HomeMy WebLinkAboutresolution.council.010-12 RESOLUTION #16
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND MUELLER CONSTRUCTION SERVICES FOR THE CONSTRUCTION
OF THE APSEN MUSIC SCHOOL PUMP STATION AND 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,
between the City of Aspen and Mueller Construction Services, 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 construction of the Aspen Music School Pump Station, between the City of
Aspen and Mueller Construction Services, 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 of the City of
Aspen on the 27 day of February 2012.
HVAir
Michael C. Ireland, ayor
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, February 27, 2012.
alSie
Kath. Koch, City Clerk
..
The City of Aspen
CONTRACT FOR CONSTRUCTION City Altornefl Office
THIS AGREEMENT, made and entered into on February 27, 2012, by and between the CITY
OF ASPEN, Colorado, hereinafter called the "City ", MUELLER CONSTRUCTION SERVICES,
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: ASPEN MUSIC SCHOOL PUMP STATION,
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 Five Hundred Forty Nine
Thousand Nine Hundred Ninety Four ($549.994.00) 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
CC1- 971.doc Page 1 "CC1
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.
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.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
ATTESTED BY: CITY OF PEN, OLORADO
Title:
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
B y:
City Engineering Department y Attorney
ATTESTED BY: CONTRACTOR:
B Joe Mueller jt t W
'.
Q e Stark
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.
CC1- 971.doc Page 3 "CC1
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF Colorado )
) SS.
COUNTY OF Garfield )
On this isth day of February , 2012, before me appeared
Joe Mueller , to me personally known, who,
being by me first duly sworn, did say that s /he is President of
Mueller Construction Services, Inc. and - at th-J-eal affixed to
said instrument is the corporate seal of said corporation, and tha said f strum: t was signed
and sealed in behalf of said corporation by authority of its board o dire / .tr�rs, anijsaid deponent
acknowledged said instrument to be the free act and deed of said orip . tion.
WITNESS MY HAND AND NOTARIAL SEAL the day and yea in this certificate firs above
written.
'+pTAR G, / +-s+ Si 1 4G Notary Pu
n '
� f * e,.. ed (fa/ 1 afro( /v
Address ,� u+ / ,,,, r ( Cd /b v
My commission expires: P2 /1( to / I' T
CC1- 971.doc Page4 "CC1
Client#: 123318 MUELCONS
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE o
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terns and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT Catherine Sommers
HUB International Ins Svcs Inc PHONE FAX
); 970 245-8011 (AIC, No): 866 9084374
2742 Crossroads ADDRESS: catherine.sommers@hubinternational.com
Grand Junction, CO 81506 PRODUCER
CUSTOMER ID #:
970245.8011 INSURERS) AFFORDING COVERAGE NAI:
INSURED INSURER A; Bituminous Insurance Companies
Mueller Construction Services, Inc. INSUREha: Pinnacol Assurance Company 41190
1113 Huebinger Drive
INSURER C
Glenwood Springs, CO 81601
INSURER')
INSURER E :
INSURER F: CA Resident License #0757776
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER pOUGY EFF POUCY EXP ' LIMITS ITR TYPE OF INSURANCE 115R Ova POLICY NUMBER jMMNOIYYYY) /MM/DW'/YYY)
A GENERALLIABIrTY X CLP3556368 107/01/2011 07 /01/2012, EACH OCCURRENCE 51,000,000
X COMMERCIAL GENERAL LIABILITY PD EMSES 5100,000
CLAIMS -MADE [ XI OCCUR MED EXP (Any one parson) 55,000
PERSONAL L ADV INJURY 11,000,000
GENERAL AGGREGATE 12,000,000 _
G � I
E ML AGGREGATE LIMIT MIT APPLIES PER: PRODUCTS - COMP/OP AGO 12,000,000
POLICY I Al -T n LoC
A AUTOMOBILE LIABILITY CAP3555981 07/01/2011 07/01/2012 COMDINED SINGLE LIMIT 5
(E. auclMdl 1,000.000
X ANY AUTO BODILY INJURY (Per person) $
ALL OWNED ALTOS BODILY INJURY (Per .cddem) S
SCHEDULED AUTOS PROPERTY DAMAGE
X HIRED AUTOS
(Per saddest) $
S
X NON-OWNED AUTOS
S
Al x UMBRELLA LLAS X OCCUR CUP3591015 07/01/2011 07/01/2012 EACH OCCURRENCE $1,000,000
EXCESS LJAB CLAIMS -MADE AGGREGATE 51,000,000
DEDUCTIBLE . $
X RETENTION S 10,000
B WORKERS COMPENSATION 4073583 104/01/2011 04/01/2012 X Iwc STAT
i IM ITR F0.
I f
AND EMPLOYERS' IJABILITY TORY
ANY PROPRIETORIPARTNEFUEXECUi1VEYr WA E.L. EACH ACCIDENT 11,000,000
OFFICER/MEMBER EXCLUDED? L�
(Mmdatay IR NH) EL DISEASE - EA EMPLOYEE 11,000,000
Dyes describe order
DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT 51,000,000
DESCRIPTION OF OPERATIONS/LOCATORS / VEHICLES (Attach ACORD 101. Additional Remarks Schedule, It more apace Is required)
RE: Aspen Music School Pump Station. Protect no. 2011 -095
The City of Aspen, Its officers and employees are additional insured as regards general (lability
CERTIFICATE HOLDER CANCELLATION
City of As SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
130 S Galena St ACCORDANCE WITH THE POLICY PROVISIONS.
Aspen, CO 81611
AUTHORIZED REPRESENTATIVE
12.4.4 .
01988 -2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S1557353/M1227065 LWO1
Hug
Infernalional
The certificate of insurance we have issued on your behalf has changed from previous forms.
ACORD, the insurance industry standards leader for Forms, updated the Certificate of Insurance
Form 25 in May 2011. Regulations require that agencies use current versions of ACORD.
The new form is different from previous versions regarding the "notice of cancellation" clause
provided to the certificate holder. Why was this change necessary?
• To align the certificate with the policy contract. Cancellation provisions are rights
under the policy and are not voluntary provisions that we can alter. Policy forms must be
approved by the state department of insurance by law.
We are often asked to alter the certificate, or to issue proprietary certificates provided by the
certificate requestor. However, there are a number of reasons we are unable to comply with these
requests:
• ACORD forms are copyrighted, and can only be used in the ways permitted by their
licensing agreement, which states that they cannot be used after new forms have been
released.
• Any document that promises a policy right is considered a policy form. Policy forms
must be approved by the state department of insurance by law.
• Notice of cancellation is a policy right, not an unregulated service. No insurer shown
on this certificate is able to provide the cancellation notice you desire by endorsement.
For example, the insured can cancel immediately, so it would be impossible for the
insurer to give you the notice you request. State law also grants the insurer the right to
cancel for reasons such as nonpayment with less notice than you require.
• Knowing that we cannot give notice under certain circumstances, giving a certificate
promising notice would consist of misrepresentation or fraud, which could subject our
agency and staff to civil and criminal penalties.
• Our insurance company contracts only allow us to issue unaltered ACORD forms.
Many proprietary certificates include broad, vague, or ambiguous language that may or
may not be in compliance with state laws, regulations, and insurance department
directives. Therefore, we cannot issue any proprietary certificates that have not been
reviewed by our state insurance department.
We appreciate your understanding of the legal restrictions on our ability to comply with your
request.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to include as an additional insured any person or
organization who is required by written contract to be en additional insured on your policy, but only
with respect to liability for 'bodily injury', °property damage' or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations for the additional insured(s) at the project(s)
designated in the written contract.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury' or 'property damage" occurring after:
1. All work, including materials, parts or equipment fumished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insureds) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
This insurance is excess of all other insurance available to the additional insured, whether primary,
excess, contingent or on any other basis, unless the written contract requires this insurance to be
primary. In That event, this insurance will be primary relative to insurance policy(s) which designate
the additional insured as a Named Insured In the Declarations and we will not require contribution
from such insurance if the wriften contract also requires that this insurance be non-contrbutory.
But with respect to all other insurance under which the additional Insured qualifies as an insured or
additional insured, this Insurance will be excess.
GL -4667 (01/11)
Includes Copyrighted Materiel of Insurance Services Office With Its Permission
'Construction Manager means a person or organization designated as 'construction manager in your
written contract or written agreement, and has management or supervisory responsibilities over your
operations for the protect designated In your written contract or written agreement.
' Engineer means a parson or organization who has been engaged by the 'owner, 'contractor or
' construction manager to perform engineering services for the project designated in your written
contract or written agreement and has a contractual responsibility for supervising, directing or
controlling your operations on such project.
' Archhect means a person or organization who has been engaged by the 'owner, 'contractor or
' construction manager to perform archltectural services for the project designated In your written
contract or written agreement and has a contractual responsibility for supervising, drooling or
controlling your operations on such project.
Any coverage provided herein will be excess over any other valid and collectable Insurance available to
the additional insureds) whether primary, excess, contingent or on any other basis unless you have
agreed in a written contract or written agreement executed prior to any loss that IS Insurance will be
primary. However, any other Insurance speegkally purchased for a designated project(s), Including but not
Milled to additional insured coverage, owners contractors protective coverage, etc., will be primary with
the insurance provided by this endorsement being excess. If this Insurance Is determined to be primary,
we agree not to seek contribution from such other Insurance only 11 you have so agreed in the written
contract or written agreement.
C. AUTOMATIC WAIVER OF SUBROGATION
item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDRIONS, is deleted and replaced
with the following:
9. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation.
a. 11 the Insured has rights to recover all or part of any payment we have made under lids
Coverage Form, those rights are transferred to us. The insured must do nothing atter Toss to
Impair those rights. Al our request, the insured will bring 'suit' or transfer those rights to us and
help us enforce them.
b. If required by a written contract executed prior to loss, we waive any right of recovery we may
have against any person or organization because of payments we make for Injury or damage
arising out of 'your work' for that person or organization.
D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL
Item A2.b. of the COMMON POLICY CONDITIONS, Is deleted and replaced with the following:
A.2.b. 60 days before the effective date of the cancellation If we cancel for any other reason.
Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced
with the following:
9. WHEN WE DO NOT RENEW
a. If we choose to nonrenew this policy, we will mail or deliver to the gist Named Insured shown in
the Declarations written notice of the nonranewal not less than 60 days before the expiration
date.
b. If we do not give notice o1 our intent to nonrenew as prescribed In a. above, it Is agreed that you
may extend the period of this policy for a maximum additional s&ty(60) days from fts scheduled
expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates
witl remain in effect during that extension period. 11 Is further agreed that so long as it is not
GL-3084 (01/06) -4-
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -COMPLETED OPERATIONS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Section I1 — Who Is An Ineused Is amended to include as an additional Insured any person or
organization who Is required by written contract to be an additional Insured on your policy for completed
operations, but only with respect to liability for ° bodily Injuy or 'property damage' caused. in whole or In
part, by your work' at the project designated in the contract, performed for that additional insured and
included In the 'products-completed operations hazard'.
This insurance is excess of all other insurance available to the additional Insured, whether primary,
excess, contingent or on any other basis, unless the written contract requires this Insurance lo be
primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the
additional insured as a Named Insured in the Declarations and we will not require contribution from such
insurance if the written contract also requires that this insurance be non - contributory. But with respect to
all other insurance under which the additional insured qualifies as an insured or additional Insured, thls
insurance will be excess.
GL -4665 (01/11)
Includes Copyrighted Material of Insurance Services Office With Its Permission