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HomeMy WebLinkAboutresolution.council.055-94 :~... ..~ fA ., ~.'_... '~. RESOLUTION NO. s..s- Series of 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONSTRUCTION CONTRACT BETWEEN ASPEN EARTHMOVING, LLC AND THE CITY OF ASPEN, COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a construction contract between Aspen Earthmoving, LLC and the City of Aspen, a true 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 construction contract between Aspen Earthmoving, LLC and the City of Aspen, 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 agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 21' day of ~ ' 1993. ~,;, (7~>-V-- I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Aspnerth.rcs (A. ., ASPEN EARTHMOVING, LLC P.O. BOX 325 SNOWMASS, CO. 81654 303-927-4744 PROPOSAL: May 11, 1994 proposal Submitted To: Work To Be Performed At: ====================================================================== RE: Fire Hydrant Replacement TO: City of Aspen Water Department Attn: Phil Overeynder ====================================================================== We are pleased to submit our proposal for fire hydrant replacements within the City of Aspen. We have inspected each station; and have made the following assumptions. 1) 2) i_. - 3) 4 ) 5) 6 ) 7 ) All hydrants are 7-8' bury. Native material is to be placed back into the trench except where street requirements (under asphalt or concrete) prevail. ' Street light removal and replacement by the City of Aspen. No additional piping required to set hydrants. Valves are at all hydrant locations. No major utility conflicts. Individual street cut permits required. Our cost estimates for each hydrant as follows: Cost Fire Hydrant * Location ------------- *780 jl433 H21 H92 *293 *962 *961 *960 *981 *980 *776 *787 *788 N.E. corner Hyman & Aspen N.E corner 3RD & Francis N.E corner 6TH & Smuggler Roaring Fork Road Red Butte & Sage Ct. Neal & Gibson Gibson & King Park Circle Midland & Ardmore Park & Dale Ave. S.W. corner E. Hopkins & Original N.W corner E. Hyman & Cleveland East End of East Hyman Total $ 2,900 $ 1,700 $ 1,700 $ 1,700 $ 1,700 $ 1,700 $ 1,700 $ 1,700 $ 2,300 $ 1,900 $ 3,400 $ 2,200 $ 3,750 $28,3510 ~ All hauling prices reflect the current weight limits imposed by ~ various local governments for county, village, and subdivision roads. We anticipate this work will be completed by Spring, 1994. It is understood and agreed that if the work is performed at some other Page 2 '... " time, the price quoted is subject to change relative to conditions such as scheduling, weather, supplier price changes, insurance costs or any other changes effecting the cost of our operations. We will submit a bill for the above work, in part or in full, by the 25th of the month which is to be paid by the lOth of the month. 2 1/2% interest per month will be added to overdue accounts without exception. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner is to carry fire, disaster and other necessary insurance upon above work. Workmen's Compensation and Public LIABILITY insurance on above work is to be taken out by Aspen Earthmoving, LLC. contractor's signature on this proposal indicates agreement with general quoted quantities and measurements. Any actual substantial overage from specified amounts will be treated as a change of conditions which may warrant a change order and price alteration. Any legal fees or other expenses, including service charges that may be incurred in the collection of any monies owed to Aspen Earthmoving, LLC for the above work, or any associated extra charges, will be added e to th~ cost o~ t~e work performed. . Blastlng, spll ttlng of rocks encountered and special rock handling, including rock in excess of 1/2 cubic yard or ill ledges 4 or more inches thick, shall be charged out on a time and material basis. In case underground water is encountered, dewatering the site shall be done on a time and material basis. Public utility locates are required prior to commencement of work. Aspen Earthmoving, LLC is not responsible for the cost of repair of any private utility line breaks that have not been shown or located by Owner/Contractor. Included is damage to anything that is buried. Accepted By: Respectfully Submitted, Aspen Earthmoving, LLC ) Da:t!e : i/' (I . ,j 1/// / q II ! f f By: /IJ1o~ , e '.. \% '4.. ~ '. e' j\\ '. ~'< '1,',< SERVICE AGREEMENT TIllS ~~ "'" ')'2.~ lo.d. . by @d """"" the City of ""'" ("City") and ("~on~ The Project is: Fire HYdrant~acement The Architect is: City of Aspen Water Department WITNESSETH, that whereas the City wishes to purchase the services described hereinbelow and Contractor wishes to provide said services to the City as specified herein. NOW THEREFORE, in consideration of the following covenants, the parties agree as follows: ARTICLE 1 THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of this Service Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, SpecifiC',ations, the City's Request for Qualification Statements, Contractor's Qualification Statement, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreem~nt or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents is inconsistent with this Agreement, this Agreement shall govern. ARTICLE 2 THE WORK OF TIIIS CONTRACT 2.1 The Contractor shall execute the entire Work of this contract which is described as follows: The City of Aspen Water Department is requesting bids for the replacement of 13 fire hydrants. One fire hydrant is to be removed and not replaced. The fire hydrants being replaced are Pacific States two-barrel hydrants. The Pacific States are being replaced with Mueller Centurion Hydrants. 1 ~ q., ~a.. .. (fa The following is a list of the hydrants that will be replaced. HYDRANT NO. LOCATION 780 431 421 491 293 962 961 960 981 980 776 787 788 N.E. Corner of Hyman and Aspen N.E. Corner of Third and Francis N.E. Corner of Sixth and Smuggler Roaring Fork Drive Red Butte and Sage Court Neal and Gibson Gibson and King Park Circle Midland and Riverside and Park Avenues S.W. Corner of E. Hopkins and Original N.W. Corner of E. Hyman and Cleveland East End of East Hyman The City of Aspen will provide the new Mueller Fire Hydrant, mega-lug retainers, washed rock, polyethylene material and any piping, valves or valve boxes that may need replacing. Materials will be stocked at the Water Treatment Plant. Contractor is responsible for delivery to the job site. The Contractor is to provide all equipment, labor, traffic control and all surface restoration materials required to replace the fire hydrants and return the disturbed areas to its original or better condition. The restoration will include any sidewalk, street, curb and gutter, landscaping and irrigation system repair and/or replacement. Old hydrants and spoils must be taken to the Aspen Water Department for disposal.. All surface restorations involving public right-of-ways shall be restored to meet all City Code requirements. The Contractor is responsible for obtaining all related permits for this work. HYDRANT INSTALLATIONS All provisions of AWWA Standard C600-93, Installation of Ductile Iron Water Mains and Their Appurtenances shall be followed. . INSPECTION PRIOR TO INSTALLATION All hydrants shall be inspected by the contractor prior to installation. Specifications to be checked during initial inspection include: > > > Direction to open/close (open left) Size shape of operating nut Depth of bury 2 ~. ~., t-.. ~. e,'. ,\, ~ The hydrant shall be cycled to "full open" and "full closed" position to ensure that no internal damage or breakage has occurred during shipment and handling. All external bolts shall be checked for proper tightness. After inspection, the hydrant valves will be closed and the outlet nozzle caps replaced to prevent the entry of foreign matter. . INSTALLATION Install hydrants plumb. Install. hydrants away from the curb line at a sufficient distance to avoid damage from or to vehicles. A setback of two feet from the curb line to a point on the hydrant nearest the curb is required. The pumper outlet nozzle shall face the street. When setting the hydrant, a firm footer such as a stone slab or concrete base plate set on "firm ground" will be used to prevent settling and strain on the latera1line joints. All mechanical joint fittings shall incorporate a "mega-lug" retainer. The retainers will be provided by the City. Installation procedures shall follow factory recommendations. All hydrants shall have a poured-in-place concrete thrust block. Thrust blocks shall be braced against sufficient area of undisturbed soil at the end of the trench. The Minimum Bearing Surface Area for the thrust block shall be three square feet. When pouring thrust blocks, care shall be taken not to plug or block the drain holes. Thrust blocks shall be constructed on all hydrants. Care shall be taken not to block outlets or to cover bolts, nuts, clamps or other fittings or to make them inaccessible. A bond breaker shall be placed between the pipe and the thrust block to aid in ease, of future removal. The attached drawing shows sizes and shape of kickblocks. Bearing surface areas are minimum areas to bear against the undisturbed trench wall. If, in the opinion of the Water Department, the soil bearing capacity is not sufficient to provide adequate restraint based on minimum bearing areas shown on the drawings, then the minimum bearing area shall be increased to a size that will ensure adequate restraint. In every instance, the thrust block shall bear against undisturbed earth. When it is impossible, through over excavation or other cause, to pour a thrust block against undisturbed earth, harness rods shall be required to anchor the fittings to the main. Before placing concrete, all equipment for mixing and transporting the concrete shall be clean. All debris, water or ice shall be removed from the place to be occupied by the concrete. Concrete shall not be placed on frozen sub grade. Concrete shall be placed only in the presence of the Inspector unless inspection has been waived prior to the placement. Form Workfor Thrnst Blocks: An forming for concrete thrust blocks and anchors will be done by bulkheading around the shape of the thrust block or anchor with wood, burlap, or reinforced 3 -. '. e, Wi \i. '<.~ (a.' ., --- paper sacks filled with sand or earth. Sacks shall be of a size easily handled when full, and shall be left in place in the trench. Wood forms shall be removed before backfilling. If the hydrant must be placed immediately into service, harness rods may be used in lieu of thrust blocks or concrete blocks may be used to form up thrust blocks. Concrete blocks shall be of such design as to support the thrust until the concrete has set and shall not be considered a substitute for the concrete thrust block. No horizontal struts or braces required for trench shoring shall remain in the concrete thrust blocks. Prior to placing concrete, the forms and ditchbank shall be inspected and approved by the Water Department. When concrete is deposited against ground without the use of forms, the ground shall be thoroughly moistened or other provisions made to prevent the ground from drawing water from the concrete. Minimum Curing Time: Newly placed concrete shall be allowed to set, undisturbed, for a minimum of 24 hours. Compaction of PiU Over Thrust Blocks: Backfill may be placed over thrust blocks once the surface has set sufficiently to resist the weight of the backfil1. However, no tamping or compacting shall be allowed above the thrust block for a minimum of 24 hours after placement. Drainage shall be provided at the base of the hydrant by placing washed rock from the bottom of the trench to at least 12 inches above the barrel flange of the hydrant, and to a distance of 12 inches around the elbow. The minimum distance from the bottom of the trench to the bottom of the hydrant elbow shall be six inches. The minimum amount of washed rock placed shall be one third cubic yard. The drainage rQCk is to be covered with a layer of polyethylene sheeting to exclude backfill material from voids in the rock. . Compaction of backfill material will achieve a 95 % proctor density. . TESTING Contractor shall test all hydrants after installation. 1. Open the hydrant fully and fill with water; close all outlets. 2. To prevent caps from being blown off, and to prevent other possible damage, vent air from the hydrant by leaving one of the caps slightly loose as the hydrant is being filled. After all air has escaped, tighten the cap before proceeding. 3. Apply pressure of 150 psi maximum -- City water pressure will suffice. 4. Check for leakage at flanges, nozzles, and operating stem. 4 (fill. ., e, \t '\ ''l' ''<, 11_'. ' ~% : 'cQ 5. Report all leakage or operational problems to the Water Department. . DRAINAGE TEST 1. Following pressure test, close hydrant. 2. Remove one nozzle cap and place palm of hand over the nozzle opening. 3. Drainage rate should be sufficient enough to create a noticeable suction. * IF HYDRANTS DO NOT PROPERLY DRAIN, THE CONTRACTOR SHALL EXCAVATE THE HYDRANT AND REMEDY THE PROBLEM. . ACCEPTANCE BY THE CITY The City shall inspect each hydrant for proper installation, operation and surface restoration. ARTICLE 3 RELATIONSHIP OF THE PARTIES 3.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers, materials, equipment and supplies; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4.1 The date of commencement shall be Substantial Completion of the entire Work within and the Contractor shall achieve 5 ,It.. \\ """ -- .'It' f4.J: . I' A:<. ARTICLE 5 GUARANTEED MAXIMUM PRICE 5.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed . Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price, Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner unless formally accepted by the owner via change orders. ARTICLE 6 PAYMENT TO CONTRACTOR 6.1 Contractor can be paid in one lump sum at the completion of the project, or, be paid on the portion of work completed. Proportional payment shall be based on the Maximum Bid Price divided by the 14 hydrants being replaced. Contractor must have each hydrant inspected and accepted by the City prior to issuance of payment. 6 lfA t. Ie'.. \% ~; '< ",a \. 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 signatures. City of Aspen: } By: Contractor: /A-- , City Manager By: Title: Reviewed by: Phil Overeynder, Director of Water 7 $11t. (\, "<,;, v. ~- ,a. \'. UNDISTURBED SOIL 11ft 22{. 450 AND 90" BENDS BONO BREAKER ::':~:~ ,,~,~':':;:. ~.: ~ ~'.\ : }~:': i::'~\":..:~; ;.~ :~~ .~':. . _. BEARING SURFACE UNDISTURBED SOIL TEE NOTES I - BEARING SURFACES SHOWN IN CHART ARE MINIMUM. 2 - BASED ON 150 PSI INTERNAL pfPE PRESSURE PLUS WATER HAYMER. 4".6': 8" AND 12" WATER HAMMER'IIO P.SJ. . 16'~20" AND 24" WATER HAMMER' 70 P.S.I. 3- SEE SECTION 6.43 AND SECIION B.20 OF THE ENGINEERING STANDARDS. 4- BASED ON 3,000 psI SOIL BEARING CAPACITY . 5 NA' NOT APPLICABLE. , / BOND 0: "'0 III II> '" ::> .... II> o :z ::> BREAKER \ BEARING SURFACE , DEAD END BEARING SURFACE / BONO BREAKER, ~ ci d ..j,., ,.".-:..;,,- ,; . '0:. .....:....;;. . +- \::::.:~? lj . :.~ .. ':...,.':: . ...A..... ".".:%: . 'UNDISTURBED SOIL BEDDING MATERIAL TYPICAL CROSS SECTION MINIMUM BEARING SURFACE AREA (IN SQUARE FEETl SIZE B E N D 5 TEE OR OF 111;: 221;20 " 450 90" DEAD ENC PI PE 4" 1.00 1.00 1.00 NA 1.50 6" 1.00 1.25 2.25 HA 3.00 e" 1.00 2.00 4.00 HA 5.25 12. 2.zs 4.50 e.TS HA 11.25 16t. 3.75 7.50. 14.50 27.00' 19.00 20. 5.00 10.00 19.50 35.50 25.00 24" 7.00 14.00 27.75 51.00 36.00 ., J ~- '\1 ~, fe, ~~ . '" ~'" ,P.;'ft'" '0 ] 'it", 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 to 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. Pavment. In consideration of the services provided, City shall pay Contractor the amounts set forth in the Service Agreement. 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 Recreation Department no later than the 5th day of each month. 3. Non.Assignability. Both parties recognize that this contract is one for ~e:'sQnal 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 Contractor of any of the responsibilities or obligations under this agreement. Contractor shall be and remain solely responsible to 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 to be an agent or employee of the Contractor 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 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 termination. J The City shall have the right to terminate the Service Agreement upon three (3) days notice if Contractor fails to comply with the terms and conditions set forth in Sections 1,3,5,6,7, 10, 13, 14, 16, 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 to cure and failure by Contractor to so cure. tel.. . -", ", e".'. ',,':. '\~ e,.,.... '9. " 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 withhold 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 Con~ractor may be determined. 5. Covenant Ae:ainst Contingent 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 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 this contract. For a breach or violation of this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 6. Equipment. Materials and Supolies. Unless otherwise agreed to 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 to be provided in accordance with the Service Agreement. 7. Contract Monitorinl!. Contractor agrees to allow City to reasonably monitor the services to be provided in accordance with the Service Agreement. 8. Indeoendent 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. 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 ofthe 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, wo'rkers' 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 contract. Contractor shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to 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, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness; disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Service Agreement, 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 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 2 tA \., !llt t. '~ ~e,....' \z, \:l" 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 all 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 j udginent of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Contractor for the portipn 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 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 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' 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 Workmen's Compensation requirements of this paragraph. (c) If the Service Agreement requires any insurance in addition to that referenced above at subsections (a) 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 all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 9 above. In the case of a,ny 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 to include. the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and ~ny 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 Contractor. No additional insured endorsement to the policies required above shall contain any exclusion for bodily injury or property damage arising from compleled operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. ) I~e..', '{\ ~ -*..'... ~, " -. ~. (e) The certificate of insurance provided by the City shall be completed by the Contractor'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 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 at least thirty (30) days prior written notice has been given to the City. (f) Failure on the part of the Contractor to 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 ,to 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 $400,000 per occurrence) or any other rights, immunities, and protection 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. 11. 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 ClRSA 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 to specifiC coverages offered by CIRSA. City shall 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 parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Service Agreement. 13. Certification Regarding Debarment. Suspension.. Ineligibility. 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 voluntarily 'excluded from participation in any transaction with a Federal or State department or agenlcy. 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 to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 4 - ....... e'l ~, ~m 14. Warranties Against Contingent Fees. Gratuities. Kickbacks and Conflicts ofInterest. 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 commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling 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 part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal 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, di,rect or indirect, in the Service Agreement or.the proceeds thereof, except those that may have . been disclosed at the time City Council approved the execution of the Service Agreement. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 3. Cancel the Service Agreement without any liability by the City; Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and Recover such value from the offending parties. 1. 2. .~, 4. ... 15. Termination for Default or for Convenience 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 contingent 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 Agreement requires the City to pay an amount ,'of money in excess of $25,000.00 it shall not be deemed valid 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 certifled mail, return receipt requested to the respective person or address listed for the Contractor in the Service Agreement. 5 nereUl allu lIldl a.1Ll.-l vA..........UU'V.. ...... ~.~~.~. ~ '-' 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. 6 ,{ ~