HomeMy WebLinkAboutresolution.council.096-03 RESOLUTION NO. ~(O
Series of 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR CONSTRUCTION TO PERFORM PAINTING AT
THE CITY OF ASPEN ANIMAL SHELTER, BETWEEN THE CITY OF ASPEN AND
JEWKES CUSTOM PAINTING, AND AUTHORIZING THE MAYOR OR CITY
MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for
Construction to perform work at the City of Aspen Animal Shelter, 212 Aspen Business
Center, between the City of Aspen and Jewkes Custom Painting, a tree and accurate copy
of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Contract for
Construction between the City of Aspen and Jewkes Custom Painting, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the Mayor or City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the/~r~OdaY of~03.~
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a tree and accurate copy of that resolution adopted by the City Council of the
City O~'Aspen, ColOrado, at a meeting held on the daY her, einabOve stated.
CONTRACT FOR CONSTRUCTION
(Short Form)
THIS CONTRACT, made and entered into on TUesday, October 14, 2003, by and
between the City of Aspen, Colorado, hereinafter called the "City", and Jewkes Custom
Painting, 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. Project. Contractor agrees to furnish all labor, materials, tools,
machinery, equipment, temporary utilities, transportation and any other facilities needed
therefore, 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 "Pro jeer').
2. Plans and Specifications; Compliance with Laws, The Project is to be
prepped, painted 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 prepped, painted 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 therefore 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, materiais and services required by this Contract, and the prepping, painting and
completion of the Project, City agrees to pay Contractor a sum not to exceed FOUR
THOUSAND EIGHT HUNDRED DOLLARS ($4,800.00) DOLLARS or as shown on
Exhibit "A".
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work therea~er diligently
and continuously to completion, and in any and all events to substantially complete the
same not late~ than Friday, October 31, 2003, 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 indemnify and hold City and City's officers,
employees, agents, successors and assigns free and harmless against all expenses and
liability suffered or incurred in connection with the claims of any such subcontractors or
material suppliers, including but not limited to court costs and attorney's fees resulting or
arising therefrom; provided that Contractor shall be excused from this obligation to the
extent that City is in arrears in making the payments to Contractor. Should any liens or
claims of lien be filed of record against the Property, or should Contractor receive notice
of any unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and discharge the same and cause the same to be released of
record, or shall furnish City with the proper indemnity either by title policy or by
corporate surety bond in the amount of 150% of the amount claimed pursuant to such
lien.
6. Releases. Contractor shall, if requested by City, before being entitled to
receive any payment due, furnish to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly receipted and
identified, covering work done and the materials furnished to the Project and showing an
expenditure of an. amount not less than the total of all previous payments made hereunder
by City to Contractor.
7. Hierarchy of Project Documents. This Contract and the Proposal or Scope
of Wc~rk appended hereto as Exhibit '~A" are intended to supplement one another. In
case of conflict, however, this Contract shall control both.
8. Changes in the Work. Should the City at any time during the progress of
the work request any modifications, alterations or deviations in, additions to, or omissions
from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and. the
same shall in no way affect or make void this Contract; but the amount thereof shall be
amortized over the remaining term of this Contract and added to or deducted, as the case
may be, from the payments set forth in Paragraph 3 above by a fair and reasonable
valuation, based upon the actual cost of labor and materials. This Contract shall be
deemed to be completed when the work is finished in accordance with the original
Proposal or Scope of Work as amended or modified by such changes, whatever may be
the nature or the extent thereof. The rule of practice to be observed in fulfillment of this
paragraph shall be that, upon the demand of either City or Contractor, the character and
valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in
writing, signed by City and Contractor, prior to performance.
9. Contractor's Failure to Perform. Should Contractor, at any time during
the progress of the work, refuse or fail to supply sufficient material or workmen for the
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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 mount of such remaining payments,
Contractor shall pay to City upon demand the amount of such excess in addition to any
and all other damages to which City may be entitled. In the event of such termination,
City may take possession of all materials, equipment and appliances belonging to
Contractor upon or adjacent to the Property upon which said work is being performed and
may use the same in the completion of said work. Such termination shall not prejudice or
be exclusive of any other legal rights which City may have against Contractor.
10. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during the time provided
for herein. However, the time during which Contractor is delayed in said work by (a) the
acts of City or its agents or employees or those claiming under Contract with or
permission from City, or (b) the acts of God which Contractor could not have reasonably
foreseen and provided against, or (c) unanticipated stormy or inclement weather which
necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by
employees or labor organizations and Which are beyond the control of Contractor and
which it cannot reasonably overcome, or (e) the failure of City to make progress
payments promptly, shall be added to the time for completion of the work by a fair and
reasonable allowance. Contractor recognizes, however, that the site of the work is in the
Rocky Mountains at a high elevation where inclement whether conditions are common.
This fact has been considered by Contractor in preparing its Proposal and or agreeing to
the Scope of Work. Furthermore, Contractor shall have the right to stop work if any
payment, including payment for extra work, is not made to Contractor as provided in this
Contract. In the event of such nonpayment, Contractor may keep the job idle until all
payments then due are received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other'expenses or purchasing any other materials for the Project,
shall proceed to inspect the work site and all visible conditions and that if, at the time of
inspection therefor, the Contractor finds that the proposed work is at variance with the
conditions indicated by the Proposal, Scope of Work, or information supplied by City, or
should Contractor encounter physical conditions below the surface of the ground of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract or inherent in
a work site located in the Rocky Mountains, Contractor shall so notify City, and City
shall at that time have 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.
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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 pr/or to the time of
cancellation. In computing such costs, building permit fees, insurance and such financing
and title charges as are not refundable shall be included; provided that supervision time,
office overhead and profit shall not be included in such costs to be refunded to Contractor
by reason of such cancellation.
12. Acceptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the Project
has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file of
record within five (5) days after the substantial completion and acceptance of the Project
a Notice of Completion. If City fails to so record the Notice of Completion within said
five (5) day period, City hereby appoints Contractor as City's agent to sign and record
such Notice of Completion on City's behalf. This agency is irrevocable and is an agency
coupled with an interest. Contractor agrees upon receipt of final payment to release the
Project and property from any and all claims that may have accrued against the same by
reason of said construction. If Contractor faithfully performs the obligations of this
Contract on its part to be performed, it shall have the right to refuse to permit occupancy
of any structures by City or City's assignees or agents until the Notice of Completion has
been recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to mutual
Contract of City and Contractor under the provisions of Paragraph 3 above.
14. Insuranee.
a. The Contractor agrees to procure and maintain, at its own expense, a policy
or policies of insurance sufficient to insure against all hability, 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 requireuuents imposed by this contract
or by law. The Contractor shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to the terms of this Contract by reason of its failure to procure
or maintain insurance, or by reason of its failure to procure or maintain insurance in
sufficient amounts, duration, or types.
b. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed in the
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such coverage
shall be procured and maintained with forms and insurance acceptable to City. All coverage
shall be continuously maintained to cover all liability, claims, demands, and other
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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 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
Workmeffs Compensation requirements of this paragraph.
2. Commercial General Liability insurance with minimum combined
single limits of FiVE HUNDRED THOUSAND DOLLARS ($500,000.00) each
occurrence and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)
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 pohcy shall include coverage for explosion, collapse, and
underground hazards. The policy shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than FIVE
HUNDRED DOLLARS ($500,000.00) each occurrence and aggregate with respect
to each Contractor's owned, hired and non-owned vehicles assigned to or used in
performance of the services. The policy shall contain a severability of interests
provision. If the Contractor has no owned automobiles, the requirements of this
Section 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 City
of Aspeffs 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 can'ied 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 insurance agent as evidence that policies providing the
required coverage, conditions, and minimum limits are in full force and effect, and shall be
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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. In addition, these Certificates of Insurance shall contain the following
clauses:
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
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 Ci~s insurer(s)
may become liable for secondary or excess coverage, the Ci~s underwriters and
insurers shall have no right of recovery or subrogation against the
Contractor. Underwriters and issuers shall have no fight of recovery or subrogation
against the City of Aspen, it being the intention of the pa~ies 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 paymeni 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 0r for
assessments under any form of policy. The insurance companies issuing the pohcy 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 the Proposer.
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Location of operations shall be: "Ali 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 immediately terminate this contract, or at its
discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith. All moneys so paid by
City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
fi City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
15. 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.
16. Notices. Any notice which any party is required or may desire to give to any
other party shall be in writing and may be personally delivered or given or made by
United States mail addressed as follows:
To City:
Troy Rayburn, Project Manager
c/o Aspen City Hall
130 S. Galena Street
Aspen, Colorado 81611
To Contractor:
Don Jewkes, Owner
Jewkes Custom Painting
141 Snowmass Club Drive
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Snowmass Village, Colorado 81654
subject to the fight of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or certified
matter, addressed as above provided, with postage thereon fully prepaid.
17. 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 Ito be
entered into by City).
18. Licensnre of Contractor. Contractor hereby represents and wan'ants to
City that Contractor is duly licensed as a general contractor or painter in the State of
Colorado, and if applicable, in the County of Pitkin.
19. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in, or be construed as establishing an
employment relationship. The Contractor shall be, and shall perform as, an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No
agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the
employee, agent or servant of the City. The City is interested only in the results obtained
under the Contract Documents. The manner and means of conducting the Work are under
the sole control of the Contractor. None of the benefits provided by the City to its
employees including, but not hmited to, worker's compensation insurance and
unemployment insurance, are available from the City to the employees, agents or servants
of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for
the acts of the Contractor's agents, employees, servants and subcontractors during the
performance of the Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY
MONEYS EARNED PURSUANT TO THE CONTRACT.
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20. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign this Contract or its rights and responsibilities under
this Contract nor subcontract to others its rights and responsibilities under this Contract,
and any attempt to do so shall be void and constitute a material breach of this Contract.
21. 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.
22. 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.
23. Waivers. No waiver by City or Contractor of any default by the other or
of any event, circumstance or condition penuitting either to terminate this Contract shall
constitute a waiver of any other default or other such event, circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
succeeding; and no failure or delay by either City or Contractor to exercise any right
arising by reason of any default by the other shall prevent the exercise of such right while
the defaulting party continues in default, and no waiver of any default shall operate as a
waiver of any other default or as a modification of this Contract.
24. 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.
25. 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.
26. Attorneys' Fees. If either party to this Contract shall institute any acti°n
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.
27. 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.
28. 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
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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, demotion or transfer; recruim~ent
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.
29. 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.
.30~ Warranties Against Contingent Fees, Gratuities, Kickbacks and
Conflict of Interest:
a. The Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon 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
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to this Contract or to any solicitation or proposal therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to the
prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the award of a Subcontract or order. The Contractor is prohibited from
inducing, by any means, any person employed under this Contract to give up any part of the
compensation to which he/she is otherwise entitled. The Contractor shall comply with all
applicable local, state and federal "anti-kickback" statutes or regulations.
31. 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 govenfing body and that before providing services, the
Contractor, if it so requests, will be advised as to the status of funds appropriated for
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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.
ATTESTED BY: CITY ~/~SP~N, C~LORADO /52
APROVED BY:
- -
ATTESTED BY: CON~R~
By:
Title:
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EXHIBIT "A'
Scope of Work
Exterior Painting: Prep / clean and paint all siding, fascia boards, soffits, cement block,
ail doors and related trim of the City of Aspen Animal Shelter, 212 Aspen Business
Center. Prep is defined as power wash all surfaces and wire brush bad siding and fascia
boards. Mask all areas not to be painted. Painting includes spray all surfaces with
Sherwin-Williams "Woodscapes" solid latex stain one coat or two coats where necessary,
one color.
Exclusions: No other items or exclusions than those previously listed.
Scheduling: To be completed by Friday, October 31, 2003.
Color: Same color that is currently used or one as close as possible.
Cost: $4,800.00 total to be paid in two installments. Amount due to start job is $2.400.
Amount due upon completion not including any extra work is $2,400.00
9.15.03.
TROY
City of Aspen
Community Development
130 S. Galena St.
E-mail Troy~ci.aspen.co.us
Ref: Animal Shelter
212 Ventor AABC
Aspen
Sub: Exterior
Troy,
As per your request I have examined the shelter building which is an abysmal state, and
during my walk around I was told the building may be scheduled for demolition, lfthis is the
case I would not recommend spending any money on it. We last looked at this structure in 1987
and it seems that very little has been done since that date.
Schedule:
Fall 2003 weather permitting or spring 2004
Product Information
Manufacturer: Benjamin Moore Paint
Color: 1 color all surfaces
Finish: Acrylic enamel low luster
Preparation
A: By occupants
1. Move debris from around building particularly stairway and deck areas~
B: By Aspen Painting
1. Color selection and order materials.
2. Mobilization equipment & materials
3. Trim trees and shrubs for access
3. Move debris west end
4. Power wash all surfaces with hot water pressure washer
5. Scrape & sand all surfaces
6. Mask all glass, clad & metal windows
page 2
Preparation
7. Mask doors
8. Drop decks & walkways
9. Spray prime all exposed wood exterior alkyd primer/sealer.
Finishing
1. Spray 2 coats all fascia, soffits, siding, trim & railing surfaces with acrylic low luster enamel.
2. Painted windows paint 2 coats acrylic enamel.
3. Doors paint 2 coats acrylic enamel
4. Inspect & detail
5. De-mask
6. Clean-up
7. De-mobilize
Investment ............................... 19,014.00
EPA Waste disposal ................ 30.00
Project total .................................................... 19,044.00
Not Included:
1. Clad or metal windows & doors
2. Underside or top east deck
3. Metal fencing
Inspection & submittal,
Roger I Moyer
Pres.
6.1/AASCA03
Aspen Paintworks, LLC
Patrick Griffin
1292 Wald Drive
Carbondale, CO. 81623
(970)963-1814
happvpat~sopris.net
Estimate for: Aspen-Pitkin County, Troy- 544-3143
Job location: Aspen-Pitkin County Boarding Kennel and Animal Shelter
Description of work:
1] Powerwash entire exterior of building
2] Scrape all loose and peeling paint from building
3] Prime all bare spots.
4] Spray entire exterior of building one coat exterior latex stain or paint.
5] Entire building including window trim, soffits, fascia, siding, etc. is to go the same
color.
6] Excludes doors.
7] Includes hand rails, but not split rail fence.
8]All materials, chairs, objects on decks and surrounding building will be removed by
tenants or Aspen- Pitkin County. If Aspen Paintworks removes these things, there will be
an additional charge of $45.00/kr.
91I would suggest picking a mid tone color, so that it will cover in one coat. There will be
an additional charge if two coats are required.
Price for labor and materials: $4500.00
Terms: 50% deposit to initiate project, 40% upon contractors notification of completion,
final 10% upon completion ofpunchlist, which is to be submitted within 10 days of
contractors notification of completion.
Thank you for allowing Aspen Paintworks to bid on your project.
09/17/2003 ll:14 FAX 9220354 SUNSET ~ TROY RAYBURN ~001
PROPOSAL
]
Job #5503 Date: September 15, 2003
Proposal submitted to: TROY RAYBURN
City of Aspen
Animal Shelter
AABC, Aspen, CO
544-3143, troyr~¢i.aspen, co.us
Job Location: Same
Submitting specification and estimates for Exterior painting: Prep and paint all siding, fascia boards,
soffits, cement block, all doors and related trim.
Prep includes: Power wash all surfaces and wire brash bad siding and fascia boards. Mask all areas not to
be painted.
Painting inCludes: Spray all surfaces with Sherwin-Williams "Woodscapes' solid latex stain one coat, two
where necessary, one color.
Exclusions: no other items than those listed above.
Scheduling: to be determined upon acceptance of this proposal.
All application of materials to be sprayed.
09/17/2003 11:14 FAX 9220354 SUNSET ~ TROY RAYBURN ~002
° ESTIMATED COSTS:
Total job estimates $4800.00
Amount due at end of two weeks work NA
*.MI extra workto be charge out at an hourly rate of $45.00
Jewkes Custom Painting has been serving Snowmass Vffiage and the Roaring Fork Valley since 1975.
References:
Alpine Property Management 3_D. Fuller 923-5860
Hunter Construction 963-8590
The Cax~tina 925-3663
G W Shaver Construction 927-7602
Laurelwood/Interlude Condominiums Bob Johnson 923-3110
Peterson Residence 0133 Fox Lane SMV
Pacific Avenue Associates 925-2089
Deerbrook Condos Coates, Reid and Waldron 923-4700
Fleisher Co. 970-925-2122
Imparato and Carr Residence Top of the Village 923-3673
All materials are guaranteed to be as specified. All work is to be completed in a worlmaanlike manner according to stan-
dard practices. Any alteration or deviation from the above or attached specifications involving extra costs will be exe-
cuted only up written orders and will become an extra charge over and above the estimated. All agreements contingent
upon weather and delays beyond our control. My company and employees are fully covered by Liability and Workmen's
Compensation Insurance.
ESTIMATES INCLUDE ALL LABOR AND MATERIALS. PA YMENTS TO BE MADE AS FOLLOWS: ONE HALF OF
TOTAL TO START. ONE HALF OF TI-tE BALANCE UPON COMPLETION OF TWO WEEKS WORK. BALANCE DUE
UPON COMPLETIONAND INSPECTION BY OWNER.
Don Jewkes
Authorized acceptance and date Authorized Signature
Please sign and return to the address above. This proposal may be withdrawn if not accepted by
September 30, 2003