HomeMy WebLinkAboutresolution.council.092-18 RESOLUTION #92
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT-BETWEEN THE CITY OF ASPEN
AND STUTSMAN GERBAZ EARTHMOVING, INC. AUTHORIZING THE
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 On-
call electric excavation services between the City of Aspen and Stutsman Gerbaz
Earthmoving, Inc., a true and accurate copy of which is attached hereto as Exhibit
"A"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council.of the City of Aspen hereby approves that Contract
for On-call electric excavation services between the City of Aspen and Stutsman
Gerbaz Earthmoving, Inc., a copy of which is annexed hereto and incorporated
herein and does hereby authorize the City Manager to execute said agreement on
behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Counc' 'of the City of
Aspen on the 11`h day of June, 2018.
St en tadron, Mayor
I, Linda Manning, duly appointed and acting Ci 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, June 11, 2018.
Linda Manning, City Cler
CITY OF ASPEN GENERAL SERVICES AGREEMENT
Project Number: 2018-027 As-Needed Excavation Services for Electric Department
THIS AGREEMENT made this 14" day of May 2018, by and between the City of Aspen
("City") and the Contractor identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Contractor wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows: .
CONTRACTOR
Shay Stutsman
Stutsman Gerbaz Earthmoving Inc.
30376 State Highway 82 ,
Snowmass, CO 81654
DESCRIPTION OF SERVICE
Stutsman Gerbaz Earthmoving will provide services as needed to assist the City with primary
cable faults and street light circuit repairs that includes: locates, communicating with citizens,
businesses,permitting entities regarding the impact of the work, securing or assisting staff with
obtaining required permitting and bonding, securing the dig area, removing surface treatments,
digging up damaged primary/secondary or street light circuit electric lines, traffic control,backfill
after repair is completed; replace surface materials including but not limited to: landscape materials,
topsoil,roadbase, native ground cover, concrete or asphalt.
Historically, services are needed for approximately six repairs annually. Individual repairs vary
depending on size, scope, and season. Work may take place during business hours, after hours,
nights,weekends and holidays. Response to service must be available 24/7, 365 days per year.
Response time during business hours,6:30am—5:00pm;is thirty(30)minutes. After hour
response time during nights and weekends is one(1)hour.
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
The contract period is for one year, May 14, 2018 to May 31, 2019, with two (2) one-year options
to renew if both parties are agreeable.
DESCRIPTION OF AMOUNT,METHOD OR MANNER OF COMPENSATION
Compensation will be based upon Stutsman Gerbaz Earthmoving's 2018 Price List. Payment net
30. The maximum value of the contract per calendar year is capped at $100,000. The City does
not guarantee a minimum contract value.
Stutsman Gerbaz Earthmoving Inc.
30376 Slate Highway 82
Snowmass CO 81654
Price List
2018
Equipment Trucking
Track/Skidsteer....................... $ 120.00 /HR Dump Truck(12 yd)................... $ 95.00 /HR '
CAT 939 Track Loader............... $ 160.00 /HR End/Side Dump(20 yd).............. $115.00 1HR
CAT 953 Track Loader............... $ 175.00 /HR 'Transport............................... $120.00 /HR
'CAT 963 Track Loader.............. $ 190.00 1HR 'Heavy Transport...................... $140.00 /HR
CAT 908 Rubber Tire Loader....... $ 130.00 MR Water Truck............................. $110.00 1HR
CAT 938 Rubber Tire Loader....... S 160.00 /HR Fuel Pickup............................ S 90.00 /HR
CAT 430 Backhoe..................... $ 130.00 /HR Plow Pickup........................... $ 95.00 /HR
Mini Excavator.......................... $ 120.00 /HR
CAT 303 Excavator.......:........... $ 125.00, /HR
CAT 308 Excavator................... $ 150.00 /HR
CAT 314 Excavator................... $ 160.00 /HR Labor Supervision
CAT 314 Excavator HMR........... $ 295.00 IHR Labor...................................... $ 50.00 IHR
CAT 315/316 Excavator.............. S 165.00 MR Pipe Fitter..:............................. $ 80.00 /HR
CAT 316 Excavator HMR........... S 300.00 1HR Supervision.................................. $100.00 /HR
CAT 320/323 Excavator.............. $ 180.00 1HR Total Station/GPS Layout.......... $150.00 /HR
CAT 3251329 Excavator.............. S 190.00 /HR MechanicJWelder...................... $100.00 /HR
'CAT 336 Excavator.................. S 200.00 /HR
CAT 140 Road Grader............... $ 200.00 /HR
'CAT D6 Dozer......................... $ 180.00 /HR
CAT CP-CS323Compactor........ $ 125.00 /HR
Small/Misc. Equipment (LaW,Not Weludedl Materials
Walk Behind Compactor............. $ 600.00 may Topsoil.............................. Call No
Jumping Jack Compactor............ $ 115.00 may 1 1/2"Rock.............................. $ 13.75 Ton
Flat Plate Compactor.................. S 115.00 may 314"Rock................................ $ 14.85 Ton
Rock Splitter............................. $ 300.00 may 314" Road Base........................ S 13.75 Ton
Jack Hammer........................... $ 300.00 may Demo dump fees..................... S 87.50 Ton
Compressor............................. $ 300.00 may Trucking is additional:
Demo Saw............................... $ 120.00 may Add an average 2hr delivery WSM to Aspen
Grizzly.................................... $ 250.00 may
Screener................................ $ 65.00 /HR
2"Pump................................. $ 100.00 may
4"Pump................................. $ 150.00 may
'GPS for Equipment.................. $ 125.00 1HR
NOTE
Prices for other materials upon request Contact Dave Stutsman(970)-923-2734.Cost of materials are subject to
change without notice.
'Transport Weight Max: 35ton MAX
'Heavy Transport Weight Max: 50ton MAX
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AMENDMENTS TO GENERAL CONDITIONS
The parties acknowledge and understand that this Service Agreement is, except as specifically
amended hereinabove, subject to all of the teens and conditions set forth in the City of Aspen
General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A" ,
and by this reference made a part hereof.
Having agreed to the above and foregoing, the parties hereto do affix their signatures.
City of A pen: Contracto
By: �" ,:� By: p .
'title: C� na a�t,� Title: / RE'S10 G,VT
Date: 6—l -!� Date: - of - le
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EXHIBIT "A"
CITY OF ASPEN GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by
reference into Service Agreements entered into between service providers ("Contractor") and the
City of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the
Service Agreement customarily used by the City of Aspen to contract for services. A change in one
document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed to by the
Contractor and the City shall be specifically noted on the Service Agreement.
1. Completion. Contractor shall commence the provision of services as described in the
Service Agreement in a timely manner. Upon request of the City, Contractor shall submit, for the
City's approval, a schedule for the performance of Contractor's services which shall be adjusted as
required. This schedule, when approved by the City, shall not, except for reasonable cause, be
altered by the Contractor.
2. Payment. In consideration of the services provided, City shall pay Contractor the
amounts set forth in the Service Agreement. Contractor shall submit, in timely fashion, invoices for
services performed. The City shall review such invoices and, if they are considered incorrect or
untimely, the City shall review the matter with Contractor within ten days from receipt of the
Contractor's billing. Contractor's invoice shall.be for the period ending the last day of each month
and submitted to the City no later than the 5th day of each month.
3. Non-Assi agn bility. Both parties recognize that this Service Agreement is one for
personal services and cannot be transferred, assigned, or sublet by either party without prior written
consent of the other. Sub-Contracting, if authorized, shall not relieve the Contractor of any of the
responsibilities or obligations under this Service Agreement. Contractor shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Contractor to the extent of the subcontract. The City shall not be obligated to pay or be liable
for payment of any sums due which may be due to any subcontractor unless agreed to in writing
beforehand by the City.
4. Termination. The Contractor or the City may terminate this Service Agreement upon
thirty (30) days notice, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination.
The City shall have the right to terminate the Service Agreement upon three (3) days notice if
Contractor fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10, 13,
14, 16, 19 or 21. For breach of any other term and condition of the Service Agreement, City may
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terminate the Service Agreement with ten(10)days prior notice to cure and failure by Contractor to
so cure.
No compensation shall be earned after the effective date of the termination. Notwithstanding the
above, Contractor shall not be relieved of any liability to the City for damages sustained by the City
by virtue of any breach of this Agreement by the Contractor, and the City may withhold any
payments to the Contractor for the purposes of set-off until such time as the exact amount of
damages due the City from the Contractor may be determined.
5. Covenant Against Contingent Fees.. The Contractor warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Contractor, to solicit or secure this Service Agreement, that s/he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gifts or any other consideration contingent upon or resulting from the award or making of
this Service Agreement.
6. Equipment, Materials and Supplies. Unless otherwise agreed to by the City, Contractor
shall acquire, provide, maintain, and repair at Contractor's expense such equipment, materials,
supplies, etc., as necessary for the proper conduct of the services to be provided in accordance with
the Service Agreement.
7. Contract Monitoring. Contractor agrees to allow City to reasonably monitor the services
to be provided in accordance with the Service Agreement.
8. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this Service Agreement shall result in, or be construed as
establishing an employment relationship. Contractor shall be, and shall perform as, an independent
contractor who agrees to use his or her best efforts to provide the said services on behalf of the City.
No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee,
agent or servant of the City. City is interested only in the results obtained under this Service
Agreement. The manner and means of conducting the work are under the sole control of
Contractor. None of the benefits provided by City to its employees including, but not limited to,
workers' compensation insurance and unemployment insurance, are available from City to the
employees, agents or servants of Contractor. Contractor shall be solely and entirely responsible for
its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the
performance of this Service Agreement. Contractor shall indemnify City against all liability and
loss in connection with, and shall assume full responsibility for payment of all federal, state and.
local taxes or contributions imposed or required under unemployment insurance, social security and
income tax law, with respect to Contractor and/or Contractor's employees engaged in the
performance of the services agreed to herein.
9. Indemnification. Professional agrees to indemnify.and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, to the
extent and for an amount represented by the degree or percentage such injury, loss, or damage is
caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act,
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omission, error, professional error, mistake, negligence, or other fault of the Professional, any
subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission,or other fault of the City,its officers,or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City,its officers, or employees.
10. Contractor's Insurance. (a) Contractor agrees to procure and maintain, at its own expense,
a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to Section 9 above. Such insurance shall be in
addition to any other insurance requirements imposed by the Service Agreement or by law. The
Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 9 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Contractor shall procure and maintain Workmen's Compensation insurance to cover
obligations imposed by applicable laws for any employee engaged in the performance of work
under the Service Agreement, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU-
SAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may
be substituted for the Workmen's Compensation requirements of this paragraph.
(c) If the Service Agreement requires any insurance in addition to that referenced above at
subsections (a) and (b), or a particular type of coverage, Contractor shall procure and maintain, and
shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance
coverages referenced in the Service Agreement. All insurance coverages shall-be procured and
maintained with forms and insurance acceptable to the City. All coverages shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor
pursuant to Section 9 above. In the case of any claims-made policy, the necessary retroactive dates
and extended reporting periods shall be procured to maintain such continuous coverage.
(d) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Contractor. No additional insured endorsement to the policies required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Contractor shall be solely responsible for any deductible losses under any policy required above.
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(e) The certificate of insurance provided by the City shall be completed by the Contractor's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify the Service Agreement and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior written
notice has been given to the City.
(f) Failure on the part of the Contractor to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of Service
Agreement upon which City may terminate the Service Agreement as provided by Section 4 above,
or at its discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith, and all monies so paid by City
shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums
against monies due to Contractor from City.
(g) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(h) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this Service Agreement, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protection provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended,or otherwise available to City, its officers, or its employees.
11. Citys Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Contractor for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Contractor reasonable notice of any changes in its membership or participation in
CIRSA.
12. Waiver of Presumption. The Service Agreement was negotiated and reviewed through
the mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the parties
in the negotiation, review or drafting of the Service Agreement.
13. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Contractor certifies, by acceptance of the Service Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in any transaction with a Federal or State department or agency. It further
certifies that prior to submitting its Bid that it did include this clause without modification in all
lower tier transactions, solicitations,proposals, contracts and subcontracts. In the event that vendor
or any lower tier participant was unable to certify to this statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
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14. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
Contractor warrants that no person or selling agency has been employed or retained to solicit or
secure this Service Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona.fide employees or bona fide established commercial or
selling agencies maintained by the Contractor for the purpose of securing business.
Contractor agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of
any specification or procurement standard, rendering advice, investigation, auditing, or in any other
advisory capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Service Agreement, or to any solicitation
or proposal therefor.
Contractor represents that no official, officer, employee or representative of the City during
the term of the Service Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in the Service Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of the Service Agreement.
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities,kickbacks and conflict of interest, the City shall have the right to:
l. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Contractor, vendor, or
sub_contractor under City contracts;
3. Deduct from the Service Agreement price or consideration, or otherwise
recover, the value of anything transferred or received by the Contractor; and
4. Recover such value from the offending parties.
15. Termination for Default or for Convenience of City. The services contemplated by the
Service Agreement may be canceled by the City prior to acceptance by the City whenever for any
reason and in its sole discretion the City shall determine that such cancellation is in its best interests
and convenience.
16. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If the Service Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, the Service Agreement shall be contingent upon the availability of those funds
for payment pursuant to the terms of the Service Agreement.
17. City Council Approval. If the Service Agreement requires the City to pay an amount of
money in excess of$25,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or mailed by
certified mail, return receipt requested to the respective person or address listed for the Contractor
in the Service Agreement. .
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19. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry;
handicap, or religion shall be made in the employment of persons to perform services under this
Service Agreement. Contractor agrees to meet all of the requirements of City's municipal code,
Section 13-98,pertaining to non-discrimination in employment.
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained
herein or in the Contract Documents,-the Service Agreement shall be subject to the City of Aspen
Procurement Code, Chapter 3 of the Aspen Municipal Code.
21. Compliance With All Laws and Regulations. Contractor shall give all notices and
comply with all laws, regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreement. Contractor shall obtain all necessary business licenses and
permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon persons
engaged in business within the City limits.
22. Waiver. The'waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of the Service Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Contractor to which the same may apply and, until
complete performance by Contractor of said tern, covenant or condition, the City shall be entitled
to invoke any remedy available to it under the Service Agreement or by law despite any such
forbearance or indulgence.
23. Execution of Service Agreement by City. The Service Agreement shall be binding upon
all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, the Service Agreement shall not be
binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly
authorized official in his or her absence).
24. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new
statutes relating to the employment of and contracting with illegal aliens. These new laws
prohibit all state agencies and political subdivisions, including the City, from knowingly hiring
an illegal alien to perform work under a contract, or to knowingly contract with a Contractor who
knowingly hires with an illegal alien to perform work under the Service Agreement. The new
laws also require that all contracts for services include certain specific language as set forth in the
statutes. The following terms and conditions have been designed to comply with the
requirements of this new law.
b. 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.
1. "E-verify program" means the electronic employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
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156, 108th Congress, as amended, that is jointly administered by the United States
Department of Homeland Security and the social security Administration, or its successor
program.
2. "Department program" means the employment verification program
established pursuant to Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Service Agreement.
4. "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.
C. By signing this document, Contractor certifies and represents that at this time:
1. Contractor shall confirm the employment eligibility of all employees who
are newly hired for employment to perform work under the Public Contract for Services;
and
2. Contractor has participated or attempted to participate in either the e-verify
program or the department program in order to verify that new employees are not illegal
aliens.
d. Contractor hereby confirms that:
1. 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 confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under the public contract for services
through participation in either the a-verify program or the department program.
4. Contractor shall not use the either the e-verify program or the department
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:
L Notify such subcontractor and the City within three days that
Contractor has actual knowledge that the subcontractor is employing or
subcontracting with an illegal alien; and
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ii. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the subcontractor
does not stop 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 Owner may
terminate this Service Agreement. If this Service Agreement is so terminated, Contractor
shall be liable for actual damages to the Owner arising out of Contractor's violation of
Subsection.8-17.5-102, C.R.S.
25. General Terms.
(a) It is agreed that neither the Service Agreement nor any of its terms,
provisions, conditions, representations or covenants can be modified, changed, terminated or
amended, waived, superseded or extended except by appropriate written instrument fully executed
by the parties.
(b) If any of the provisions of the Service Agreement shall be held invalid,
illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any
other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
26. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
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record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
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P Y UFASPEN
CONTRACT RENEWAL
The document provides written notice of the City and Supplier's decision to exercise its right to renew the
contract identified below for an additional term. Suppliers are required to break out the number of hours
and the hourly rates on each quote.
CITY OF ASPEN CONTRACT RENEWAL
Con(ractor's Full Legal Name: Stutsinan Gerbaz
Contract No.: 2018-024
Solicitation Title: As-Needed Excavation Services
Resolution M #92, Series 2018
Contract Award Date: June 11,2018
Current Contract Term: One year
Beginning Date of
New Contract Term: May 31 2019
End Date of
New Contract Term: I May 31,2020
CITY OF ASPEN,CO�LORADO::�,L PROFESSIONAL:
�tiignaturcl ISignaturcl
By: Sa*Ott By: )Ay,y a 7 u i,/ M A d/
[Name) [Name]
Title: Anterim City Manager Title: ER&s �j) t=A. i
Date: March 25,2019 Date: 3 7 — 15/
. s
DESCRIPTION OF AMOUNT,METHOD OR MANNER OF COMPENSATION
Compensation will be based upon Stutsman Gerbaz Earthmoving's 2018 Price List. Payment net
30. The maximum value of the contract per calendar year is capped at $100,000. The City does
not guarantee a minimum contract value.
Stutsman Gerbaz Earthmoving Inc.
30376 State Highway 82
Snowmass CO 81654
Price List
2018
Equipment Trucking
Track/Skidsteer... .... . ............ $ 120.00 /HR Dump Truck(12 yd)............... $ 95.00 /HR
CAT 939 Track Loader ............ $ 160.00 /HR End/Side Dump(20 yd).............. $11500 /HR
CAT 953 Track Loader . ........... $ 175.00 /HR 'Transport............................... $120.00 /HR
"CAT 963 Track Loader.... ......... $ 190.00 /HR 'Heavy Transport...................... $140.00 /HR
CAT 908 Rubber Tire Loader. ..... $ 130.00 /HR Water Truck. ........................... $110.00 /HR
CAT 938 Rubber Tire Loader ..... $ 16000 /HR Fuel Picku ............ $ 90,00 /HR
CAT 430 Backhoe..................... $ 130.00 /HR Plow Pickup .......................... $ 9500 /HR
Mini Excavator. ........................ $ 120.00 /HR
CAT 303 Excavator................... $ 125.00 /HR
CAT 308 Excavator................... $ 150.00 IHR
CAT 314 Excavator................... $ 16000 /HR Labor Supervision
CAT 314 Excavator HMR........... $ 295.00 IHR Labor.................. ............. .... S 50.00 /HR
CAT 315/316 Excavator . .......... S 165.00 /HR Pipe Fitter................................ $ 8000 /HR
CAT 316 Excavator HMR.........:. $ 300.00 /HR Supervision... . . . . ._.....__.. $10000 /HR
CAT 320/323 Excavator.............. $ 18000 /HR Total Station/GPS Layout.......... $15000 /HR
CAT 325/329 Excavator.............. $ 190.00 /HR Mechanic/Welder...................... $10000 IHR
'CAT 336 Excavator ................. $ 200.00 /HR
CAT 140 Road Grader............... $ 200.00 /HR
'CAT D6 Dozer.. ..................... $ 180.00 /HR
CAT CP-CS 323 Compactor........ $ 125.00 /HR
Small / Misc. Equipment (Labor Not Included) Materials
Walk Behind Compactor .......... $ 600.00 'Day Topsoil Call ND
Jumping Jack Compactor. .......... $ 115.00 /Day 1 1/2"Rock............. ........... _ S 13.75 Ton
Flat Plate Compactor ..... ...... $ 115.00 /Day 3/4"Rock................. ..........._. S 14.85 Ton
Rock Splitter.... . . .... ....... . . $ 30000 1Day 3/4" Road Base.... .. ............ . . $ 13.75 Ton
Jack Hammer ...... .. .. ............. S 300.00 /Day Demo dump fees.... ...... ... . . $ 8750 Ton
Compressor............................. $ 300.00 /Day Trucking is additional
Demo Saw . .. ................. ..... S 120.00 may Add an average 2hr delivery WSM to Aspen
Grizzly... . .... ...................... $ 250.00 rDay
Screener... . ....................... $ 65.00 /HR
2"Pump........ ........................ $ 100.00 Day
4"Pump................................. $ 150.00 'Day
"GPS for Equipment.................. $ 125.00 /HR
NOTE
Prices for other materials upon request Contact Dave Stutsman (970)-923-2734 Cost of materials are subject to
change without notice.
'Transport Weight Max. 35ton MAX
'Heavy Transport Weight Max 50ton MAX
2
ASPEN
CONTRACT RENEWAL
The document provides written notice of the City and Supplier's decision to exercise its right to renew the
contract identified below for an additional term. Suppliers are required to break out the number of hours
and the hourly rates on each quote.
CITY OF ASPEN CONTRACT RENEWAL
Contractor's Full Legal Name: StUtSman Gerbaz
Contract No.: 2018-024
Solicitation Title: As-Needed Excavation Services
Resolution M #92. Series 2018
Contract Award Date: June 11,2018
Current Contract Term: One year
Beginning Date of
_ New Contract Term: May 31, 2019
End Date of
New Contract Term: May 31,2020
CITY OF ASPEN,COLORADO: PROFE$SIONA[.:
1SignatureJ ISignaturcl
[Name) [Name)
Title:T M 610,h7anaRcic Title:
Date: 3--�`j-��j Date:
i J
J
DESCRIPTION OF AMOUNT,METHOD OR MANNER OF COMPENSATION
Compensation will be based upon Stutsman Gerbaz Earthmoving's 2018 Price List. Payment net
30. The maximum value of the contract per calendar year is capped at $100,000. The City does
not guarantee a minimum contract value.
Stutsman Gerbaz Earthmoving Inc.
30376 State Highway 82
Snowmass CO 81654
Price List
2018
Equipment Trucking
Track/Skidsteer.............. ........ $ 120.00 /HR Dump Truck(12 yd)................... $ 95.00 /HR
CAT 939 Track Loader............... $ 160.00 /HR End/Side Dump(20 yd).............. $115.00 IHR
CAT 953 Track Loader............... $ 175.00 /HR *Transport............................... $120.00 /HR
*CAT 963 Track Loader.............. $ 190.00 /HR *Heavy Transport...................... $140.00 /HR
CAT 908 Rubber Tire Loader....... $ 130.00 /HR Water Truck............................ $110.00 /HR
CAT 938 Rubber Tire Loader....... $ 160.00 /HR Fuel Pickup............................ $ 90.00 /HR
CAT 430 Backhoe..................... $ 130.00 /HR Plow Pickup........................... $ 95.00 /HR
Mini Excavator.......................... $ 120.00 /HR
CAT 303 Excavator................... $ 125.00 /HR
CAT 308 Excavator................... $ 150.00 /HR
CAT 314 Excavator................... $ 160.00 /HR Labor Supervision
CAT 314 Excavator HMR........... $ 295.00 IHR Labor.............. . ........ .. .. $ 50.00 /HR
CAT 315/316 Excavator.............. $ 165.00 /HR Pipe Fitter......................... .. .. $ 80.00 /HR
CAT 316 Excavator HMR........... $ 300.00 IHR Supervision... $100.00 /HR
CAT 320/323 Excavator.............. $ 180.00 /HR Total Station/GPS Layout.... .... $150.00 /HR
CAT 325/329 Excavator............. $ 190.00 /HR Mechanic/Welder...................... $100.00 /HR
*CAT 336 Excavator.................. $ 200.00 /HR
CAT 140 Road Grader............... $ 200.00 /HR
*CAT D6 Dozer................. ...... $ 180.00 /HR
CAT CP-CS 323 Compactor........ $ 125.00 /HR
Small/ Misc. Equipment (Labo r Not Included) Materials
Walk Behind Compactor........... . $ 600.00 /Day Topsoil.............................. Call ND
Jumping Jack Compactor............ $ 115.00 /Day 1 1/2"Rock.............................. $ 13.75 Ton
Flat Plate Compactor................. $ 115.00 May 3/4"Rock................................ $ 14.85 Ton
Rock Splitter............................ $ 300.00 /Day 3/4" Road Base........................ $ 13.75 Ton
Jack Hammer........................... $ 300.00 !Day Demo dump fees..................... $ 87.50 Ton
Compressor............................. $ 300.00 /Day Trucking is additional:
Demo Saw.............................. $ 120.00 /Day Add an average 2hr delivery WSM to Aspen
Grizzly.................................... $ 250.00 /Day
Screener................................ $ 65.00 /HR
2"Pump................................. $ 100.00 /Day
4"Pump................................. $ 150.00 /Day
*GPS for Equipment.................. $ 125.00 /HR
NOTE
Prices for other materials upon request Contact Dave Stutsman(970)-923-2734. Cost of materials are subject to
change without notice.
*Transport Weight Max: 35ton MAX
*Heavy Transport Weight Max: 50ton MAX
2