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HomeMy WebLinkAboutresolution.council.152-18 RESOLUTION #152 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ASPEN DIGGER, 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 King Street Improvements between the City of Aspen and Aspen Digger, Inc, a true and accurate copy of which is attached hereto as Exhibit `B"; 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 King Street Improvements between the City of Aspen and Aspen Digger, 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 Council f the City of Aspen on the 10th day of December, 2018. Steven Sk dron, Mayor I, Linda Manning, 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, December 10, 2018. 4indaanning, City Cle A0, CITYOFASPEN CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on September 17, 2018, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and The Aspen Digger Inc., 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: 2018-50880 King Street Infrastructure Improvements , 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 FOUR HUNDRED TWENTY FOUR THOUSAND NINE HUNDRED SIXTY FIVE ($424,965.45) DOLLARS AND FORTY FIVE CENTS or as shown on the BID proposal. CCI-971.doc Page 1 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 i re 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 mar ner 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 tle 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 dull, authorized official in his/her absence) following a resolution of the Council of the Cite 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 re3resentatives. 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 --onfer upon or grant to any third party or parties, except to parties ro whom the Co-Itractor 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 con.ained. 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, covena-Its 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 part/ based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. cc1-971 doc Page 2 "CC1 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. 15. 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 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. 16.Certification and Supplemental Conditions to Contract for Services - Conformance with §8- 17.5.101, et seq. 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. Applicability. 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. CC1-971.doc Page 3 "CC1 "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., ct. seq.: By signing this document. Contractor certifies an J represents thal at this time: (i) Contractor does not knowingly employ or ::ontract with an illegal alien; and (ii) Contractor has participated or attempted t ) participate in the Basic Pilot Program in order to verify that it does not employ illegal -7liens. The Public Contract for Services referenced belc:w is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or con ract with an illegal a ien 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 C,Dntract 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 no' be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to urdertake 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 :)r 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 s 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 CC1-971.doc Page 4 "CC1 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 and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. T D Y: CITY OF ASPEN, COLORADO 1. By: Title: APPROVED AS TO FORM: By: l'`_`_'_ ity Attorney ATT D B ' CONTRA TOR: THE ASPEN DIGGER INC. y By: n o - Title: TP�FS\DF71JT 'f�ote-Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership,the Contract she<iWe signed by a Principal and indicate title. CC1-971.doc Page 5 "cC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ) ) SS. COUNTY OF Ag c r On this day of C�c r�E 2 20 / $ , before me appeared TO"65- to me personally known, who, YY" bya first duly sworn, did say.-iat s/he is_�FoeM of ,. "19 G& C.Z-) 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. k-- Notary Publi Address did v� My commission expires: D1 LINOAJ.CORCORAN NOTARY PUBLIC,STATE OF COLORADO NOTARY IO A 18951010371 MY COMMISSION FOMES FEBRUARY 2010 CC1-971.doc Page 6 "cc1 Amendment to Contract 2018-50880 King Street Infrastructure Improvements The Contract for the above named project shall be amended with the following changes to the Special Conditions: Original Special Conditions: 2.0 CONTRACT TIME 2.02 The Contractor shall execute the Construction Work with due diligence and shall fully complete in every detail of the Work to be done under this Contract within 35 Consecutive Calendar Days starting no earlier than August 27,2018 and finishing no later than October 31, 2018. Contract Time commences at the date determined at the Notice to Proceed Conference. All time extensions must be authorized by the Engineer. 2.3 All Work shall be one hundred percent(100%)complete for this project on or before October 31, 2018. The Contractor shall be responsible for implementing all improvements by this date. The amended Special Conditions shall be: 2.0 CONTRACT TIME 2.1 The Contractor shall execute the Construction Work with due diligence and shall fully complete in every detail of the Work to be done under this Contract within 71 Consecutive Calendar Days starting no earlier than April 1, 2019 and finishing no later than June 10, 2019. Contract Time commences at the date determined at the Notice to Proceed Conference. All time extensions must be authorized by the Engineer. 2.2 All Work shall be one hundred percent (100%) complete for this project on or before June 10, 2019. The Contractor shall be responsible for implementing all improvements by this date. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials: CITY OF ASPEN,COLORADO: ASPE G & [Signature] [ By. S 7<--- .,- By: 1 3-t)nP. RN—e] 44amel Title: Title: 2ecret- -�y�PcaU-Vcr- Date: Date: � 2(0 20(6 Approved as to form: Attomey's Office SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND J l' I� HOLE (hereinafter"Owner"). WHEREAS Owner(s) is (are) the owner(s) of the real property located at(street address and legal description of property) ( , vj� O Aspen, Colorado, and WHEREAS, Owner has recently completed new construction and desires to obtain a certificate of occupancy and WHEREAS, Owner's property is within a zone district or other area as designated on the City of Aspen adopted sidewalk, curb and gutter plan requiring construction of curb, gutter and sidewalk prior to issuance of a certificate of occupancy or in lieu thereof, an agreement for future construction pursuant to Section 21.16.050 of the Municipal Code; and WHEREAS, the City Engineer does not recommend the construction of curb, gutter and sidewalk on public right-of-way adjacent to Owner's property at this time due to existing improvements or conditions. NOW, THEREFORE, the parties agree as follows: 1. Owner agrees to construct curb, gutter and sidewalk meeting City specifications, along the frontage of owner's property (approximately feet), together with any associated asphalt work, at such time as the City of Aspen deems construction necessary and feasible. It is acknowledged by all parties that the present requirement is for two (2)foot gutter, six(6) inch vertical curb, and five (5) foot wide concrete sidewalk with five foot snow storage between sidewalk and curb, or as otherwise specified in the City of Aspen Sidewalk, Curb and Gutter Specifications in effect at the time of construction. As provided for in Section 21.16.060, Owner agrees to pave driveway from curb to property line. 2. In the alternative, at the City's option, the City may construct the above improvements and owner shall reimburse the City for all costs of such construction. Reimbursement shall be made to the City within ninety (90) days after receipt of invoice. In the event of failure to pay, the cost shall be placed as a lien against the property to run with the land. '�,� ^ BUILDIING DIF PAR TiAAEN7 3. In the event that the City determines that sidewalk Shall be constructed on ene side of the street:only, and if that side is the Owner's side of the street, ( caner agrees to constrLc1 the sidewalk with reimLursement of half the cost at a later date if the property a .ross the street froii the Owner is developed. If the City determines that the sidewalk shall be constructed across the street from the Owner, Owner shall participate in the cost of the sidewalk in the amount of half the cost. 4. This agreement shall insure to the benefit of the heirs, assigns, and successors in title of the parties hereto. Entered into thisJday of ��• �I State of Colorado ) County of Pitkin ) I I1 The foregoing instr ment was acknowledged before me th ddta y of by P Q Withss my hand jabd o i �Qy commiss on expires: JU ,\ No ry Public ^TRESA NUFFAK Address: t: _ �'� R HIRSCH � l' �) IV K.t V� �J NOTARY PUBLIC STATE Cf'COt=�cHDC Notary ID.M)PA021150 CITY OF ASPEN, COLORADO,, A Municipal Corporation Approved as to form: / r KM96.43 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land being part of Lots 19,20,21 and 22,Block 14 of the original Hughes Addition to Aspen,Colorado,and being fully within Tract 40, East Aspen Addition.Said parcel is more fully described as follows: Beginning at a point whence Corner 11 of,said Tract 40 bears N 13°44'W. 176.64 feet, thence S 22'33'W, 110.07 feet; thence N 64°25'W, 98.87 feet to the Easterly line of the patented portion of the Sunset Lode U.S.M.S.No.5310; thence N 34°47'42"L•, 109.03 feet along said Easterly line; thence S 66°09'E. 75.63 feet to the point of beginning AND A parcel of land being part of Lots 17, 18 and 19,Block 14,of the original Hughes Addition and being wholly within the patented portion of the Sunset Lode U.S.M.S.No.5310 Said parcel is more fully described as follows- Commencing at a point whence Corner 11 of Tract 40, East Aspen Addition bears N 13°44'W, 176.64 feet; thence N 66°09'W, 75.63 feet to a point on the Easterly line of the patented portion of said Sunset Lode,the true point of beginning; thence S 34`47'43"W, 109.03 feet along said Easterly line; thence N 64°25'W, 93 41 feel; thence N 26°52'E, 103.58 feet; thence S 66°34'E. 108.65 feet to the true point of beginning.