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HomeMy WebLinkAboutresolution.council.060-05RESOLUTION # (Series of 2005) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND LK SURVEY SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF A LARGE SCALE FORMAT SCANNER AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and LK Survey, 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 LK Survey regarding purchase of a large format scanner, 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. 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 8, 2005. Kat~q S. I~och,-City Clerk City of Aspen Engineering Department City Project Number: 2005-036 BID DOCUMENTS & PROCUREMENT SPECIFICATIONS for: Engineering Plan Copier Replacement OPENING: August 1,200 ~ 3:00 P.M. For further Information, call (970) 920-5080 130 S. Galena Street Aspen, Colorado 81611 (970)920-5080 FAX(970)920-5081 TABLE OF CONTENTS Bid # 2005-036 Part One - Invitation to bid Part Two - Instruction to bidders - Addenda, if produced by the City Part Three - Contract specifications - Bid proposal - Certificateofincorporation - Noticeofaward Part Four - Contract for procurement - Notice to proceed Part Five - Manufacturer's product certification(s), technical references, supplementary information (furnished by bidder) TOC-2005-036 INVITATION TO BID Sealed bids will be received by the City of Aspen Engineering Department, 130 Sobth Galena Street, Aspen, Colorado, until 3:00 pm, August 1, 2005, and will be publicly opened and read for the following procurement project: 1. Plan Copier 2. Large format map and plan scanner for all printed media Complete Bid Packages are available on July 15, 2005, from the Engineering Department, 130 South Galena Street, Aspen, CO 81611. The City reserves the right to reject any or all Bids or accept what is, in its judgment, the Bid which is in the City's best interest. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all Bids submitted. The Bid must be placed in one envelope securely sealed and labeled: City Bid Number: 2005-036 for En.qineerin.q Plan Copier Replacement, and addressed to: City of Aspen Engineering Department 130 South Galena Street Aspen, Colorado 81611 In addition to pdce, the criteria set in the Instruction to Bidders and any specific criteria listed in the bid documents may be considered in judging which Bid is in the best interests of the City. [, INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION PROJECTS ~' Bid Number 2005-036 ~ The City of Aspen has advertised to invite Bidders to submit sealed Bids for a procurement project which is fully described in the Contract Documents accompanying these instructions. The following instructions have been prepared to assist Bidders in the preparation of their Bids. The Contract Documents for this project shall consist of the following documents: B. C. D. F. H. I. Invitation to Bid (Public Notice). Instructions to Bidders. Bid Proposals Addenda, if any. Specifications. Notice of Award. Contract for Procurement. Information contained in the Contract Documents, as completed during the bidding and contract award process, shall be the basis for the bids, and nothing shall be deemed to change or supplement this basis except for written revisions to the above documents issued by the City of Aspen. The City of Aspen reserves the right to reject any or all bids or accept what is, in its judgment, the best bid. The City further reserves the fight, in the best interests of the City, to waive any technical defects or irregularities in any and all bids submitted, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. The cost of bid preparation shall be borne solely by the persons or entities submitting bids. The following procedures or steps shall be followed after the issuance or publication of Invitation for Bids: Reference is made to the Invitation for Bids to determine if a pre-bid conference will be scheduled, and if so, where and when. If a pre-bid conference is scheduled, attendance at the pre-bid conference is mandatory unless prior authorization is given by the Bid Coordinator. The costs of attendance at a pre-bid conference shall be borne entirely by the Bidder. Reference is made to the Invitation for Bids to determine how complete Bid Packages may be obtained. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site, if any, to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, roles and regulations that may in any manner affect costs, progress or performance of the Work; (d) familiarize himself with the unique weather conditions of the City of Aspen and surrounding area that may affect costs, progress or performance of Work; and (e) study and carefully correlate Bidder's observations with the Contract Documents. Reference is made to the Contract Specifications and the Invitation for Bid for the identification of those specific requirements of the project or otherwise affecting cost, progress or performance of the Work which have been relied upon by the City of Aspen. These specifications supersede the general requirements in the Contract Documents. Before submitting the Bid, each Bidder will, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. Reference is made to the Invitation for Bids to determine the place, date, and time for delivering sealed Bid proposal for this project. Bids shall be submitted at the time and place indicated In the Invitation for Bids and shall be included in an opaque sealed envelope, marked with the Project title, Bid Number, and name and address of the Bidder. If the Bid is sent through the mall or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. Bids submitted by facsimile machine (FAX) shall not be accepted or considered. Bid Proposal Forms, as required, must be completed in ink or by a printer/typewriter. The Bid price must be stated in words and numerals; in case of a conflict, words will take precedence. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership named and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. No Bid may be withdrawn for a period of sixty (60) days after the date fixed for opening of bids. At the place, date and time fixed for opening bids, all bids received prior to that time shall be publicly opened and read aloud. All bids shall remain open for a period of thirty (60) days, but the City may, in its sole discretion, release any Bid and return the Bid Security prior to that date. The City shall then evaluate each bid in the best interests of the City of Aspen. The bids shall be evaluated to determine which are the lowest responsive and responsible bids. In making that evaluation, total price, the evaluation criteria set forth in the Invitation for Bids, and the following specific criteria shall be considered: The ability, capacity and skill of the bidder to perform the contract or provide the Service promptly, or within the time specified, without delay or interference; The character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. The quality of performance of previous contracts; The previous and existing compliance by the bidder with laws and ordinances relating to the contract; The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the Service; Any other criteria for evaluating Bids set forth in the Invitation for Bids. Prior to accepting a bid, the City may decide to interview one or more bidders to negotiate final contract terms for inclusion in the contract. 10. 11. 12. Upon determining the successful bidder, the City of Aspen shall send to the successful bidder a Notice of Award notifying the recipient of the City's acceptance of the bidders proposal, subject to City Council or City Manager approval of the Contract Documents. The Notice of Award shall also forward to the presumptive successful bidder three (3) unexecuted copies of the Agreement with instructions to execute and return the same to the City within seven (7) consecutive calendar days or risk having their bid declared abandoned. If the City Council approval is required pursuant to Section 3- 11 of the Aspen Municipal Code, then the City Council at its next regularly scheduled meeting following receipt by the City of the duly executed copies of the Contract for Construction shall be asked to consider approval of the Agreement and authorize the City Manager of the City of Aspen to execute the same. If City Council approval is not required, then the Contract for Construction shall be executed by the City Manager. All purchases of materials and equipment shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The City of Aspen's State o£ Colorado tax identification number is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563. There are specific indemnity and insurance requirements which the Successful Bidder must comply with prior to the start of this project. These requirements are set forth in detail in the General Conditions. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of these instructions and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. Reference is made to the Invitation for Bids for the identity of the City of Aspen's Bidding Coordinator who will coordinate all aspects of the bidding and awards process. All questions about the,meaning or intent of the Contract Documents shall be submitted to the Coordinator in writing. Replies will be issued by Addenda mailed, faxed, or delivered to all parties recorded by the Bidding Coordinator as having received a Bid Package. Questions received less than seven (7) days prior to the date of Bid openings may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All City procurements, source selection, contract formation, legal and contractual remedies, and standards of conduct relating to procurements with the City of Aspen are subject to the City's Procurement Code, Chapter 43 of the Municipal Code. CONTRACT SPECIFICATIONS ENGINFERING PLAN COPIER REPLACEMENT (Bid Number: 2005-036) PART ONE GENERAL & ADMINISTRATIVE TERMS: 1.0100 GENERAL 1.0101 Clarification of Terms: These Contract Specifications are intended to specify and provide additional description, clarification, or conditions that are applicable to this Contract. These Contract Specifications amend or supplement the General Terms of the Procurement Contract and other provisions of the Contract Documents as indicated below. 1.0102 NOTICE OFAWARD: Notice of award is issued by the Engineering Department to merely allow the contractor to complete the contract paper work and submit for approval by the City Council of the City of Aspen. This notice does not establish any agreement regarding the approval or grant of a procurement contract. 1.0103 NOTICE TO PROCEED: Notice to proceed informs the contractor of a granted procurement contract and allows the contractor to perform under the granted contract. Contractor shall pay close attention to this administrative process and shall not confuse "notice of award" with "notice to proceed". 1.0104 Sub-contractors and Suppliers: Contractor shall identify in his/her sealed bid the name and address of all Subcontractors, Suppliers, and other persons or organizations that will furnish the principal items of materials, equipment or labor for this project. 1.0200 CONTRACT TIME 1.0201 A written "Notice of Award"will be issued by the City if the verified qualifying bid remains within the budgetary limits. The Contractor shall deliver to City Engineer, three signed "Contract For Procurement" and "Certificate of Incorporation" forms on or before ~0:00 a.m., August 2, 2005. Project work shall start within five (5) consecutive calendar days of "Notice to Proceed". 1.0202 The Contractor shall execute the work with due diligence and shall fully complete in every detail of the work to be done under this Contract within Twenty (20) Consecutive Calendar days form the date of Notice To Proceed. 1.0300 PRECEDENCE OF THE CONTRACT DOCUMENTS The order of precedence of Contract Documents shall be as follows: Addendum(s), if issued Contract Specifications Contract for Procurement Instruction to Bidders 1.0400 PROJECT MANAGER 1.0401 The Project Manager and the City's Representative for this project shall be the City Engineer or a member of the City Engineering Department staff and shall be designated and changed as necessary by the City Engineer. 1.0402 Unless provided in writing by the City Engineer, no person shall have the authority to render any binding decision nor make any binding judgements to the Contractor pertaining to any work, which may change the Contract price or time of completion, or change the manner in which the work is being performed. 1.0403 The Project Manager for this project shall serve as a means of communication between the City and the Contractor and shall monitor the work for the City. 1.0404 All references in the Contract Documents to "Project Engineer" or "Project Manager" and "City's Representative" shall refer to the person or persons named by the City Engineer. 1.0500 JOB SITE RESTRICTIONS 1.0501 All materials to be removed from the project site or demolished on site, shall be disposed by the contractor off the project site, at a secured disposal site by the contractor unless requested otherwise in these documents. The City's property and/or right-of-way is not available for contractor staging or storage of materials 1.0600 WORKING HOURS 1.0601 Work will be permitted between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No work is permitted on Sundays. 1.0700 DISPOSAL OF MATERIALS 1.0701 HAZARDOUS MATERIALS: These type materials are not expected to be encountered within the project limits. 1.0702 SALVAGEABLE MATERIALS: All reusable items removed from the site shall become the property of the City of Aspen, unless otherwise noted in the project documents. 1.0800 WAIVER It is expressly understood and agreed that any waiver granted by the City Engineer of any term, provision or covenant of this contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of this contract. Neither the acceptance of the work by the owner nor the payment of all or part of the sum due the contractor hereunder, shall constitute a waiver by the owner of any claim which the owner may have against the contractor or otherwise. 1.0900 QUALITY ASSURANCE/QUALITY CONTROL PLAN: Each contractor's bid submittal will include a documented quality assurance/quality control (QA/QC) plan prepared by the contractor describing the procedures and controls the contractor proposes to use for quality control in the projects. Each QA/QC plan will contain at least the following elements: a) Safety training and loss control program of the contractor. b) Workmanship assurance program of the contractor including routine inspections and quality control procedures for the workers performing on City projects. PAR T TWO TECHNICAL SEPCIFICATIONS: 2.0000 GENERAL Technical terms and specifications, are intended to specify and provide additional description, clarification, or conditions that are applicable to this Contract. The Engineering Department prefers all equipment be from the same manufacturer in order to avoid malfunction and multiple service contracts. 2.0100 PAYMENT UNDER UNIT BID ITEM The unit bid price without exception, for all work items shall include but not limited to the following work performance requirements: · Supply of trained labor, equipment and materials · Delivery and pickup · Manufacturer's or supplier's material certification(s) · Material placement, compliance and acceptance re-testing · Delivery of any installed equipment and/operating software and hardware full documentation and user's manual. · Tax payments, profit and overhead expenses, administration, clerical, misc. expenses · Cost of secured storage space(s) · Cost of complete in-place installation, site restoration to original or better condition The City intends to award the work as one contract, which will consist of complete Bid Proposal Form. The City further intends to award the Contract to the lowest responsible and responsive Bidder within the limits of the funds available and to best serve its interests. The conforming workmanship will be the basis for acceptance of work and payment to Contractor including payment for equipment purchases in advance of installation. 2.0200 MATERIAL TESTS, REPORTS AND CERTIFICATIONS 2.0201 All materials to be incorporated into the work must be tested new products. 2.0202 Tests required to guard against unsuitable materials or defective workmanship and to demonstrate that materials comply with the provisions of the contract documents must be performed in advance of acceptance by the City and request for payment. 2.0300 "REMOVAL" WORK ITEMS The construction bid items under "Removal Category" shall consist of furnishing and satisfying all requirements for the removal and satisfactory disposal of all unwanted obstructions not specifically called to remain. The unit price bid shall also include salvaging of designated materials. 2.0400 Furnish and Install Digital Plan Copier This equipment will be a digital plan copier with following capabilities and options installed: -Plan copier must be a heavy duty type and capable of handling multi-user operation. -Equipped with an easily accessible and user friendly security access activation device with a coding system and viewing screen for up to 40 users. -Equipped with an easily accessible user record system and capable of producing downloadable and data, and print hard copy reports by authorized Engineering staff. -include two printing roll feed systems capable of accepting 36 inch wide printable material in addition to manual single sheet feed tray. -Must include a network card and perform as work as an engineering plotter with Auto Cad software programs as a networked plotting device. -Must be a toner based printing/plotting equipment and produce xerographic type printed sheets. -Must digitally perform image enlargements and reductions and print on different size paper and mylar media. This equipment must handle 4mill thick mylar sheets and different weight paper media. Controls for these tasks must be non-complicated, user friendly, and easily accessible by users. A user viewable display screen must show all entered commands and actions performed by the copier. .-Include the following print media with equipment delivery: a) 24 inch wide, 250 feet long, paper roll 4 each b) 36 inch wide, 250 feet long, paper roll 4 each c) 24 inch wide, 150 feet long, 4 mill mylar roll 2 each d) 36 inch wide, 150 feet long, 4 mill mylar roll 2 each e) 24" by 36" mylar sheet 80 each -Copier must be an energy conserving equipment with instant start to avoid unwanted equipment heat generation and power waste. 2.0500 Furnish and Install Large Format Map Scanner Scanner equipment must be furnished and installed with following options: -Must be a high resolution optical scanner, suitable for enlarged image printing -Must be a heavy duty type and capable of handling multi-user operation. -Equipped with an easily accessible and user friendly control panel. -Energy conserving equipment with instant start to avoid unwanted equipment heat generation and avoiding power waste. -Capable of accepting 36 inch wide printed material as specified in the copier above. -Must be compliant and provide ".PDF" format scanned image files. PROJECT~OD4~22 Project No.: BID DATE: PROJECT: 2005-036 August 1, 2005 Engineering Plan Copier Replacement PROPOSAL SUBMITTED BY: (CONTRACTOR) CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for $/xty (60) consecutive calendar days from the date of bid opening. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish and install all equipment within the time and specifications this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and successful completion of the work, including furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality, workmanship, and defective equipment shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form are to be used as a basis for the cost of project and for the purpose of comparing the bids submitted to the City. The Contractor agrees to make no claims for damages, anticipated profit, or othenvise on account of any differences between the amount of work actually performed and materials actually famished and the estimated amount of work. I hereby acknowledge receipt of ADDENDUM(s) numbered through BP-2005-036.doc BP* Page 1 Contractor's Initials BID ITEM DESCRIPTION BID QUANTITIES UNIT UNIT QUANTITY PRICE TOTAL COST Furnish and install digital copier as described in contract specifications, and remove the existing copier. Each 001 Furnish and install large format map Each and plan scanner with protective dust cover as described in contract specifications. 001 4" Less Trade-in value of the existing plan copier. Removal of equipment by Bidder is subsidiary to this bid item and at no extra cost to owner. ($'?/, o~F~' )_ ITOTAL BID IN NUMBERS: $~_//,'~,/. ~ ~ I Total Bid in Words' -" ~ ~ I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: /~_~. ~¢-/~ ~r- ,,,~-,,~ ~_ ~ , Title: /.¢~/ Full name signature: ~,~?_~j~ ,~'~'~,~.-¢'/ ~- Company address: ~~,-; ..P.~'--/¢¢~¢' Telephone number: Fax number: Attested by: BP-2005-036.doc BP* My Commission Expires 09~29~2007 Page 2 Contractor's Initials Subcontractor & Material Supplier List Service or Product: Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: BP-2005-O36.doc BP* Page 3 Contractor's Initials CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF COUNTY OF On this ..~ day of ,20,~"'T, before me appeared ~/-< ~; ~, ,.~,~.--c./_~ , t~,~me personally known, who, being by me first duly sworn, did say ~b~t s/he is ~,,¢~ ¢ ~ ~/'e,'~"- of ,~, .,/d'~ ..~.~ ~'~' ~ .ZT,./~,/-.-~u,c.x~.~/./"~ ~/z/c_ and that the seal affixed to said instrument is t~ corporate seal of said coCporation, 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. Uy mission F. xp~res 09t2912001 Notary Public Address My commission expires: ¢.0.I. NOTICE OF AWARD Check only one category: [] Hand delivered today [] Faxed Date: PROJECT No. RE: Bid # 2005-036 This not~ce of award is issued to inform you that following the opening of bids on 08/16/2004, for the above referenced project, all bids were evaluated in accordance with the criteria set forth in the Invitation to Bid and a determination was made that your bid was the lowest responsible and responsive bid. Accordingly, the City of Aspen hereby accepts your bid to perform the work outlined in the bid documents for an amount not to exceed dollars, subject to approval by the City Council of the City of Aspen. This contract will be presented to the City Council for approval at their next regular meeting. Your attendance is not necessary although you are most welcome to attend. In accordance with the provisions set forth in the Contract Documents, you must comply with the following conditions precedent within seven (7) consecutive calendar days of the hand delivery or fax transmission of this notice: 1. Documents; Blank sets of the documents are available at Engineering Department. 2. You must deliver with executed Contract Documents all "**" designated pages as shown in the table of contents.. 3. You must deliver Performance, Payment, and Maintenance bonds on the City forms. 4. You must deliver proof of insurance coverage, with the City of Aspen named as co-insured, as specified in the Bid Package and proof of Workman's Compensation coverage. Failure to comply with these conditions within the specified time will entitle the City of Aspen to consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within seven (7) days after you comply with these conditions or following the City Council approval, whichever occurs last, the City of Aspen will return to you one fully signed counterpart of the contract, together with a "Notice To Proceed". Thank you for your bid and congratulations on being the successful bidder for this project. Sincerely, CITY OF ASPEN NA.doc NA CONTRACT FOR PROCUREMENT BID NUMBER: 2005-036 THIS AGREEMENT, made and entered into on ,E'//~//~,..¢- , by and between the CITY hereinafter called the "City", and/./-<; .C.....~v OF ASPEN, Colorado, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: ENGINEERING PLAN COPIER REPLACEMENT PROJECT, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Project and has duty awarded to the Contractor a Contract For Procurement therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Procurment herein mentioned: The Contractor shall commence and complete the project as fully described in the Contract Documents. The Contractor shall furnish all of the equipment, materials, supplies, tools, labor and other services necessary for the installation and completion of the Work described herein. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Contract Specifications unless the time is extended in accordance with appropriate provisions in the Contract Documents. The Contractor agrees to perform all of the Work described in the Contract Documents andre comply with the terms therein for a sum not to exceed ,,~.r~ /:~/,OO DOLLARS or as shown on the BID proposa¢. The term "Contract Documents" means and includes the documents listed in the Table of Contents of these bid documents. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. CC.doc Page 1 CC** 10. 12. 13. 14. The City shall pay to the Contractor in the manner and at such time as set in the Contract Specifications, such amounts as required by the Documents. This Contract For Procurement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Procurement shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her.absence) to execute the same. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees, successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Procurement in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. The parties agree that this Contract For Procurement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. In the event that legal action is necessary to enforce any of the provisions of this Contract for Procurement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. This Contract For Procurement was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no procurement 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 this Contract For Procurement. The undersigned representative of the Contractor, as an inducement to the City execute this Contract For Procurement, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Procurement and that he/she has full and complete authority to enter into this Contract For Procurement for the terms and conditions specified herein. CC.doc Page 2 IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Procurement on the date first above written. CITY OF~Sx°EN~ COLORADO Title: ~';~/----~ RECOMMENDED FOR APPROVAL: r~g i~e r~n g~D ~ pa rtm e nt APPROVED AS TO FORM: ~o'~n~Jy' - ATTESTED BY: My Commission ~ires 09/29/2007 CONTRACTOR: 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. CC.doc Page 3 CC** NOTICE TO PROCEED Check only one category: {--]Hand delivered [~]Faxed Date: Project No. RE: Bid # 2005-036 Dear: Enclosed please find an executed copy of the Contract Documents for the above referenced project. You are hereby informed to attend a mandatory Pre-construction Conference and you are authorized to commence construction thereafter as set forth in the Contract Documents. The Commencement Date of the contract performance time is the date fixed for the Pre-construction conference. The date for the Pre-construction conference will be set by the City Engineer. If you have any questions concerning this project please do not hesitate to call the Engineering Department. Again, thank you for your bid and your continued interest in this project. Sincerely, CITY OF ASPEN By: City Engineer cc: City Manager City Attorney Finance Department NP.doc NP