HomeMy WebLinkAboutresolution.council.099-01
RESOLUTION NO. 99
(Series of2001)
A RESOLUTION GRANTING THE CONSTRUCTION CONTRACT TO BASALT
CONSTRUCTION COMPANY, INC., FOR THE CITY'S MAIN STREET AND GALENA
STREET INTERSECTION IMPROVEMENTS PHASE-I, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a contract between the City of
Aspen, Colorado and Basalt Construction Company, Inc., 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 the contract between the City of
Aspen, Colorado, and Basalt Construction Company, Inc., regarding the Main St. (SH82) and
Galena Street Intersection Improvements Project, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf
of the City of Aspen.
Dated:~) / {:; ,2001.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy ~.. ~n a,ted by the City Council of the City of Aspen, Colorado, at a
meeting held. /,2001.
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RES-2001-099
CONTRACT FOR CONSTRUCTION
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THIS AGREEMENT, made and entered into ~~2eO / , by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City', and asalt 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: MAIN AND GALENA STREET
SIGNALIZATION, 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,
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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 NINTY FIVE THOUSAND
DOLLARS ($ 95,000) DOLLARS oras shown on the BID proposal.
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5.
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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.
8.
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.
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.
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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.
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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
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14.
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.
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.
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IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY: ~
d:Pik f) xi,
CITY OF ASPEN, COLORADO
By: ~/~~
Title: (7..-1r<( ~)~
'"----
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RECOMMENDED FOR APPROVAL:
~aM
City Engineering Department
APPROVED AS TO FORM:
By: a(j/2~
orn
)/1iDA- J f~
By:
ATTESTED BY:
Title:
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.
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CERTIFICATE OF INCORPORATION
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(To be completed if Contractor is a Corporation)
STATE OF (' f) to rA dD )
/' )SS.
COUNTY OF (M r..(r-e./d )
On this q-IY day of od-a her
,20 0 I, before me appeared
I to me personally known, who,
bei~ by me Irst duly sworn, did say that s/he is I; i ue r /'e, ~ f d-e "- -i- of
bOo. .s, LA. 1+ fir fl ~Q., -1-( (). d f n'" LO. 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.
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Notary Public
075(,p .j1.e.I{'~ gl","~5 12.,).5/1-1-, W
Address
My commission expires:
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Bond 1131408
PERFORMANCE BOND
I"""'" KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned. as,
Basalt Construction Co., Inc.
(PMC:'P:lI'!: N,mej
having a legal business
address at
1800 Medicine Bow Ct., Silt, CO 81652
a Corporation
tCorpQl':ltion, P3Mel"Ulip, Dr ndl'04a~1l
Pioneer General Insurance Co~pany
(N:lmeoISttreIYI.
6780 E. Ha~pden Ave., Denver, CO 80224
lA<I"ree~ or GurelyJ
as Principal, hereinafter called "Principal', and
a corporation organized under the laws of the Slate of Colorado , and qualified to transacl
business In the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of
Aspen, a Colorado home rule municipality, as Obligee, hereinafter Galled "City", In the amount of:
Eighty-seven thousand and no/100-----------------------____ ($ 87,000.00),
in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns. jointly and severally, firmly unto these present.
WHEREAS, Principal has by written agreement dated t@r7;;.l~., '7' , 20!Z.J entered
into a contract with City for MAIN AND GALENA STREET SIGNALIZATION in accordance with the
Contract Documents which Contract Documents is by reference made a p"rt hereof, "nd is hereinafter
referred 10 as the Contract.
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NOW, THEREFORE, if Principal shall well, truly and faithfully perform ils duties, all the undertaKings,
coven"nts, lerms, conditions and agreements of said Contract during the otiginal term thereof, and any
extensions thereof which may be granted by the City, with or without notice to the Surety and during the,
guaranty period. and if Principal shall satisfy all claims and demands incurred under such Contract. and shall
fully indemnify and save harmless City from all costs and damages which it may suffer by reason of failure to
do so, and shall reimburse and repay the City "II ouU"y and expense which the City may Incur In making
good any default, then this obligation shall be void;' otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Principal shall be, and declared by City to be in default under the Contract, the City having
performed City's obligation hereunder, the Surety may promptly remedy the defaull or sha.1I promptly:
Complete the Contract in accordance with its terms and conditions. or
(1)
(2)
Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and
upon determination by Surety of the lowest responsible bidder, or, if the City elects. upon
determination by the City and Surety jointly of the lowest responsible bidder, arrange for a contract
between such bidder and City, and make available as work progresses (even though there should
be a-default or succession of defaults under the Contract ()f Contracts of completion arranged under
this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price,
including other cosls and damages for which the Surety may be liable hereunder, the amount sel
forth in (he first paragraph hereof. The term "balance of the Contract price" as used in this
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BASALT CONSTRUCTION
No. 5520 P. 3
paragraph, shall mean the total amount payable by City to Principal under the Contract and any
amendments thereto, less [he amount properly paid by City to Principal.
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(3) Any contract or succession of contracts entered into hereunder for the completion of the Contract,
shall also be subject to this bond as part of the original Contract obligations.
This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26-
106, C.R.S., as amended.
This bond, as a penalty and indemnification bond, shaU also entitle City to recover as part of the completion
of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages,
liquidated and unliquidated damages, costs, reasonable attorneys fees and expert witness fees, Including,
withoulllmitations. the fees of engineering or architectural consultants.
Surely, for value received. hereby stipulates and agrees that to indemnify and save harmless the City to the
extent of allY and all payments in connection with the carrying out' of the contract which the City may be
required 10 make under the law by any reason of such failure or defwlt of the Principal.
Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents,
servants, and employees from and against aU claims and actions and all expenses incidental to the defense
of such claims or actions, based upon or arising oul of injuries or death of persons or damage to property
caused by, or sustained in connection with, this Contract by conditions created thereby, and on request of
the City will assume the defense of any claim or action brought against the City.
No right of action shall accrue on this Bond to or for the use of a,ny person or corporation other than the City
named herein or the employees, agents, administrators or successors of City.
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SIGNED AND SEALED this
2nd
day of October
.2001 .
PRINCIPAL:
'ZJ .
A
Attest:. .. .01'- ~ ~aj{;~
By:
Tille: jI,
SURETY:
Pioneer General Insurance Company
(seal)
By: ~trU:,
R~
Attest:
Title: Colorado Agent
NOTE: Accompany this bond with certifled copy of General Power of Attorney from the Surety to include the
date of the bond. (Dale of Bond must not be prior to date of Contract.) If Principal is Partnership, all partners
should execute Bond.
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BASALT CONSTRUCTION
PAYMENT BOND
No. JJ2U f. 4
Bond 1131408
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
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Basalt Construction Co., Inc.
l?rIfldl>aa NamR}
having a legal business
address at 1800 Medicine Bow Ct., Silt, CO 81652
(Ptitll;ipal'sAddress)
a
Corporation
tCOIJlOf;GCn. PaMeI'SNp, ll( Indi'oiduatJ
, as Principal, hereinafter called "Principal", and
Pioneer General Insurance Company
ISure\tsN;lmel
6780 E. Hampden Ave., Denver, CO 80224
(Sl.lrety's Adama)
a corporation organiZed under the laws of the State of Colorado , and qualified to transact business in the
State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule
municipality, as Obligee, hereinafter called "City", in the amount of :
Eighty-seven thousand and no/100--------------------------- ($ 87,000.00), in lawful
money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors,
administrators. successors and assigns, jointly and severally, firmly unto these present.
WHEREAS, Principal has by written agreement dated(JtD"'{;;U'1'" 9,20..2J entered into a contract with
Clly for a project entilled: MAIN AND GALENA STREET SIGNALIZATION, PROJ NO 2001.045
in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is
hereinafter referred to as the Contract,
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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to
ell claimants hereinafter defined, for all labor and material used or reasonably required for the use in the performance of
the Contract, then this obligation shall be void: otherwise h shall remain in full force and effect, subject, however, to the
following conditions: '
1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal for
labor, material, or both, used or reasonably required for the performance of the Contract. labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly
applicable to the Contract.
2. The above-name Principal and Surety hereby jointly and severally agree with the City that every claimant as
herein defined who has not been paid in full before the expiration of ninety (90) days after the date on which the last of
such c1aimanrs work or tabor was done or performed or materials were furnished by such claimant, may sue on this bond
for use or such sums as may be juStly due claimant, and have execution thereon. The City shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suit or action shall commence hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal shall have given wrillen
notice to any ot the following: The Principal, the City, or the Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or furnished the last of the material for which said claim is made,
stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or
for whom the work of labor was done or performed, Such notice shall be served by mailing the same registered mail or
certified mail, postage prepaid. in an envelope addressed to the Principal, City or Surety, at any place where an office is
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BASALT CONSTRUCTION
No, 5520 P. 5
regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the
State of Colorado.
(b) After the expiration of one (1) year following the date on which Principal ceased work on said
1"""'\ Contract, it being understood, however. that if any limitation embodied in this Bond is prohibited by any law controlling the
, construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
(c) Other than in a state of competent jurisdiction in and for the County of Pitkin, State of Colorado,
4. The amount of this Bond shall be reduced, to the extent of any payment or payments made hereunder,
inclusive of the payment by surety of liens or claims which may be filed of record against the improvement(s), whether or
not claim for the amount of such tien be presented under and against this Bond. .
5. This Bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26-
105, C.R.S.. as amended,
6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder. whose
claim may be unsalisfied.
SIGNED AND SEALED this
2nd
day of
October
,2001.
/ (seal)
Attest: \..~" j /YI\
../
J. fn~j/~
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Tille:
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SURETY: Pioneer General Insurance Company
(seal)
By:
~E'l1.A
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Attest:
Tille: Colorado Agent
NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the
date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Partnership, all partners should
execute Bond.
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BASALT CONSTRUCTION
No, 5520 P 6
Bond 1131408
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MAINTENANCE BONtl
KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as Basalt
Construction Co., Inc.
Principal,
of
Silt, CO
as
hereinafter referred to as "Principal", and
Pioneer General Insurance Co.
a corporation organized under the laws of the State of Colorado .' and qualified to
transact business in the State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen.
Colorado. as obligee, hereinafter referred to as "City," in the penal sum of:
Eighty-seven thousand and no/100-------------------~-------____________
Dollars ($ 87,000. 00 ), lawful money of the United States of America. for the Payment of
which sum, well and truly to be made to the City, we bind ourselves, and our heirs. executors, administrators,
successors, and assignees. jointly and severally, by these presents:
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WHER~ said Principal has entered Into a written Contract with the obligee dated
(/- -....-7.;. ~o I . .
20...El-. for furniShing all equipment, labor, tools and materials for: MAIN AND GALENA SIGNALIZATION
in accordance with detailed plans and specifications on file in th'e office of the City Clerk of said City, a copy
of which Contract i~ attached hereto and made a part hereof,
NOW THEREFORE. The conditions of the foregoing obligaUons are such that if the said Principal shall well
and truly perform all the covenants and conditiqns of this Contract on the part of said Principal to be
pertormed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and
save harmless the City of Aspen, Colorado, from all loss and damages to life or property suffered or
sustained by any person. firm or corporation. caused by said Principal or his agents or his employees, in the
performance of said work, or by, or in consequence of any negligence, carelessness, or misconduct In
guarding and protecting same. or from any improper or defective equipment or materials used in the work, or
other damages, costs and expenses and set forth In such Contracts, then this obligation shall be void
otherwise to remain in full force and effect in law.
This Bond guarantees that the material and equipment furnished and used, and workmanship employed in
the performance of the work described in this Contract will be of such character and quality as to insure it to
be free from all defects and in continuous good order and In a condition satisfactory to the Governing Body of
the City of Aspen for a period of two YEar(s) from the dale of the issuance of the Certificate of Completion.
This Bond guarantees that the said Principal will keep and maintain the subject work without additional
charge or cosl to the City of a period specified, and make such repairs or replacement of any defective
construction as the City may deem necessary.
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BASALT {ONSTRUCTION
No. 5520 P I
The said Principai shall not be required to maintain any part of the improvement under this guarantee which,
~ after its completion and acceptance shall have been removed or altered by the Cilyor its agent.
SIGNED AND SEALED this
2nd
day of
October
,20QL.
By:
;?"A
Attest: . ' /'fA /1"
J J!~ih
.. .
SURETY:
Pioneer General Insurance Co.
(seal)
By:
i~~
~ J...Y-Q~
Attest:
TiUe: Colorado Agent
r
(Accompany this bond with certified copy of General Power of Attorney from the Surety Company to Include
the date ofthe bond.)
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PIONEER GENERAL INSURANCE COMPANY
Denver, Colorado
POWER OF ATTORNEY
~NOW ALL MEN BY THESE PRESENTS:
That the PIONEER GENERAL INSURANCE COMPANY, a corporation of the State of Colorado has its principal office in the City of Denver. Colorado pursua
following By-law. which was adopted by the Board of Direcrors 01 the said Company in 1990. 10 wit:
~An:icle VI. Secnon2 - RESIDENT OFFICERS AND. ATTORNEYS-IN-FACT. The President or any Vice-President, acting with MY Secretary or Assistant Secret
have the authority to appoint Resident Vice-Presidents and Attomeys-In-Fac:t,with the power and authoriry 10 sign. execute, acknowledge and deliver on its behalf. a!
Arty and all undertakings of suretyship and to affix thereto the oorporate seal of the corporation. The President or any Vice-President, acting with any Secretary or )
Secretary, shall also have the authority to remove and revoke the authority of any such appointee at aJ1Y time, does hereby make, constitlJte and appoint
*** NETTIE AVERY, LORI.'ROBERTSON ***
*** ROBERT ASA JONES, KAROLE GERNER ***
*** BRYAN. AVERY, CINDY BREWER, JOE LUETKE ***
its true and lawful Anorney(s)-In-Fact, to make, execute, seal aJ1d deliver lor and on its behalf,as Surety:
. -- .------.----- --.-----.-........- . .----..-.-.--.-...------.-------.--------..--.-.----.........-.--.---.---.------.-.- - .......... .-...---.....".--..---.....-.---..---
And any and aI/undertakings of suretyship
And the ex8QJtion ot such bonds erundertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and j:
as jf they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Denver, Colorado, in their own persons.
The following Resolution was adopted at the Regular Meeting of the Board of Directors at the Pioneer General Insurance Company, held on June 1, 1990.
r'\ "RESOLVED, That the signatures otofficers ot the Company and the seal of the Company may be affixed bv facsimile to any Power of Attorney executed in ael
ith Arlide VI. "Section 2 of the Company By-laws; and [hat any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a
Assistant Secretary and facsimile seal shall be valid and binding upon the Company wilh respect 10 any bond,' undertaking or contract of suretyship to which it is anac
All aultiority hereby conferred shall remain in full force and effect until terminated b-I tho Company.
IN WITNESS WHEREOF, PIONEER GENERAL INSURANCE COMPANY' has caused these presents to be signed by its President and its corporate seal to be
affixed this 2nd day of September' .1il9
MPIO GENERAL INSURANCE COMPANY
/2tuJ'!JtJttl,{4t:t[
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County of Denver
ss.
By
-:;::;::_.....~~~
.~'f"~).\.I:i.:iL'~:
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;:7':;-:..:; ~~? 11 11;1'
Cj(~" E: A I
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State of Colorado
Secretary
PRESIDENT
'J~.:,:\.j~{~~~
My Commission Expires
On this 2nd day or September ,19..2.L, before me personally came Robert H. Warburton
to me known, who being by me duly sworn, did depose and say that (s)he resides in the County of Adams. StatEi of Colorado; that (s)he is the President of the F
GENERAL INSURANCE COMPANY, the corporation described in which executed the above instrument; that (s)he knows the seal ot the said corporation: that the se
to the saidinstrumenr is such corporate seal; that it was so affixed by order 0' the Board of Directors of said corporation; that (s)he signed (his) (her) name by like 0
[hat By.taw. NtideVI. Section 2, adopted by the Boardef Directorsotsaid refeered to in the peereding instrument, is now in force.
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OF 00\.0
1/18/2003
Public SJ~ ~ ~O-
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, M. J. Frick , Secrelary at PIONEER GENERAL INSURANCE COMPANY. do hereby certify thallhe at
foregoing is a true and correct copy of a Power of Anoroey executed by said PIONEER GENERAL INSURANCE COMPANY, which is still in full force and affect.
Signed and sealed at the City. of Denver, Colorado this
2nd
day at
October
,lijl200 1.
P133
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