HomeMy WebLinkAboutresolution.council.016-03 RESOLUTION # b
(Series of 2003)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND TIMBERLINE ELECTRIC AND CONTROL
CORPORATION SETTING FORTH THE TERMS AND CONDITIONS
REGARDING MILL STREET WELL REHABILITATION 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 Timberline Electric and Control
Corporation, 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 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Timberline Electric and Control
Corporation regarding Mill Street Well Rehabilitation, 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 the City of
Aspen.
Dated: ~.~
~ ~~or
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoing is a true and accurate copy of that re~olution adopted by the City
Council of Se City of ASpen, Colorado, at an~eld Feb~ tr~y'n eld February 03.
: .. Kat~n
erk
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT. made and entered into on 2-24-03 and between the CITY OF ASPEN
Colorado. hereinafter called the "City". and Timberline Electric and Control Corporation.
hereinafter called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law. an advertisement, for the project: Mill Street Well Rehabilitation, and.
WHEREAS, the Contractor, in response to such advertisement or in response to direct
invitation has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore,
and as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract For Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and compJete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Sixty-Three thousand
Seven hundred Sixteen $63,716.) DOLLARS or as shown on the BiD proposal.
CC1-971.doc Page 1 **CC1
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
Special Conditions. The Contract Documents are included herein Dy this reference and
made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions. such amounts as
required by the Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents. this Contract For
Construction shall be subject to the City of Aspen Procurement Code. Title 4 of the
Municipal Code. including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract For Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this
Contract for Construction, the prevailing party shall be entitled to its costs and
reasonable attorney's fees.
13. This Contract For Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
CCI-971 .doc Page 2 **CC1
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ('<P///')'O~;/O )
) ss.
COUNTY OF ~7'~h/~,~/'/yt )
On this / 7t7'f~(//jdyayof ~/)/,'/J.~:~,./ , 20 ~,.~', before me appeared
~Z'/~'f/t ~/~"/~-//~ , !0 me personally known,.who,
being by me first duly sworn, did say that s/he is .~.'~ ~'~'~s~'./.t ~/'BY.c~z~.SEC--v'~.~' of
'~'~'-~_/x'~ ~/E"~_ .~ _~-'~ / ~.'~.~ and ('hat the seal affixed
to said instrument is the corporate seal of said ~:orporation, 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
Address
My commission expires: -~/7/'~ ~
CCl-971.doc Page 4 **CC1
EXHIBIT "A"
CITY OF ASPEN
GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by
reference into Service Agreements entered into between service providers ("Contractor"'~ and the
City of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the
Service Agreement customarily used by the City of Aspen to contract for services. A change in
one document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed ro by the
Contractor and the City shall be specifically noted on the Service Agreement.
1. Completion. Contractor shall commence the provision of services as described in the
Service Agreement in a timely manner. Upon request of the City, Contractor shall submit, for the
City's approval, a schedule for the performance of Contractor's services which shall be adjusted
as required. This schedule, when approved by the City, shall not. except for reasonable cause, be
altered by the Contractor.
2. Payment. In consideration of the services provided, City shall pay Contractor the
amounts set forth in the Service Agreemem Contractor shall submit, in timely fashion, invoices
for services performed. The City shall review such invoices and. if they are considered incorrect
or untimely, the City shall review the matter with Contractor within ten days from receipt of the
Contractor's billing. Contractor's invoice shall be for the period ending the last day of each
month and submitted to the City no Iater than the 5th day of each month.
3. Non-Assianability. Both parties recognize that this contract is one for persona/
services and cannot be transferred, assigned, or sublet by either party without prior wri~en
consent of the other. Sub-Contracting, if authorized, shall not relieve the Contractor of any of the
responsibilities or obligations under this agreement. Contractor shall be and remain solely
responsible ro the City for the acts. errors, omissions or neglect of any subcontractor's officers.
agents and employees, each of whom shall, for this purpose be deemed ro be an agent or
employee of the Contractor to the extent of the subcontract. The City shall not be obligated ro
pay or be liable for paymenf of any sums due which may be due ro any subcontractor unless
agreed to in writing beforehand by the City.
4. Termination. The Contractor or the City may terminate this Agreement upon thirty
(30) days notice, without specifying the reason therefor, by giving notice, in writing, addressed
to the other party, specifying the effective date of the term/nation.
The City shall have the right ro terminate the Service Agreement upon three (3) days notice if
Contractor fails to comply with the terms and conditions set forth in Sections i. 3, 5. 6, 7. 10,
13. 14, I6. 19 or 21. For breach of any other term and condition of the Service Agreement. City
may terminate the Service Agreement with ten (10) days prior notice ro cure and failure by
Contractor to so cure.
No compensation shall be earned after the effective date of the termination. Notwithstanding the
above. Contractor 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 Contractor. and the City may witlthold any
payments to the Contractor for the purposes of set-off until such time as the exact amount of
damages due the City from the Contractor may be determined.
5. Covenant ACainst ContinCent Fees. The Contractor warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Contractor, to solicit or secure this contract, that s/he has not paid or ag'reed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee} gifts
or any other consideration cnntingenr upon or resulting from the award or making of this
Conwact.
6. Equipment, Materials and Supplies. Unless otherwise agreed ro by the City,
Contractor shall acquire, provide, maintain, and repair at Contractor's expense such equipment.
materials, supplies, etc.. as necessary for the proper conduct of the services [o be provided in
accordance with the Service Agreement.
7. Contract Monitorin,¢. Contractor agrees to allow City ro reasonably monitor the
services to be provided in accordance with the Service Agreeme~t.
8. Independent Contractor Stares. 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. Contractor 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 Contractor 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 Contractor. 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 Contractor. Contractor shall be solely and entirely responsible for its acts and for the
acts of Contractor's agents, employees, servants and subcontractors during the performance of
this comract. Contractor shall indemnify City against all liability and loss in connection with.
and shall assume full responsibility for payment of ail federal, state and local taxes or
contributions imposed or required under unemployment insurance, social security and income tax
law. with respect to Contractor and/or Contractor's employees engaged in the performance of the
services agreed to herein.
9. Indemnification. Contractor agrees to indemnify and hold harmless the City, ks
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss. or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this Service
Agreement if such injury, loss, or damage ss caused in whole or in part by, or is claimed to be
caused in whole or ~n part by, the act, omission, error, professional error, mistake, negligence.
or other fault of the Contractor. any subcontractor of the Contractor. or any officer, employee.
representative, or agent of the Contractor or of any subcontractor of the Contractor. or which
arises out of any workmen's compensation claim of any employee of the Contractor or of any
employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle,
respond to. and to provide defense for and defend against, any such liability, claims or demands
at the sole expense of the Contractor. or at the option of the City, agrees to pay the City or
reimburse the City for the defense costs incurred by the City in connection with, any such
liability, claims, or demands. The Contractor also agrees to bear ail other costs and expenses
related thereto, including court costs and attorney fees. whether or not any such liability, claims.
or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment
of a court of competent jurisdiction that such injury, loss. or damage was caused in whole or in
part by the act, omission, or other fault of the City, its officers, or ns employees, the City shall
reimburse the Contractor for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
10. Contractor's Insurance. (a) 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 Section 9 above. Such
insurance shall be in addition to any other insurance requirements imposed by the Service
Agreement or by law. The Contractor shall not be relieved of any liability, claims, demands, or
other obligations assumed pursuant to Section 9 above by reason of its failure [o procure or
maintain insurance, or by reason of its failure to procure or maintain insurance m sufficient
amounts, duration, or types.
(b) C~ntractor shall procure and maintain Workmen's Compensation insurance to
cover obligations imposed by applicable laws for any employee engaged in the performance of
work under the Service Agreement. and Employers LiabiIity insurance with minimun~ limits of
FIVE HUNDRED THOUSAND DOLLARS ,$500.000.00~ for each accident. FI,VE
HUNDRED THOUSAND 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.
(c) If the Service Agreemem reqmres any insurance in addition to that referenced above
at subsections ta) and (b), or a particular type of coverage, Contractor shall procure and
maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the
minimum insurance coverages referenced in the Service Agreement. All insurance coverages
shall be procured and maintained with forms and insurance acceptable to the City. All coverages
shall be continuously maintained to cover ail liability, claims, demands, and other obligations
assumed by the Contractor pursuant to Section 9 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.
(d) The policy or policies required above shall be endorsed ro 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 ro that provided by Contractor. No additional insured endorsement ro the policies
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Contractor shall be solely responsit~le for any deductible losses under
any policy required above.
(el The certificate of insurance provided by the City shall be completed by the
Contractor's ~nsurance 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 shall be used. The
certificate shall identify the Service Agreement and shall provide that the coverages afforded
under the policies shall not be canceled, terminated or materially changed until ar least thirty (30)
days prior written notice has been given to the City.
(f) Failure on the part of the Contractor ro procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may terminate the Service Agreement as provided by Section 4 above, 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 Contractor ro City upon demand, or City may offset the. cost of the premiums
against monies due to Contractor from City.
(g) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(h~. 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 (presently
$150.000.00 per person and $600.000 per occurrence~ or any other rights, immunities, and
protection provided by the Colorado Govermmental Immunity Act, Section 24-10-i01 ez seq.,
C.R.S. as from time to time amended, or otherwise available ro City, its officers, or irs
employees.
1l. _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 Finance Department and are available to Contractor for inspection during normal business
hours. City makes no representations whatsoever with respect ro specific coverages offered by
CIRSA, City shaI1 provide Contractor reasonable notice of any changes in its membership or
participation in CIRSA.
12. Waiver of Presumption. The Service Agreement was negotiated and reviewed
through the mutual efforts of the part/es hereto and the part/es agree that no construction shall be
made or presumption shall arise for or against either party based on any alleged unequal stares :f
the parties in the negotiation, review or drafting of the Service Agreement.
13. Certification Re~ardin~ Debam~ent. Suspension, In¢li~ibility, and Voluntary
Exclusion. Contractor certifies_ by acceptance of the Service Agreement. that neither it nor its
principals is presently debarred, suspended, proposed for debarment_ declared ineligible or
voluntariIy excluded from participation in any transaction with a Federal or State department or
agency. It further certifies that prior to submitting its Bid that it did include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In
the event that vendor or any lower tier participant was unable to certify ro this statement_ an
explanation was attached to the Bid and was determined by the City to be satisfactory to the City.
14. Warranties A¢ainst Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
Contractor 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 comnfiss~on, percentage,
brokerage, or contingent fee. excepting bona fide employees or bona fide established commercial
or selIin~ agencies maintained by the Contractor for the purpose of securing business.
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, recommen-
dation, preparation of any par~ of a program requirement or a purchase request, influencing the
contem of any specification or procuremen¢ 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
m any solicitation or proposal therefor.
Contractor represents that no official, officer, employee or representative of the City
during the term of the Service Agreement has or one (1) year thereafter shall have any interest.
direct or indirect, in the Service Agreement or the proceeds thereof, except those that may have
been disclosed ar the time City Council approved the execution of the Service Agreement.
In addition to other emedies it amy have for breach of the prohibitions against contingent
fees. gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Contractor. vendor.
or sub-contractor under City contracts:
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Contractor: and
4. Recover such value from the offending parties.
15. Term/nation for Default or for Converzience of City. The services contemplated by
the Service 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.
16, Fund Availability/. Financial obligations of the City payable after the current fiscal
year are contingem upon funds for that purpose being appropriated, budgeted and otherwise made
available. If the Service Agreement contemplates the City utilizing state or federal funds to meet
its obligations herein, the Service Agreement shall be contingent upon the availability of those
funds for payment pursuant to the terms of the Service Agreement.
17, City Council Approval. if the Service Agreemem requires the City to pay an amoum
of money in excess of $25.000.00 it shall not be deemed vaIid until it has been approved by the
City Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or mailed
by certified mail. return receipt requested to the respective person or address listed for the
Contractor in the Service Agreement.
19. Non-Discrimination; penalW. No discrimination because of race. color, creed, sex.
marital stares, 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. Contractor agrees to meet ail of the requirements of City's municipal code. Section 13-
98. pertaining to non-discrimination in employment.
20. CiW of Aspen Procurement Code. Notwithstanding anything to the contrary
contained herein or in the Contract Documents, the Service Agreement shall be subject to the
City of Aspen Procurement Code. Chapter 3 of the Aspen Municipal Code.
21. Compliance With All Laws and Regulations. Contractor shall give ail notices and
comply with all laws. regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreemem. Contractor shaI1 obtain all necessary business licenses
and permits, and shall pay alI requisite occupation taxes levied by the City ~f Aspen upon
persons engaged in business within the City limits.
22. Waiver. The waiver by the City of any term. covenant, or condition hereof shai1 not
operate as a waiver of any subsequent breach of the same or any other term. No term. covenant.
or condition of the Service 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 Contractor to which the same may appIy
and. until complete performance by Contractor of said term, covenant or condition, the City shall
be entitled to invoke any remedy available to it under the Service Agreement or by law despite
any such forbearance or indulgence.
23. Execution of Service Agreement by City.. The Service Agreement shall be binding
upon all parties hereto and their respective heirs, executors, administrators, successors, and
assigns. Notwithstanding anything to the contrary contained herein, the Service Agreement shall
not be binding upon the City unless duly executed by the City Manager of the City of Aspen tot a
duly authorized official in his or her absences.
24. Year 2000 Issues. Contractor hereby reIeases and holds City harmless from any and
all claims or causes of action relating to performance of this Agreement of any nature whatsoever
in tort. contract, or otherwise, for any action, inaction or for loss or damage attributable to,
resulting from. arising out oL or in connection with a year 2000 error.
25 General Terms.
~a~ It is agreed that neither the Service Agreement nor any of its terms.
provisions, conditions, representations or covenants can be modified, changed, terminated or
amended, waned, superseded or extended except by appropriate written instmmem fully
executed by the parties
(b) If any of the provisions of the Service Agreement shalI be held invalid.
illegal or unenfomeable it shall not affect or impair the validity, legality or enforceability of any
other provision.
(c) The parties acknowIedge and understand that there are no conditions or
limitations ro this understanding except those as contained herein ar 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) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
SER¥ICE AGREEMENq?
THIS AGREEMENT made this day of February, 200~. by and between fl~e Cit. of
Aspen ("City") and the Contractor identified hereinbelow.
WITNESSETH. that whereas the City wishes to purchase the services described
hereinbelow and Contractor wishes to provide said services re the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the pa~ies agree as
follows:
CONTRACTOR
NAME: Timberlin~ Electric and Control Corporation
ADDRESS: P.O Box 793 17591 Hwy. 8 South Suite
Morrison, Colorado 80465
CONTACT PERSON: Kurt Evezich
PHOkr~ NUMBERS HOME: N/A WORK: 303-697-0440 Fax 303-697-0450
SOCIAL SECURITY NUMBER OR I.D. NUMBER: 84-1090658
DESCR/PTION OF SERVICE
Timberline Electric and Zontrol Corporation (TLECC/ will install and znEegrale
2ontrol modifications 5c the Mill Street well (City of Aepen well#3 ~o
include a variable frequency drive, con5zDls uo operate the drive and the well
pump, remote telemetry unzt To the iity of Aspen Water Departmen5 SCADA system
from ute ~ill Street well control house. The City will provide a Moscad remote
telemetry unit and electrical servzce uo the building. It ms the purpose of
Timberline Electric Eo lesign and engmneer a compatible exchange of
information from the Mill seree5 Well and lncorporale this information into
the Intellution software package data base. graphical mn~srface and Moscac RTU
a5 the Water Treatment plant. Any additional electrical work required which
ms Jeemed necessary from sn outside masEer electrician will be the sole
responsibility of TLECC ~o sub contract. As described ~n the proposals from
TLECC dated 12-26-02 for $55 340 lescribing the installation and
configuration of a 125 H~ VFD MCC pre-wired, assorted transmltlers indicators
add switches, the contrdl syslem To the SCADA sysmem, 5-03 describin~ ~
6" mete~ w~th set up and verifica~zon for S3376.25.
DUP~4TION OF AGREEMENT AND SCIIEDULE OF SERViCES TO BE PROViDED
Agreement for services will terminate upon ;ompletion of the proposed work.
Work will 2ommence the and ~ermlnate May l, 200~. Work hours will
be from -:30 am to 4:30 pm Mond~=y through Friday, work occurring on the
weekends mus~ be pre-approved with the City Df Aspen Water DeparEmenl.
DESCRIPTION' OF AMOUNT. METHOD OR MANlNrER OF COMPENSATION
Total cose of the work ~s not eo axceed 563.716. compensation for the work
will be provided through a 2ity of Aspen purchase order.
Please znvomce using City's Purchase Order Number:
AMENDMENTS TO GENERAL cONDiTIONS
Penalty assessment will be charged for incomplete work at a rate of $500 per day or the costs associated for
keeping the general contractor and assSciated contractors available for completing accompanying service
agreements which ever is greater.
The parties acknowledge and understand that this Service Agreement is, except as specifically
amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen
General Conditions for Service Agreements, a copy of which is appended hereto as Appendix
"A" and by this reference made a part hereof.
Having agreed to the above and foregoing, the parties hereto do affix their signaturesl
City of Aspen: Contractor:
By: By: ~~'"'~'~, ~-