HomeMy WebLinkAboutresolution.council.078-04RESOLUTION
(Series of 2004)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND BTE CONCRETE FORMWORK, LLC SETTING
FORTH THE TERMS AND CONDITIONS'RE WESTH~PKINS
TRAIL CONCRETE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a comract
between the City of Aspen, Colorado, and BTE Concrete Formwork, LLC, 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 BTE Concrete Formwork, LLC,
regarding West Hopkins Trail Concrete, 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:
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 August 23, 2004.
?
h~ ~. ~och, City
HOPKINS AVENUE TRAIL
Comprehensive Project Costs
EXPENDITURE
DE SIGN
City StaffP.M. Payroll 2004 to date
Office administration/mtgs/supplies
Consultant Fees: Survey
Total Design Costs
CONTRACTED CONSTRUCTION BID COSTS
Concrete Trail (1160 LF-6 inch, colored) 1
Attachment 'A'
Aspen Parks Department
16-Aug-04
TOTAL COST
Allow 2,269.53
Allow 929.82
Allow 9,250.00
12,449.35
LS 67,800.00 67,800.00
Subtotal Construction Costs
IN-HOUSE CONSTRUCTION COSTS
In-House Project Management 1 LS
In-House Construction Labor 1 LS
Boulder Loading time (approx 95-3' bldrs) 1 LS
Irrigation Supplies 1 LS
Stabilized Crusher Fines 1 LS
Aggregate Base Course (Class 6) 180 CY
67,800.00
1,340.00 1,340.00
28,533.00 28,533.00
625.00 625.00
1,900.00 1,900.00
1,700.00 1,700.00
10.50 1,890.00
Subtotal In-House Construction Costs
LANDSCAPE RESTORATION/PLANTING
Street Trees 1 LS
Seeding (Native) 1 LS
Mulching 1 LS
In-House Restoration Labor 1 LS
Subtotal Landscape Restoration/Planting Costs
Total Construction Estimate
35,988.00
4,700.00 4,700.00
650.00 650.00
800.00 800.00
2,600.00 2,600.00
8,750.00
76,550.00
Design
Contracted Construction Costs
In-House Construction Costs
Landscape Restoration/Planting Cost~
Total Project Cost
12,449.35
67,800.00
35,988.00
8,750.00
124,987.35
IPROJECT FUND SOURCES
City Open Space & Trails Fund
Total Fund Sources
AMOUNT
125,000.00
125,000.00
CONTRACT FOR CONSTRUCTION
(Short Form')
THIS CONTRACT, made and entered into on August 23, 2004, by and between the
CITY OF ASPEN, Colorgdo, hereinafter called the "City", and BTE CONCRETE
FORMWORK, LLC, hereinafter called tho"Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein
contained, and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,
tools, machinery, equipment, temporary utilities, transportation and any other facilities
needed therefor, and to complete in a good, workmanlike and substantial manner the
Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit
"A" which is incorporated herein as if fully s'et forth (the "Project").
2. Plans and Specifications; Compliance .with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or
Proposal appended hereto for the same approved in writing by the parties hereto. The
Project shall also be constructed and completed in strict compliance with all taws,
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
3. Payments to Contractor, In consideration of the covenants and Contracts
herein contained being performed and kept by Contractor, including the supplying of all
labor, materials and services required by this Contract, and the construction and
completion of the Project, City agrees to pay Contractor a sum not to exceed Sixty-
seven thousand eight hundred ($67,800.00) 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 thereafter
diligently and continuously to completion, and in any and all events to substantially
complete the same not later than September 24, 2004, 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 colmection 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 Work 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.
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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
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 davs from receipt of sucia
notice, terminate this Contract and provide the necessary material and workmen to
finish the work and may enter upon the Property for such purpose and complete said
work. The expense thereof shall be deducted from the payments remaining under
Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such
remaining payments, Contractor shall pay to City upon demand the amount of such
excess in addition to any and all other damages to which City may be entitled. In the
event of such termination, City may take possession of all materials, equipment and
appliances belonging to Contractor upon or adjacent to the Property upon which said
work is being performed and may use the same in the completion of said work. Sach
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 worl< 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
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terminate this Contract or to instruct Contractor to continue the work and add the
additional amount attributable to such unforeseen conditions to the payments due
ContractOr as set forth above.
It is agreed that in the event of'any cancellation by C:,ty in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such'costs, building permit fees, insurance and such
financing and title charges as are not refundable shall be included; provided that
supervision time, office overhead and profit 'shall not be included in sUCh costs to be
refunded to Contractor by reason' of such cancellation.
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. Insurance.
a.. The Contractor agrees to procure and maintain, at its own expense, a
policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Contractor pursuant to the terms of this Contract.
Such insurance shall be in addition to any other insurance requirements imposed by this
contract or by law. The ContractOr shall not 'be relieved of any liability, claims, demands,
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
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Supplemental Conditions. If the Supplemental Condkions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such
coverage shall be procured and maintained with forms and insurance acceptable to City.
All coverage shall be continuously maintained, to cover all liability, claims, demands, and
other obligations assumed by the Contractor pursuant to the terms of this Contract. In the
case of any claims-made policy, the necessary retroactive dates and extended reporting
periods shall be procured to maintairr such continuous coverage.
1. Workmen's Compensation insurance to cover obligations imposed
by applicable taws for any employee engaged in the performance of work under
this contract, and Employers' Liability insurance with minimum limks of ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident, ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) disease - policy iimit, and
ONE HUNDRED THOUSAND DOLLARS ($100,000.00) disease each
employee. Evidence of qualified self-insured stares may be substituted for the
Workmen's Compensation requirements of this paragraph.
2. Commercial General Liability insurance with minimum combined
single limits of ONE HUNDRED THOUSAND DOLLARS ($100,000~00) each
occurrence and ONE HUNDRED THOUSAND DOLLARS ($!00,000.00)
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 coatractors,
products, and completed operations. The policy shall include coverage for
explosion, collapse, and underground hazards. The policy shall contain a
severability-of interests provision.
3. Comprehensive .Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than
ONE HUNDRED THOUSAND DOLLARS ($100,000.00) each occurrence and
ONE HUNDRED THOUSAND DOLLARS ($100,000.00) aggregate with
respect to each Contractor's owned, hired and non-owned vehicles assigned ro or
used in performance of the services. The policy shall contain a severabilky 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 Aspen's officers and employees as additional hnsureds. Every policy required
above shall be primary insurance, and any insurance carried by the City of Aspen, its
officers or employees, or carried by or provided through any insurance pool of the City
of Aspen, shall be excess and not contributory insurance to that provided by Contractor.
No additional insured endorsement to the policy required above shall contain any
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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 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,
tern~nated or materially changed until at least thirty (30) day~ 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.
The insurance companies issuing the policy Or policies shall have no recourse
against the City of Aspen for payment of any premiums or for assessments under
any. form of policy.
Any and all deductibles in the above-described insurance policies shall be assumed
by and be for the amount of, and at the sole risk of the Proposer.
Location of operations shall be: "Ali operations and locations at which work m
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 limks 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 ~nay pay any and all premiums in connection therewith. A1! 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.
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f. 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, subsidc:nce, 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 (t0%) 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 writhag and may be personal!y delivered or given or made by
United States mail addressed as follows:
To City:
Rebecca Weibel-Hodgson, Purchasing Officer
City of Aspen Parks and Recreation Department
130 South Galena Street
Aspen, Colorado 81611
To Contractor:
Terry Ostrom, General Manager
BTE Concrete Formwork, LLC
P.O. Box 1944
Gtenwood Springs, Colorado 81601
subject to the right 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.
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17. Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior ro final
acceptance of the work with City.
(b) Contractcr shall schedule and cause to be performed ail corrective activities
necessitated as a result of any .deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to
be entered into by City).
18. Licensure of Contractor. Contractor hereby represems and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado,
and if applicable, in the County of Pitkin.
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, bm not limited to, worker's compensation insurance and
unemployment insurance, are available from the City to the employees, agents or servants
of the Contractor. The Contractor shall be solely and entirely responsible for its acts and
for the acts of the Contractor's agents, employees, servants and subcontractors during the
performance of the Contract.
TIlE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS A~ND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY
MONEYS EARNED PURSUANT TO THE CONTRACT.
2t). 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.
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22. Entire Contract. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes ail 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 permitting either to terminate this Contract
shall constitute a waiver of any orl~er 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 parry' 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. Nc) remedy conferred on either party to tlais
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 oz'
equity shall be Pitkin County.
26. Attorneys' Fees. If either party to this Contract shall institute any action
or proceeding to enforce any right, remedy or provision contained in this Contract, the
prevailing party in such action shall be entitled to receive its attorneys' fees in
connection with such action from the non-prevailing part3/.
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 Vier Nam era veteran. The Contractor will take affzrmative action to insure
that appIicants are employed, and that employees are treated during employment without
regard to the/r 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, demotitm or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
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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 Vilhge shall have any interest, direct or
indirect, in tiffs Contract or the proceeds thereof.
30. Warranties Against Contingent Fees, Gratuities, IGckbacks 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 maintaiv~ed 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.
It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf ora Subcontractor under a contract ro 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 m 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 governing bodY and that before providing services,
the Contractor, if it so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which.
funds have not been appropriate.
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IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
RECOMMENDED FOR APPROVAL'
~nee~a~rtment
APPROVED AS TO FORM:
By:
C-C~t~n4y -
ATTESTED BY:
CONTRACTOR:
By: ~~~'~,0~
Title:
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If
a partnership, the Contract shall be signed by a Principal and indicate title.
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C,:F. RT)F~CATE OF )N CORPORATION
(To be completed if Contractor is a Corporation)
STATE OF )
)ss.
COUNTY OF )
On this day of
me appeared
personally known, who, being by me first duly sworn, did
,19 ., before
to me
say that s/he is
of
and that
the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in behalf of said corporation by
authority of its board of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate
first above written.
Notary Public
Address
My commission expires:
Page: 17,
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P~OtECT NO:
~ DAT~:
PROIRCT:
PROPOSAL SIS-BMiTT~D
BrD PROPOSAL POPdM
2004-05~
An~zsr ! 0~ 2004
West ~op~ns Trnfl Concrete
CON~CTOR
Exhibit 'A'
C ONT!L~kCTOR' S PROP OSAJ_
TO: The Govermng Body of the City df Aspen, Colorado
The undersigned responsible bidder declares mud stipulates that this proposal is made m~ ~ood f~th,
without collusion or co~ecrion with ~y other pe~on or.oe~ons bidd~g for the same work, and
that it is made ~ p~su~ce of ~d snbiect tb all the te~s ~d conditions of the adverdsemenz for
bid. ~he invitation
, an~ recuesr fOf bid. al~ the reqmrements
pi~.s and spec/icarions fbr this bid, all of which have been read and ex,ned p~or to si~amre.
The bidder a~ees to keep tMs bid open for SJ~; (6~) consecutive calendar days ~om the
date of bid opemng.
The C,;nrractor a~ees that ~--< , +:
~ ~,~,~m.,c~on shall scarf immediately following a mandatory pre-
cons:ruction conference held by t~he P~ks Dep~ent, wMch also constitutes the Notice ro
Proceed. Submission of th_is proposal will be taken by the City qf.gzpen as a bLndinz covenant that
the Contractor wilt f:mistk consmaction within the time spec/fled in the Special Co~tions of this
contract doom-neut.
The City of Asoen reserces the n~int~ to make the award on the basis of the bid deemed most
favorable :o the City, to waive any inz%nnaHti.es or to reject any or ail bids.
The City shall nor pay the Contractor for de£eczive work and/or for repairs or %ddi~5onaI work
required for sttccessz-hI completion of the oroiecn All work not specifically set foxh as a pay item
in :he bid form shal] be considered a subs/d/ar7 obligation of the Contractor and ali costs in
'connection there,a,ith shall be included in :he pr/cos bid for the various items of work. Prices shall
include ail coszs in connection with .¢arnislning the oroper and success completion .of the work,
including 5arnishing 'al! tauteN'als, equipment and too~, -and pe~orming ail labor and suoe~ismn to
fully complete the work to the City's satisfaction.
Poor qu'aL/ty and workmanship shall ncr be paid for by the CiW. Such work product must be
removed immed/ate!y and re'olaced properly ar no cost to the City.
gZ] quantities stipulated in t~ie bid form at unit prices are amoroximate and are to be used only as a
basis for esdmatdmg the orobabIe cost of work and for the p"~pose of comparZmg ~e bids submitted
to the City. The basis of payment shall be the actual amount ofmate~als -Uzr?.Jshed an~-~vork done.
lie Contractor a~ees
~ ~-'.~ for
~cmni of work actually pe:fo~ed
work.
~, ~- .= ~s= ' ' = Lncrease or decrease due ~om~ of ~ork ~o be done on the b~s of the
...... of ~6 mt~ bid.
' am~ ~nc~ mhd u~ to pius or
z ae~ e~¥ ac~nowledae recei-ot of ~ .~DDEN ~-DO~-Vi(s) r, mmbemss
L'S t
SF 8,400
LF 50
PRoC ~
$ '?000,0o ~
$ 4,o,oo '$
COST
'7ooo,
I ac~owledge thai ia sub~ing~ ~s bid it is ~mderstood fi~at ~e 5ght to ~-=;~=o+ any and all bids has
oe~n reserved by the o~er.
Authorized Officer:
Full name sig-natmre:
Cornpmny address:
Telephone nmmber:
Fax number:
Attested by:
:7¸
/
Address:
, Phone
Ser,/icz or .Product:
Name:
Address:
· Phone .'g: ~
SeB;ice or ~roduc[:
2x~z m e :
Address:
. Phone