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RESOLUTION #1tp
(Series of 2006)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND CLIMATE CONTROL SETTING FORTH THE
TERMS AND CONDITIONS REGARDING MAROLT HOUSING BOILER
REPLACEMENT 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 Climate Control, 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 Climate Control regarding Marolt
Housing Boiler Replacement, 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: ,"AI) n It/; ~ I ~ :0tJ {;;
~ J
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 ~ I" U!l6j,
CONTRACT FOR CONSTRUCTION
II
T':l~ .a.TX_~~_~N
THIS AGREEMENT, made and entered into on September 12, 2006, by and
between the CITY OF ASPEN, Colorado, hereinafter called the "City", and
Climate Control, 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:
Marolt Housina Boiler Replacement Buildina 800, 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 Work and
has duly awarded to the Contractor a Contract for Construction therefore, for the
sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for
Construction herein mentioned:
1. The Contractor shall commence and complete the construction of the Work
as fully described in the Contract Documents.
2. The Contractor shall furnish all of the materials. supplies, tools, equipment,
labor and other services necessary for the construction and completion of the
Work described herein.
3. 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 Special Conditions unless the time is extended in accordance
with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for a sum not to exceed
Sixty Nine Thousand Three Hundred Thirty Eiaht ($69.338.00) DOLLARS
or as shown on the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in
the City of Aspen General Conditions to Contracts for Construction (version
GC97-2) and in the Special Conditions. The Contract Documents are
included herein by this reference and made a part hereof as if fully set forth
here.
6. The City shall pay to the Contractor in the manner and at such time as set
forth in the General Conditions, unless modified by the Special Conditions,
such amounts as required by the Documents.
7. This Contract for Construction 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 Construction 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.
8. 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.
9. 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 Construction 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.
10. 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.
11. The parties agree that this Contract For Construction 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.
12. In the event that legal action is necessary to enforce any of the provisions of
this Contract for Construction, the prevailing party shall be entitled to its costs
and reasonable attorney's fees.
13. This Contract For Construction was reviewed and accepted through the
mutual efforts of the parties hereto, and the parties agree that no construction
shall be made or presumption shall arise for or against either party based on
any alleged unequal status of the parties in the negotiation, review or drafting
of this Contract For Construction.
14. The undersigned representative of the Contractor, as an inducement to the
City to execute this Contract For Construction, represents that he/she is an
authorized representative of the Contractor for the purposes of executing this
Contract For Construction and that he/she has full and complete authority to
enter into this Contract For Construction for the terms and conditions
specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
CITY 97~N, COLORADO
By:~/v"~
Title:~ ){w_~fM/
PROVAL:
~~
CONTRACTOR:
el-t,.,.~ a,..,., "'Wlfz s- of
(l1t:?IlJWtSod wG-..s
By:
ATTESTED BY:
Title: ~/Ze.'5IZ>toe-'7"
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.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
Ct., m~H CI"kct. d~2""Y 6'+:' C.k:JofAJdccl.C:;:J/wrJ6-S
business T
(Principal's Name)
having a legal
Address at
153'"1 COD"'+<'> Rb 136
c;,~4J4L.i!- ho;v
,
c:;./e"ll.JWooeJ. ~ei.u6-S
C1"" b'1(.0 I
a
and
as Principal, hereinafter called "Principal",
(Corporation, Partnership, or Individual)
lice SUfCfl!:o,JJ/'^fJ
{AddreSS Of::iurety)
a corporation organized under the laws of the State of e_,t..e>a-~c/ 0 , and qualified to
transact business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the
City of Aspen, a Colorado home ruie municipality, as Obligee, hereinafter called "City", in the amount of:
" ." ("'\ .
. - ($1 ),
in laWful money of the United States for payment whereof Principal and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present.
WHEREAS, Principal has by written agreement dated September 11, 2006, entered
into a contract with City for Marolt Housing Boiler Replacement in accordance with the Contract
Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to
as the Contract.
NOW, THEREFORE, if Principal shall well, truly and faithfully perform its duties, all the undertakings,
covenants, terms, conditions and agreements of said Contract during the original term thereof, and any
extensions thereof which may be granted by the City, with or without notice to the Surety and during the
guaranty period, and if Principal shall satisfy all claims and demands incurred under such Contract, and
shall fully indemnify and save harmless City from all costs and damages which it may suffer by reason of
failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur
in making good any default, then this obligation shall be void; otherwise it shall remain in full force and
effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Principal shall be, and declared by City to be in default under the Contract, the City having
performed City's obligation hereunder, the Surety may promptly remedy the default or shall promptly:
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and
upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon
determination by the City and Surety jointiy of the lowest responsible bidder, arrange for a
contract between such bidder and City, and make available as work progresses (even though
there should be a default or succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of
the contract price, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract
price" as used in this paragraph, shall mean the total amount payable by City to Principal under
the Contract and any amendments thereto, less the amount properly paid by City to Principal.
(3) Any contract or succession of contracts entered into hereunder for the completion of the
Contract, shall also be subject to this bond as part of the original Contract obligations.
This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section
38-26-106, C.R.S., as amended.
This bond, as a penalty and indemnification bond, shall also entitle City to recover as part of the
completion of the Contract or the payment of any labor or material costs hereunder, actual and
consequential damages, liquidated and unliquidated damages, costs, reasonable attorneys fees and
expert witness fees, including, without limitations, the fees of engineering or architectural consultants.
Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to
the extent of any and all payments in connection with the carrying out of the contract which the City may
be required to make under the law by any reason of such failure or default of the Principal.
Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers,
agents, servants, and employees from and against all claims and actions and all expenses incidental to
the defense of such claims or actions, based upon or arising out of injuries or death of persons or
damage to property caused by, or sustained in connection with, this Contract by conditions created
thereby, and on request of the City will assume the defense of any claim or action brought against the
City.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the
City named herein or the employees, agents, administrators or successors of City.
SIGNED AND SEALED this
7-1'h
&...t1
day of ~p'J--N::1> , 20 0 ,
r
of (,len--=l.sf~M(rS
(seal)
-, ?1J ;fL.., .
itle: ?~SIZ;Je)Vr
SURETY:
(seal)
By:
Attest:
Title:
NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to include
the date of the bond. (Date of Bond must not be prior to date of Contract.) If Principal is Partnership, all
partners should execute Bond.
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
t!.L ilnZk ("0 T\-fR.D~ d l'Yl.Q1J JU V ~.r a/e]?IJ)(Jl1d
legal business I
~/";r.:5
having a
address at IS37 C{."..~ "Road
(Principal'S Name)
/3D C~~_d .~IlV,,",'5'
(l-'nnclpa s ress)
t"'.. L..6 It-l:'cio
~", a(
a
('olZJ)(Je.'e-I-.;()~
(c;orporatlOn, f"artnerSnlp, or IncllVlClual)
, as Principal, hereinafter called "Principal", and
(:)uretySName)
(::iUretySAoareSS)
a corporation organized under the laws of the State of 6.L- 0 tz". d .. ,and qualified to transact
business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of
Aspen, a Colorado home rule municipality, as Obligee, hereinafter called "City", in the amount of:
_ <""'lo _ -...,
lawfui mon"ey ~f- the United States for p~yment ~h~r~of ~incipal and Surety bind the~5efves, th-eirh~i~
executors, administrators, successors and assigns, joinUy and severally, firmly unto these present.
WHEREAS, Principal has by written agreement datedSrP!. I:J.-h , 2Od', entered into a contract
with the City for a project entitled: Marolt Housing Boiler Replacement (oroiect no 2006-044)
in accordance with the Contract Documents which Contract Documents is by reference made a part
hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly
make payment to all claimants hereinafter defined, for all labor and material used or reasonably required
for the use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain
in full force and effect, subject, however, to the following conditions:
1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of
the Principal for labor, material, or both, used or reasonably required for the performance of the Contract,
labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment directly applicable to the Contract.
2. The above-name Principal and Surety hereby jointly and severally agree with the City that
every claimant as herein defined who has not been paid in full before the expiration of ninety (90) days
after the date on which the last of such claimant's work or labor was done or performed or materials were
furnished by such claimant, may sue on this bond for use of such sums as may be justly due claimant,
and have execution thereon. The City shall not be liable for the payment of any costs or expenses of any
such suit.
3. No suit or action shall commence hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal shall
have given written notice to any of the following: The Principal, the City, or the Surety above named,
within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the
last of the material for which said claim is made, stating with substantial accuracy the amount claimed
and the name of the party to whom the materials were furnished, or for whom the work of iabor was done
or performed. Such notice shall be served by mailing the same registered mail or certified mail, postage
prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is
regularly maintained for the transaction of business, or served in any manner in which legal process may
be served in the State of Colorado.
(b) After the expiration of one (1) year following the date on which Principal ceased
work on said Contract, it being understood, however, that if any limitation embodied in this Bond is
prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended
so as to be equal to the minimum period of limitation permitted by such law.
(c) Other than in a state of competent jurisdiction in and for the County of Pitkin, State
of Colorado.
4. The amount of this Bond shall be reduced to the extent of any payment or payments made
hereunder, inclusive of the payment by surety of liens or claims which may be filed of record against the
improvement(s), whether or not claim for the amount of such lien be presented under and against this
Bond.
5. This Bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to
Section 38-26-105, C.R.S., as amended.
6. No final settlement between the City and Principal shall abridge the right of any beneficiary
hereunder, whose claim may be unsatisfied.
SIGNED AND SEALED this
0'1
day of :5~~I6-,e.. ,20 ~ ~
(J.j61l c.r.",dS{J/Il-I ,L>~
F ~~
Attesv?ff~
SURETY:
(seal)
By:
Attest:
Title:
NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company
to include the date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a
Partnership, all partners should execute Bond.
Certification and Supplemental Conditions to Contract for Services -
Conformance with ~8-17.5.101. et seu.
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -
Public Contracts for Services." This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an illegal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The new law also
requires that all contracts for services include certain specific language as set forth in the statutes. This
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Applicabilitv. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated
herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is administered by the United States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a specific end product other than reports that are merely incidental to the
required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order
to verify that it does not employ illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following
terms and conditions:
I. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verifY through participation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing
verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same
every three (3) calendar months thereafter, until Contractor is accepted or the public contract for
services has been completed, whichever is earlier. The requirements of this section shall not be
required or effective if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or
contracting with the illegal alien; except that Contractor shall not terminate the Public
Contract for Services with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor
and Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-
102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract
for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ~J.,De.Z.c/D
)
)SS.
)
COUNTY OF (;JA.e.I'l€Z-'Z;)
.,;l60~
, 19_, before me
On this 07 day of $'~,,6ze...
appeared
first duly sworn, did
of
, to me personally
say that s/he is
and that the
seal affixed to said instrument is the corporate s al of sai 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
/537 C'/l-r<l ~ 1.30
Glenwooc:l .5p.e,'A.>cr.s 00 S'/~d /
Address
My commission expires:
/Z./4Z 106'
I I
and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
Public Contract for Services: C',f''7 ~jEcI- jU(J; ol~'" -(}#4
d7/ I-n..o '-" e" m~~'1 (JJ: a It:m (J.J6 ,,,:I S pD,xJ6-;!S
JPW- saved: 8/1012006-S67-M:\city\cityatty\contract\fonns\certification - hb-06-1343.doc