HomeMy WebLinkAboutresolution.council.080-05 RESOLUTION NO.<~O Series of 2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROViNG A CONTRACT FOR PURCHASE AND iNSTALLATION OF A SYNTHETIC
POND LINER FOR THE EFFLUENT HOLDiNG POND AT THE ASPEN MUNICIPAL GOLF
COURSE, BETWEEN THE CITY OF ASPEN AND COLORADO LiNiNG CONSTRUCTION,
iNC., AND AUTHORIZiNG THE MAYOR OR CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for purchase and
installation of a synthetic pond liner for the effluent holding pond at the Aspen Municipal Golf
Course as part of the new irrigation system, between the City of Aspen and Colorado Lining
Construction, Inc., 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 Contract for purchase
and installation of a synthetic pond liner for the Aspen Municipal Golf Course, between the City
of Aspen and Colorado Lining Construction, Inc., a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the Mayor or City Manager to execute said
agreement on behalf of the City of Aspen.
iNTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the // dayof~05.
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~, dt/~,7~ ~
l~athryn S. Ko¢~i~y Clerk-
TLO- saved: 10/4/2005-293-G:\tara\RESOS\golf pond liner doc
EXHIBIT A
CONTRACT FOR CONSTRUCTION
THIS CONTRACT, made and entered into on t~O'~" ~//~-O0ff' , by
and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and
COLORADO LINING CONSTRUCTION, INC., hereinafter called the "Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuable-consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,
tools, machinery, equipment, temporary utilities, transportation and any other facilities
needed therefore, and to complete in a good, workmanlike and substantial manner the
Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit
"A" which is incorporated herein as if fully set forth (the "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 laws, ordinances, rules,
regulations of all applicable governmental authorities, and the City of Aspen Procurement
Code, Title 4 of the Municipal Code, including the approval requirements Of Section 4-
08-040. Contractor shall apply for and obtain all required permits and licenses and shall
pay all fees therefore and all other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and
Contracts herein contained being performed and kept by Contractor, including the
supplying of all labor, 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 Seventy Five Thousand Seventy One Dollars and Sixty Eight Cents ($75,071.68)
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 an, d all events to substantially
complete the same not later than '~"~9 b~' F.4t~Tte'/'~rtrt~,~t , subject to such
delays as are permissible under the "Extension of Time for Completion" section of this
Contract.
CC5 971.doc Page: i
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 0fthe Project, and shall obtain periodic releases from ail
subcontractors and material suppliers supplying labor or materials to the Project
concurrently with Contractor's delivering any payment to such subcontractors and
material suppliers. Contractor shall indemnify and hold City and City's officers,
employees, agents, successors and assigns free and harmless against all expenses and
liability suffered or incurred in connection with the claims of any such subcontractors or
material .suppliers, including but not limited to court costs and attorney's fees resulting or
arising therefrom; provided that Contractor shall be excused from this obligation to the
extent that City is in arrears in making the payments to Contractor. Should any liens or
claims of lien be filed of record against the Property, or should Contractor receive notice
of any unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and discharge the same and cause the same to be released of
record, or shall furnish City with the proper indemrdty 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 hills 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. Bonds. Contractor shall furnish performance, payment and maintenance
Bonds, each in an amount specified. These Bonds shall remain in effect until the job is
advertised and closed except for the Maintenance Bond which shall remain in full force
and effect for One Year from the date of project closure, except as otherwise provided by
the Contract Documents.
8. 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 contxol both.
9. 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 role of practice to be observed in fulfillraent of this
CC5-971.do~ Page: 2
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 Contra~ctor, prior to performance.
10. 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 days from receipt of such notice,
terminate, this Contract and provide the necessary material and workmen to finish the
work and may enter upon the Property for such purpose and complete said work. The
expense thereof shall be deducted from the payments remaining under Paragraph 3 above,
or if the total cost of the work to City exceeds the mount of such remaining payments,
Contractor shall pay to City upon demand the amount of such excess in addition to any
and all other damages to which City may be entitled. In the event of such termination,
City may take possession of all materials, equipment and appliances belonging to
Contractor upon or adjacent to the Property upon which said work is being performed and
may use the same in the completion of said work. Such termination shall not prejudice or
be exclusive of any other legal rights which City may have against Contractor.
11. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete thc work during the time provided
for herein. However, thc time during which Contractor is delayed in said wo[k by (a) the
acts of City or its agents or employees or those claiming andcr Contract with or
permission from City, or (b) thc 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 bc added to the time for completion of thc 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 duc arc received.
12. 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
CC5-971.do~ Page: 3
recognized as inherent in WOrk of the character provided for in this Contract or inherent in
a work site located in the Rocky Mountains, Contractor shall so notify City, and City
shall at that time have the right:' and option to immediately cancel and terminate this
Contract or to instruct Contractor to continue the work and add the additional amount
attributable to such unforeseen conditions to the payments due contractor as set forth
above.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done 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.
13. 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.
14. 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 fight to refuse to permit occupancy
of any structures by City or City's assignees or agents until the Noti~e 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.
15. Insurance.
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.
CC5-971 .doc Page: 4
b. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed in the
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minim'mn 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 maintain such continuous coverage.
1. Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy 1/mit, 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.
2. Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The
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
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned,
hired and non-owned vehicles assigned to or used in performance of the services.
The policy shall contain a severability of interests provision. Iftbe 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 iusureds. Every policy required above shall
be pr/mary 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 exclusion for bodily
CC5-971.doc Page: 5
ii
injury or property damage arising fxom 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 polic!es 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, terminated or
materially changed until at least thirtF (30) days prior written notice has been given to the
City of Aspen.
clauses:
In addition, these Certificates of Insurance shall contain the following
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
Underwriters and issuers shall have no fight 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 underardters and
insurers shall have no right of recovery or subrogation against the
Contractor. Underwriters and issuers shall have no right of recovery or subrogation
against the City of Aspen, it being the intention of the parties that the insurance
policies so effected shall protect all parties and be primary coverage for any and all
losses covered by the above-described insurance. To the extent that the 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. 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. 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 mount of, and at the sole risk of the Proposer. Any and all
CC5-971.doe Page: 6
deductibles in the above-described insurance policies shall be assumed by and be for
the amount of, and at the sole risk of the Proposer. Any and all deductibles in the
above-described insurance l~Olicies shall be assumed by and be for the amount of,
and at the sole risk of the Pr6poser.
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done." Location of operations shall be:
"All operations and locations at which work in connection with the referenced
project is done."Location of operations shall be: "All operations and locations at
which work in connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect
at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on
the expiration date of this Contract or thereafter.
e. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, conditions, and minimum limits shall constitute a material
breach of contract upon which City may immediately terminate this contract, or at its
discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith. All moneys so paid by
City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or
vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid
for by City as extra work under Paragraph 8 above. If, however, the estimated cost of
replacement of the work already completed by Contractor exceeds twenty (20%) percent
of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel
this Contract and, in such event, Contractor shall be paid the reasonable cost, including
net profit tO Contractor in the amount of ten (10%) percent, of all work performed by
Contractor before such cancellation.
17. Notices. Any notice which any party is required or may desire to give to any
other party shall be in writing and may be personally delivered or given or made by
United States mail addressed as follows:
To City:
Steve Barwick
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
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To Contractor:
John Heap
Colorado Lining Construction Inc
1062 Singing Hills Road
Parker, CO 80138
subject t° the fight of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or certified
matter, addressed as above provided, with postage thereon fully prepaid.
18. Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final acceptance
of the work with City.
(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to be
entered into by City).
19. Licensure of Contractor. Conlractor hereby represents 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.
20. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in, or be construed as establishing an
employment relationship. The Contractor shall be, and shall perform as, an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No
agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the
employee, agent or servant of the City. The City is interested only in the results obtained
under the Contract Documents. The manner and means of conducting the Work are under
the sole control of the Contractor. None of the benefits provided by the City to its
employees including,, but not limited to, workers 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 Contractors agents, employees, servants and subcontractors during the
performance of the Contract.
CC54971.do¢ l%gc: 8
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY
MONEYS EARNED PURSUANT TO THE CONTRACT.
21. 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.
22. 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.
23. Entire Contract. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes all prior Contracts
between City and Contractor respecting such matters.
24. 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 other default or other such event, circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
succeeding; and no failure or delay by either City or Contractor to exercise any right
ar/sing by reason of any default by the other shall prevent the exercise of such right while
the defaulting party continues in default, and no waiver of any default shall operate as a
waiver of any other default or as a modification of this Contract.
25. Remedies Non-Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or permitted,
but each shall be cumulative and shall be in addition to every other remedy.
26. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or equity
shall be Pitkin County.
27. 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 party.
28. 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.
CC5-971.doe Page: 9
29. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee or
applicant for employment because' of race, color, religion, sex, national origin, age, marital
status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet
Nam era veteran. The Contractor will take affirmative action to insure that applicants are
employed, and that employees are treated during employment without regard to their race,
color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a
disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; 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 employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
30. Prohibited Interest. No member, officer, or employee of the City of
Aspen, Pitldn County or the Town of Snowmass Village shall have any interest, direct or
indirect, in this Contract or the proceeds thereof.
31. Warranties Against Contingent Fees, Gratuities, Kickbacks and
Conffict of Interest:
a. The Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon an Contract or understanding for a
commission, percentage, brokerage, or contingency fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of the
City a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to this Contract or to any solicitation or proposal therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to the
prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the award of a Subcontract or order. The Contractor is prohibited from
inducing, by any means, any person employed under this Contract to give up any part of the
compensation to which he/she is othenvise entitled. The Contractor shall comply with all
applicable local, state and federal "anti-kickback" statutes or regulations.
32. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar year, nothing herein shall be construed as an obligation by the
CCS-97Ldoc Page: 10
City beyond any amounts that may be, fi.om 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.
IN WITNESS WttEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
ATTESTED BY:
CONTRACTOR:
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.
CC5-971.doc Page: 1I
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
ST^TE oF
)ss.
COUNt, oF
Onthis ~ dayof ~~ ,20~efore
me appeared
~ ~tL~ , to me
person~y known, who, being by me flint duly sworn, did say that s/he is
~~ ~ /~ ~UC~D~ and that
the seal affixed to said instrument~ the co.orate Seal of said co~oration and
that said instrument was signed and sealed in behalf of said corporation by
authod~ of its board of.directors, and said deponent acknowledged said
instrument to be the free act and deed of said co~oration.
WITNESS MY HAND AND NO, TARIAL SEAL the day and year in this certificat.e.~,,~,~.,.,,,,,~.
first above written.., .~" .: '~...~.~_ ~;~
Notary Public
U U Address
My commission expires: / I/~ I /D ..r)
/.~.;A'., '~.'{
,,;;. uF c~,..'
'-sion Exp~e
~m~. ~ 2007
...~ ~
My Commission Ex,ires
November 21, 2007
CC5-971.doc Page: 12
~OLOLINING PAGE 81
Constmc~on, Inc
EXHIBIT "A" Page 1
Toesdsy..September 13. 290S
Coml:~ny: Aspoz C. olf and T~,~g Club - C-JO CilT' ~t' Aspen C~
Fax: 970-920-5125
Phone: 9704292034
R~: $6 MIL RPP LI~3/?tG &r$I*F-M- * W~.'~dll mm4 sm'vefed ~h'm~ t° v~ri(F ~v''bp~ si'~
3~ MIL RPP LiltiNG 83,500 SF 0.~8 SF $40.0~0.00
Ounce C, emo:gle !Tr, aerl%~"'*~ ~5,500 $F 0-I I SI: $9~405.00
8 ~n~ Unfi~ay f~ ~'a~ to cdse- 600' 9.000 SF O_lt BF
C_moco~po~ Pock Pad Ms*~ls - 750 ' l 0..~ O0 SF 0.45 ~ ,I~..725. O0
F~tm~ 1 $1,450.~ ,,31 4~,~
President
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09/13/'2085 0g:0~ 303B415780 COLOLINING PAGE 84
Exhibit "A," Pa~e 2
Exhibit "A" Page 3