made
hereunder by City to Contractor.
7. Bonds. Contractor shall furnish performance, payment and maintenance
Bonds, each in an amount specified. These Bonds shall remain in effect until the job is
advertised and closed except for the Maintenance Bond which sha:JI remain in full force
and effect for One Year from the date of project closure, except as otherwise provided
by the Contract Documents.
8. Hierarchy of Project Documents. This Contract and the Proposal or
Scope of Work appended hereto as Exhibit "A" are intended to supplement one
another. In case of conflict, however, this Contract shall control both.
9. 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,
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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.
10. 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.
11. 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 f:ailure 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.
12. 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
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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 inl1erent in work of the character provided for in this Contract
or inl1erent in a work site located in the Rocky Mountains, Contractor shall so notify
City, and City shall at that time have the right and option to immediately cancel and
terminate this Contract or to instruct Contractor to continue the work and add the
additional amount attributable to such unforeseen conditions to the payments due
Contractor as set forth above.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such costs, building permit fees, insurance and such
financing and title charges as are not refundable shall be included; provided that
supervision time, office overhead and profit shall not be included in such costs to be
refunded to Contractor by reason of such cancellation.
13. Acceptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the
Project has been completed.
14. 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.
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,
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or other obligations assumed pursuant to the terms of this Contract by reason of its failure
to procure or maintain insurance, or by reason of its failure to procure or maintain
insurance in sufficient amounts, duration, or types.
b. Contractor shall procure and maintain, and shall cause any subcontractor
of the Contractor to procure and maintain, the minimum insurance coverages listed in the .
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such
coverage shall be procured and maintained with forms and insurance acceptable to City.
All coverage shall be continuouSly maintained to cover all liability, claims, demands, and
other obligations assumed by the Contractor pursuant to the terms of this Contract. In the
case of any claims-made policy, the necessary retroactive dates .and extended reporting
periods shall be procured to maintain such continuous coverage.
1. Workmen's Compensation insurance to cover obligations imposed
by applicable laws for any employee engaged in the performance of work under
this contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSANb DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease _ each
employee. Evidence of qualified self-insured status may be substituted for the
Workmen's Compensation requirements of this paragraph.
2. Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property daillage (including completed operations),
personal injury (including coverage for contractual and elnployee acts), blanket
contractual, independent contractors, products, and completed operations. The
policy shall include coverage for explosion, collapse, and underground hazards.
The policy shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with lllimmum
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
Contractor's owned, hired and non-owned vehicles assigned to or used in
performance of tl1e services. The policy shall contain a severability of interests
provision. If the Contractor has no owned automobiles, the requirements of this
Section 5.4.2.3 shall be met by each employee of the Contractor providing
services to the City under this contract.
c. Except for any Professional Liability insurance that may be required, the
policy or policies required above shall be endorsed to include the City of Aspen and the
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City of Aspen's officers and employees as additional insureds, Every policy required
above shall be primary insurance, and any insurance carried by the City of Aspen, its
officers or employees, or carried by or provided through any insurance pool of the City
of Aspen, shall be excess and not contributory insurance to that provided by Contractor.
No additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations. The
Contractor shall be solely responsible for any deductible losses under any policy required
above.
d. The certificate of insurance provided by the City of Aspen shall be
completed by the Contractor's msurance agent as evidence that policies providing me
required coverage, conditions, and minimum limits are in full force and effect, and shall
be reviewed and approved by the City of Aspen prior to commencement of the contract.
No other form of certificate shall be used. The certificate shall identify this contract and
shall provide that the coverage afforded under the policies shall not be canceled,
terminated or materially changed until at least thirty (30) days prior written notice has
been given to the City of Aspen.
e.
clauses:
In addition, mese Certificates of Insurance shall contain the following
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 1:l1!at 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.
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 prinlary coverage for any and all losses
covered by the above-described insurance. Tome 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 me
Contractor. Underwriters and issuers shall have no right of recovery or
subrogation against the City of Aspen, it being the intention of the parties that the
insurance policies so effected shall protect all parties and be primary coverage for
any and all losses covered by the above-described insurance. To the extent that
the City's insurer(s) may become liable for secondary or excess coverage, the
City's underwriters and insurers shall have no right of recovery or subrogation
against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse
against the City of Aspen for payment of any premiums or for assessments under
any form of policy. The insurance companies issuing the policy or policies shall
have no recourse against the City of Aspen for payment of any premiums or for
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assessments under any form of policy. The insurance companies issuing the policy
or policies shall have no recourse against the City of Aspen for payment of any
premiums or for assessments under any form of policy.
Any and all deductibles in the above-described insurance policies shall be assumed
by and be for the amount of, and at the sole risk of the Proposer. 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.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 tl.1e Proposer.
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done." Location of operations shall be:
"All operations and locations at which work in connection with the referenced
project is done. "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.
e. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, conditions, and minimum limits shall constitute a
material breach of contract upon which City may innnediately terminate this contract, or
at its discretion City may procure or renew any such policy or any extended reporting
period thereto and may pay any and all premiums in connection therewith. All moneys so
paid by City shall be repaid by Contractor to City upon demand, or City may offset the
cost of the premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft
or vandalism, any work done by Contractor in rebuilding or restoring the work shall be
paid for by City as extra work under Paragraph 8 above. If, however, the estimated
cost of replacement of the work already completed by Contractor exceeds twenty (20 %)
percent of the insured sum set forth in Paragraph 14 above, City shall have the option
to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost,
including net profit to Contractor in the amount of ten (10 %) percent, of all work
performed by Contractor before such cancellation.
17. Notices. Any notice which any party is required or may desire to give to
any other party shall be in writing and may be personally delivered or given or made
by United States mail addressed as follows:
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To City:
Ed Sadler, Asst. City Manager
130 S. Galena St.
Aspen, Colorado 81611
To Contractor:
Unitel Voice & Data Technologies
610 - 25 Road
Grand Junction, CO 81505
subject to the right of eitl1er 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.
18. Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final
acceptance of the work with City.
(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to
be entered into by City).
19. 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.
20. 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
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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 tl.1e 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 CONrRACTPR, 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.
21. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign tl.1is 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.
22. 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.
23. 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.
24. 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 otl.1er such event, circumstance or
condition, whether of the same or of any other nature or type and whether preceding,
concurrent or succeeding; and no failure or delay by either City or Contractor to
exercise any right arising by reason of any default by the other shall prevent the
exercise of such right while the defaulting party continues in default, and no waiver of
any default shall operate as a waiver of any other default or as a modification of this
Contract.
25. Remedies Non-Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or
permitted, but each shall be cumulative and shall be in addition to every other remedy.
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26. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or
equity shall be Pitkin County.
27. Attorneys' Fees. If either party to this Contract shall institute any
action or proceeding to enforce any right, remedy or provision contained in this
Contract, the prevailing party in such action shall be entitled to receive its attorneys'
fees in connection with such action from the non-prevailing party.
28. Severability. Any provision in this Contract which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions, and to this end the provisions of this
Contract are declared to be severable.
29. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, national origin, age,
marital status, sexual orientation, being handicapped, a disadvantaged person, or a
disabled or Viet Nam era veteran. The Contractor will take affirmative action to insure
that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, national origin, sex, age, sexual orientation,
handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. Such
action shall include, but not be limited to, the following: employment, upgrading, demo-
tion 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.
30. 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.
31. Warranties Against Contingent Fees, Gratuilties, Kickbacks and
Conflict of Interest:
a. The Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure this Contract upon an Contract or understanding
for a commission, percentage, brokerage, or contingency fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the
Contractor for the purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of
the City a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a
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J
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 tl1e 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.
32. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar year, nothing herein shall be construed as an obligation by
the City beyond any amounts that may be, from time to time, appropriated by the City on
an annual basis. It is understood that payment under any contract is conditional upon
annual appropriation of funds by said governing body and that before providing services,
tl1e Contractor, if it so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATIESTEDBY. ~
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CITY OF ASPEN, COLORADO
BY:~~(V' .4--~
Title:~ H~w
RECOMMENDED FOR APPROVAL:
~C. E-. ~
Ity ngmeertng epartment
APPROVED AS TO FORM:
By: a~/?~<~
y Atto. ey
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CERTIFICA TE OF INCORPORATION
STATE OF Glordd..
COUNTY OF rn O~c;..-
On this / (/3:= day of
me appear~d
(To be completed if Contractor is a Corporation)
)
) SS.
)
:n.) I.. '1
, 20~rbefore
( h a (Las ( ruJ iA to me
personally kno n, who, being by me first duly sworn, did say that s/he is
e'! of
In D and that
the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in behalf of said corporation by
authority of its board of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate
first above written.
~~~
Addres
fJ.}..hH F f2d Grcm::1 Jc:l Co 1,150)"
My commission expires: 0'3 / ~ J / Loo1...:1
My Commission Expires 03/01 J2004
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By:
~
Title:
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If
a partnership, the Contract shall be signed by a: Principal and indicate title.
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ADDENDUM TO CONTRACT FOR CONSTRUTION
This Addendum to the Contract for Consruction, dated July 22, 2002, is made and
entered on the date hereinafter stated, between the CITY OF ASPEN, a municipal corporation,
("City") and Unitel Voice & Data Technologies, ("Contractor").
WHEREAS, the City is not certain at this time whether it will be able to construct the
portion of the Aspen Recreation Center known as the ice skating facility within the time frame
contemplated in that certain Contract for Construction dated July 22, 2002; and
WHEREAS, the parties to said Contract for Construction desire to clarify the terms of
the Contract in the event that City does not proceed woth the construction of the ice skating
portion of the Aspen Recreation Center.
NOW, THEREFORE, THE PARTIES HERETO HEREBY AGREE TO THE
,
FOLLOWING ADDENDUM TO THE CONTRACT:
In the event that the City decides, in its sole discretion, that it will not complete tl1e Ice Skating
portion of the Aspen Recreation Center within the time contemplated in that certain Contract for
Construction dated July 22, 2002, then the parties agree as follows:
See Exhibit "A" attached hereinto.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Addendum to the Contract for Construction dated July 22, 2002.
Date:
ATTESTED BY:
CITY OF ASPEN, COLORADO:
By:
Title:
CONTRACTOR:
EXHIBIT "A"
SCOPE OF WORK (ADDENDUM)
This page is intended to be an addendum to tl1e scope of work submitted by the
contractor (Unitel Voice & Data Technologies).
· Addendum to paragraph I. (Construction of Project) - Completion time will be
determined upon the phone room being completed by owner and available to Unitel
in a timely manner for work to begin.
· Addendum to paragraph 10. (Contractor's Failure to Perform) - 3 days of receipt
of failure to perform will be amended to read 30 days.
· Unitel will provide a 1 year warranty on all materials and workmanship excluding
any acts of God.
· Data Cabling not identified in the original scope of work will be charged out at a
rate identified in exhibit "D".
· City of Aspen will ensure that Fiber connections are brought into the building to the
Fiber Modem or DMARC & Patch Panel. '
· In the case that the Ice portion of this facility may not be constructed at this time,
the City of Aspen will deduct$4,784.45 from the contract.
CC5-971.doc
Page: 14
07/11/2002 13:20
9702439102
~. F~/;:~"
UNITEL
PAGE 02
U~JIT! r:~
~:<.k\i.\ "~"
Voice & Data Technologies
WNW. unitalcolorado, com
61025 Road . Grand Junction, CO 81505 . (970) 242-3921 . FAX (970) 243-9102
July 11, 2002
...- Mr. Tim Anderson
City of Aspen
130 South Galena Street
Aspen, CO 81611
Subject: Iselin PoollIce Voice andD"ta Cabling Breakdown
Dear Tim,
Here is a list of the revised price breD'cdown. I pulled the outside pllrnt fiber optic cabling
out of the price, as weIl as the chang"lg the cable type from Cat6 to Cat5E. If you have
any further questions please give me 'I call at 242-3921 ext409.
TOTAL PRICE FOR STRUCTUimDCABLING: $S2,7S1l.00
Ice portion of the facility: $ 14,550.Ot:
Youth Center: $11,500
Rest of the facility: $26,700.00
.~
Regards,
~\~
Josh Amelang
Unitel
..<
Equipment Investment Analysis
Coral SL System Configuration-City of Aspen Iselin Pool/Ice Facility
t~k\,~~ "(/1
1 Flexicom Coral SL .Cabinet 16 Slot
1 DBX Memory
1 Conference Card
1 Expansion Cabinet
1 16 SFT--16 Port Station Card for Digital Key Telephones
1 PRI Card for incoming Voice PRI-T-1
1 PRI Software
1 CSU-Channel Service Unit
1 16- Port Digital Card for Digital Key Telephones SL Cabinet
1 4 Port PTF Card- Power Fail Transfer Trunk
1 16- Port Single Line Card
1 16- Port Digital Card for Digital Key Telephones E)(pansion Cabinet
1 Coral Paging Adapter
22 Flex Set-12 Button, Non Display Telephone
4 Flex Set-28 Button, LCD Digital Telephone
1 1- 40 Button DPEM For Main Phone
2 Single Line wall phones
1 ICMC Coral Message Center Voice Mail System 4 Ports
1 Installation Kit
II Total Coral SL Equipment
I $21,770.15
~
"Helping Businesses Communicate"
1"::_
Equipment Investment Analysis
Coral SL System Configuration-Youth Center
10 Flex Set-12 Button, Non Display Telephone
~ Total Coral SL Equipment
I $5,753.77
I]
Equipment Investment Analysis
Coral SL System Configuration-Ice Rink
12
Flex Set-12 Button, Non Display Telephone
~ Total Coral SL Equipment
I $7,425.86
Equipment Investment Analysis
Coral SL System Configuration-Rest of Building
10 Flex Set-12 Button, Non Display Telephone
4 Flex Set---28 Button Display Telephone
1 Flex Pex 40 Button DEPM
2 Single Line Phone
.~ Total Coral SL Equipment
I $8,590.52
~
"Helping Businesses Communicate"
Josh Amelang, 09:00 AM 06/14/2002 -0600, major materials list and co~t per voice/data drop Page I of I
From: Josh Amelang <josh@unitelcolorado.com>
To: "'tima@cLaspen.co.us'" <tima@cLaspen.co.us>
Subject: major materials list and cost per voice/data drop
Date: Fri, 14 Jun 2002 09:00:52 -0600
Importance: high
X-Mailer: Internet Mail Service (5.5.2448.0)
X-ECS-MaiIScanner: Found to be clean
~~\ \~"
Tim,
1 cable
2 cables
3 cables
4 cables
Josh asked me to send these rates to you. These rates do not apply to fiber
and rates for additional coax footage should be similar.
for voice or data:
100'
$100
110
120
130
200'
$150
160
170
180
300'
$200
210
220
230
Also, Josh indicated that you wanted another copy of the major materials
listing. This is a recreation of the original list. I'm sorry I was unable
to compare this list with your revisions. I'm sure there are variations in
the number of faceplates, jacks, etc.
<<ISELIN MAJOR MATERIALS L1ST.doc>>
Regards,
Jane Craig for Josh Amelang
1~!E1ISELlN MAJOR MATERIALS L1ST.doc
Printed for Tim Anderson <tima@ci.aspen.co.us>
06/14/2002
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b<\\~\ "E" ,<"'<.\,,~
AGREEMENT FOR PROFESSIONAL SERVICES
(Under $25,000 Total Compensation)
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Audio Analysts, Inc. , ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and
professional manner tl1e Scope of Work as set forth at Exhibit "A" attached hereto and by this
reference incorporated herein.
2. Completion. Professional shall commence work innnediately 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 mam1er. The parties anticipate that all work pursuant to this agreement shall be
completed no later than AUJ!ust 31, 2002. Upon request of the City, Professional shall submit,
for the City's approval, a schedule for the perfoflllance of Professional's services which shall be
adjusted as required as the project proceeds, and which shall include allowances for periods of
tinle 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.
3. Payment. In consideration of the work performed, City shall pay
Professional on a time and expense basis for all work performed. The hourly rates for work
performed by Professional shall not exceed those hourly rates set forth at Exhibit "Boo appended
hereto. Except as otl1erwise mutually agreed to by the parties the payments made to Professional
shall not initially exceed $14,100 (Fourteen Thousand One Hundred Dollars) .
Professional shall submit, in timely fashion, invoices for work performed. The City shall review
such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bilL
4. Non-Assignability. Both parties recognize that this contract 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 payor be liable for payment of any sums due which may be due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement,
without specifying the reason tl1erefor, by giving notice, in writing, addressed to the other party,
Page 1
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PSl.971.doc
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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.
6. Covenant Against Contingent Fees. The Professional warrants that s/he
has not employed or retained any company or person, other than a bona fide employee working
for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gifts or any other consideration contingent upon or resulting from the award or
making of tl1is contract.
7. 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 tl1e work are under tl1e 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 tl1e
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 spall indemnify City against
all liability and loss in contlection 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, witl1 respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. 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 daillage, 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 cOnrlected with
this contract, if 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. act, omission, error, professional error, mistake, negligence,
or otl1er 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
PSI-971.doc
Page 2
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, clainls, or demands. If it is deternlined by the final judgment
of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in
part by tl1e act, omission, or other fault of the City, its officers, or its employees, the City shall
reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and
maintain, at its own expense, a policy or policies of insurance sufificient 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, cla.ims, 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) Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE BUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FNE HUNDRED. THOUSAND DOLLARS
($500,000.00) disease - policy linlit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - each employee. Evidence of qualified self-insured status may be
substituted for the Workmen's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all
premises and operations. The policy shall include coverage for bodily injury, broad form
property damage (including completed operations), personal injury (including coverage
for contractual and employee acts), blanket contractual, independent contractors,
products, and completed operations. The policy shall contain a severability of interests
provision.
PSI-971.doc
, Page 3
-I
(iii) Comprehensive Automobile Liability insurancre with minimum combined
single limits for bodily injury and property damage of not less tl1an 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 tl1e
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(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 tl1e policy
required above shaH 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, condi-
tions, 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 shaH 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 linlits 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 shaH be repaid by Professional
to City upon demand, or City may offset the cost of the premiums against monies due to
Professional from City.
(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, tl1e monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any otl1er rights, innnunities, and
PSI-971.doc
Page 4
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.
10. 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 attl1e City of
Aspen Finance 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.
11. 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 promi~es pertaining to the project
matter thereof not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to
tl1e respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City:
Steve Barwick, City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Audio Analysts, Inc.
3286 North EI Paso Street
Colorado Springs, CO 80907
13. Non-Discrimination. No discrinlinati6n 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 13-98, pertaining to non-discrimination in employment.
14. Waiver. The waiver by tl1e 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.
PS 1-971. doc
Page 5
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15. Execution of Agreement by City. This agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
16,
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.
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 shaH be deemed an
original on the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
Page 6
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PSl-971.doc
'.
ATTESTED BY:
~>J~;r-
CITY OF ASPEN, COLORADo:
By: ~ i~4~
Titlo i\tj M 1M A rw
Date: 1fzA{()~/
PROFESSIONAL:
,J <<4',;. ~c-t,; ~c.
By: ~-:J otthJ e..-
/
Title: l/ J>.
Date: ~ /t.r/ ;z.cO~
/
PSI-971.doc
Page 7
\'.,- ~l.. "f.'I
Q<t\ ~ :\
Audleo
Ana ysts
3286 North EI Paso Street
Colorado Springs, CO 80907
(719) 632-8855
May 3, 2002
. The City of Aspen
Mr. Tim Anderson
130 South Galena Street
Aspen, CO 81611
Dear Mr. Anderson:
Thanks for inviting Audio Analysts to bid on the design and equipment specifications
for the ARC facility. As one of the largest, most respected sound companies in the
U.S., Audio Analysts has the know-how and experience to design a first rate AN
system plan for your new facility while staying within budgetary restrictions.
Audio Analysts has designed and installed numerous permanent systems for ice
rinks and various other sports facilities including the Cheyenne Ice and Events
Center, the ice sheets at the World Arena, the gymnasiums and velodrome at the
United States Olympic Training Center, etc. Our engineers are uniquely qualified to
produce excellent sound reinforcement in sports facilities, as our touring division has
installed temporary systems for concerts in every major sporting facility in the United
States and around the world. Excellent sound for these major, major musical events
is mandatory regardless of the unique acoustic properties of these difficult venues.
With our experience in commercial work similar to your project, and our extensive
knowledge of this type of venue, Audio Analysts is your best choice for this very
specialized design/build project. I have enclosed our quotation for the engineering
necessary to produce the system design you've outlined in your RFP.
7<~
Brad Hisey
Audio Analysts, Inc.
, 1
Customized System Design By I~I
Audio Analysts, Inc. , l- 1
Agreement and Notice to Proceed
Design/Build Engineering Documerltation
Thank you for contacting Audio Analysts concerning the custom system design for The Iselin
Center. In order to provide you with an accurate projection of form, function, and budget, Audio
Analysts must mobilize a variety of design resources. The purpose of this letter is to confirm our
understanding in this regard.
The scope of work Audio Analysts will undertake includes, but is not limited to, consulting, creating
various. equipment designs and lists, and preparation of technical information. In providing these
services, we will interface with you, your contractor, your installers, and architect, etc. as
appropriate.
As part of this agreement, Audio Analysts will provide documentation and detailed engineering
drawings containing equipment locations, system power requirements, system one lines, risers,
rack layouts, panel layouts, material specifications, preliminary cable layouts and sizes, conduit
sizes required and any other information necessary to complete an accurate assessment of this
project by both your organization and other trades. Included in our price will be complete testing
and qualification of the completed system.
For these services, you will pay Audio Analysts, Inc. a fee for engineering as per the schedule
below:
System Designs Hours Rate Cost Initial to Accept
Basic Needs (lump sum): 40 $75.00 $3,000.00
Basic Sound System
Ice Arena
Swimming Pools
Central Core and Youth Ctr.
Paging and Announcements
Telephone Paging
Testing and Qualification 16 75.00 1,200.00 (mandatory w/above)
i-.
. .
'(
Enhanced Level Needs:
Music and P.A. System 8 75.00 600.00
Camera Security System 20 75.00 1,500.00
Prerecorded Announcements 8 75.00 600.00
Usage Schedules 8 75.00 600.00
Event Lighting 40 75.00 3,000.00
Highest Level of Needs:
Show Package 40 75.00 3,000.00
In-Pool Sound System 8 75.00 600.00
Total Des./Eng. Pkg 188 $75.00 $14,100.00
Payment shall be fifty per-cent due upon acceptance of this agreement and the baiance due
upon completion of the system design. You may terminate Audio Ana.lysts' services at any time
by written notice. In that event, you will be charged only for services rendered up to the time
Audio Analysts receives your notification of cancellation.
We're looking forward to working with you on this project.
Sincerely,
Brad Hisey
Audio Analysts, Inc.
UNDERSTOOD AND AGREED TO this.
day of
,2001.
Signature
Title/Company
L,
., ~. f
Addendum to Scope of Work
Audio Analysts, Inc.
I. Audio Analysts will work closely with Unitel (another sub contractor of the City)
in coordinating wiring schemes and installation.
II. In addition to the scope of work identified in the proposal submitted by Audio
Analysts Inc. for the design of certain audio/visual needs in the Aspen Recreation
Center (ARC), Audio Analysts understands that the City of Aspen will be
contracting with Unitel for the installation and pulling of all wiring necessary for
audio/visual connections. Unitel will install all wiring accdrding to the
specifications identified and outlined by Audio Analysts, and Audio Analysts will
approve in writing the installation of such wiring for connection to audio/visual
installations.
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF CIOrdd<:l
COUNTY OF m O&e<--
On this / f.p0 day of
me appeared
(htl (Las ( rt1~ to me
:JJn(~I~y k:rn, who, Ing by me first01u1Y sworn, did say that s/he is
. ~l1i I !nrMDori{ j.1'(:f and that
the seal affixed to s~id instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in behalf of said corporation by
authority of its board of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
)
) SS.
)
:;fUI.. '1
, 20 ~; before
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate
first above written.
~~~
Addres
?.J!7.J! F f2d G-rcmd Jcl- w 1-,150')
My commission expires: () g I ~ i / Lool:l
My Commission Expires 03/01/2004
CC5-971.doc
Page: 13
CONT
By:
Title:~
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If
a partnership, the Contract shall be signed by a Principal and indicate title.
CC5-971.doc
Page: 12