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Home My WebLink Aboutresolution.council.054-08RESOLUTION NO. Series of 2008 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Elam Construction, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT befinreen the City of Aspen, Colorado and Elam Construction a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and Elam Construction 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: `/~ 073 , 2008. _' Michael C. Ireland, Mayor ~/ ~%~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adop/t~e'd by the City Council of the City of Aspen, Colorado, at a meeting held ~ `7' , 2008. Kathryn S. ch, City Clerk Tha City of A~ppp CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Elam Construction, 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: 2008 Street Improvements Project (Project # 2008-022). 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 Two Hundred Eiuhty Three Thousand Nine Hundred Seventy Three Dollars and Five Cents ($283.973.05) or as shown on the BID proposal. Page 1 "CC1 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. Page 2 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. ATT STED BY: RECOMMENDED FOR APPROVAL: City Street Department ATTESTED BY: son D. Cates, Secretary/Treasurer CITY O ASPEN, COLORADO By:. ~ ~~i Title: c ~y ~~..~,- -~~ APPROVED AS TO FORM: City A orne~i CONTRACTOR: By: ,_, Stephen J. Kaspar Title: President 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. CC2-971.doc Page 3 "CCi CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Colorado COUNTY OF Mesa On this 16th day of 20 o8 ,before me appeared Stephen J. Kasyar , to me personally known, who, being by me first duly sworn, did say that s/he is President of Elam Construction, Inc. and that the Seal affiXed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. ~~~ ~Y' P Ue<i V , ~(' 1 ~~ ~ S F~E ~ ~ ~ ~ ~ ~s,~•., ~ Notary Pub is r~cW 556 Struthers Avenue, Grand Junction, CO 8150 Address My commission expires: 10/6/11 SS. ••cc~ zoos-ozz BRANCH SECTION # Wark NAME STREET FROM:-TO: Done E-HO E HOPKINS AVE. 1 - S. GARMISCH ST. - S. ASPEN ST 1 1/2 E-HO E. HOPKINS AVE. 2 - S. ASPEN ST. - S. GALENA ST. 1 1/2 E-HO E. HOPKINS AVE. 3 - S. GALENA ST. - S. SPRING ST. 1 1/2 MS McSKIMMING RD. 1 -HWY. 82 Thru Aspen Gove RD. 1 1/2 S-MO N. MONARCH ST. 2 - E. Main ST. - E. Hyman ST. 1 1/2 RM Red Mountian Rd. 1 -Mill ST Bridge .Thru Hunter creek BR 1 1/2 S-GR S. GARMISCH ST. 1 -MAIN ST. - DURANT ST. 1 1/2 SK SILVER KING DR. 1 -CEMETERY LN. To Homestake RD. 1 1/2 Pgarage Parking Garage Entrance of Garage 1 1/2 SK SILVER KING DR. 1 -Home Stake DR. - CHATFIELD RD. 1 1/2 ALL Alley (at N. Mill ST.) N-ML To N-GL 2 p y O O U ~ ~ ~ Q ~ ~ ~ ~ ~ ~ o O v l /~ o ~ ", m ,~ ~~ ~ Q 1 ~I ~,I „I NI '~ M ~ - ,: O ~ Q o u e a y ,~ 3 M V9I ya y ~ ~ ~ M 5 .~ E N e ~_ $ ~. F .~ .-. a ~ o N N i~ .~. .+ N H ~ ~ W $ zz ,~, e P~ ~ °..3 ~ N h m ~ F ~ ~ ~ ~ E+ ~ ~ ~ L+ ~ a N M F W c ~ Y !. F~ ' ~ ~ ~" p c r d ~ °~ m a qq M n O ~ s w ~ ~ ~ o 'S w '~ a 00 _~ ~ ~ ~ ~ ,Q m ~ ~ ~ :3 ~ c a _ J Hf nif [c' t d by L'b rry M lual I G P Pccfs h'n umnce as's ad'orded by those companies BM W6N Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate is not an insurance policy and does not af5rma[ivcly or negatively amend, extend, or alter Ne wvaagc afforded by the policies listed below. Policy limits aye no less than those listed, although policies may include additional sublimity no[ listed below. Policy Imdts may be seduced by claims N paym is This is to certify that (Name and address of Insured) ELAM CONSTRUCTION INC AND ELAM PAVMG INC 556 STRUTHERS AVENUE GRAND ]UNCTION, CO 81501 is not allemA b an r uimment, term Ex iration T e Continuous' Extended X Policy Term Workers Compensation 07/01/2007/07/01/2008 ~ WC7-191A18482-017 General Liability Claims Made Occurrence Retro Date Automobile Liability Owned Non-Owned Hired C THIS MSURED'S GENERAL O Projects M M E N T Muetu~ r~ certificate all their terms, exclusions and conditions and Coverage aRorded under WC law of Employers Liability the following states: Bodily Injury By Accident CO $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person General Aggregate-Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage LiabiEty I Per Other Liability Personal and Advertising Injury I Per Person / Other Liability Each Accident -Single Limit - B. I. and P. D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence NOT WITH LIBERTY MUTUAL. - IMPORTAM If the cenifcate holder is rn AUUrfIONAL INYUREU, me pvucy(msl must oe rnaorsea. n er ngnn m me wmumw nw~cr ,,, ..e ,e„y~y SUBROGATION IS WAIVED, subject to We toms and conditions oftbe policy, certain policies may rtyuim an endorsemrnt. A statement on this cenifcate does not confer rights to the cenifcate holder in lieu ofsuch endorsements. The following applies only wish respect to insumnee for motor camera regis[tted in Florida: As provided for in Fla. Stag 6 320.@(Sxe), Ne listed insurance policy may not be cancelled on Ices then 30 days written notice by the insurer to [he Departmem of Hwy Safety & Motor VeM1ides, swh ld days notice to commence tram date notim is received by the Deperhnent Notice nfrsncellatinn: mnt aovlicahle unless a namber ofdavs is enter i bdowl. aefore the ststM expimnon date the company will not cancel orlNuce Ne insurance aaorded undm the above policies until at least 30 days nonce ofsuch cancellation has barn mailed to: Office: ENGLEWOOD, CO Phone: 303-799-0818 Certificate Holder: City of Aspen 130 S. Galena Street Aspen, CO 81611 +~ ~~+,~~ MELISSA SAPP Date Issued: 05/22/2008 Prepared By: SC ClienW: 51835 BELAMCON ACORDa, CERTIFICATE OF LIABI LITY INSURANCE o~znM oe " / PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 720 South Colorado Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600N Denver, CO 80246 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casualty Company 36161 Elam Construction, Inc. INSURER 6: Travelers Insurance 39357 556 Struthers Avenue INSURER C: Grand Junction, CO 81501-3826 INSURER O: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. LTR N TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMRE A GENERAL LU3ILRY C0325D667ATIL 12103/07 1O/O7/O8 EACH OCCURRENCE f1 OOO DDD X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED E3OO DDD DIAIM$MADE OCCUR MED E%P (Any mapersan) ES DDD PERSONALBADV INJURY E7 DDD DDD GENERAL AGGREGATE E2 DDD DDD GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG E2 DDD DDD POLICY X PE~ LOC A AUT OMOBILE LIABILITY 810325D667ATIL 12103/07 1O/O1/O8 COMBINED SINGLE LIMIT (Ea acdtlenU $1,000,000 X ANV AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Px ~~O) X HIRED AUTOS BODILY INJURY $ X NON-0WNED AUTOS (Per actltlent) X sical Dama Ph e Ded A l y g pp y PROPERTY DAMAGE X ACV (Par acdtlenq $ GARAGE LUU3ILITY AUTO ONLY-EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESSNMBRELLA LIABILRY CUP325D667ATIL 12/03/07 10/01/08 EACH OCCURRENCE $$ DDD DDD X OCCUR ~ CLAIMS MADE AGGREGATE $$ DDD DDD S DEDUCTIBLE $ X RETENTION $ 1O DDD S WC STATU- OTH- WORKER8 COMPENSATION AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANV PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDEDT E.L. DISEASE-EA EMPLOYEE E If yas, tlesaibe antler SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ A GTHER Leased 8:lor QTti5094746888TILD7 12/03/07 10/01/08 750,000 Less 10,000 Ded Rented Equipment A Owned E ui ment QT58D94746888TIL 12/03/07 10/01/08 ACV Less 5,000 Ded DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROWSIONS Per Project Aggregate Endorsement only applies when required by written contract 2008 Street Improvements Project Project number: 2008-022 (See Attached Descriptions) City of Aspen 130 S. Galena Street Aspen, CO 81611 1 of 7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUWGINSURER WILL ENDEAVOR TO MAIL zn• DAYS WRITTEN NOTICE TO THE CERl1FlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR ASWIL a ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this fonn does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverege afforded by the policies listed thereon. ACORD 25S (2001/06) 2 Of 3 ifS586309/M565291 DESCRIPTIONS (Continued from Page. 1) This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. The following cancellation conditions always apply: - 70 days for non-payment of premium - If policy shown, 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance AMS 25.3 (2007108) 3 of 3