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HomeMy WebLinkAboutresolution.council.105-01 .RESOLUTION # 105 (Series of 2001) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ROARING FORK BUILDERS, SETTING FORTH THE TERMS AND CONDITIONS REGARDING CONSTRUCTION OF THE WAGNER PARK RESTROOM FACILITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Roaring Fork Builders, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Roaring Fork Builders regarding construction of the Wagner Park Restroom Facility, 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: ~ /~.~ ~ 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 meetin~ held November 12, 20~)1 - K~r~n-~ Koch, City Clerk PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each request for review or approval Contracts under $5.000 require only Department Head approval. Contracts over $5.000 requtre City Manager approval. They do not require competitive bids but require documentation of source selection process. Contracts over $I0.000 require City Attorney and City Manager approval. Competitive bidding process is required. Contracts over $25.000 require City Council approval ALL CONTRACTS Procurement Description: ~~N ~/~J~t~ /~::~/~., Budget estimate: $ ~ ~0~ O~ . Is proposed expenditure approved in the Department's budget? .~ / Yes No Explain process for vendor s}lec~on: -C~ ; ~ - ~ ~~ - ~ _'~ ~ /~ /~/ Dept. Head approval of proposal: CON~ACTS OVER $5~000 A~ ~ER $10~000 Contractor/Vendor Selected: Dept. Head approval: __ City Attorney review: __ City Manager Approval: Original signed contract documents to City Clerk. Department and to Vendor/Contractor CONTRACTS OVER $10~000 ~/~/O~?RFPorlTB Complete .~i~ ~'~ __ Eng. Dept. Review: )/~ff~ RFP or ITB Reviewed by City Attorney: ~1s' Advertisement 2~ Advertisement (Attach Advernsement ~ ,~{~/~/ Bid Opening: Contractor/Vendor Selected: ~ Award letter sent: II q'/a[/ 3 signed contracts returned bk~t'~r/co~.racto"'r'~ // Performance and Payment Bonds received / / Certificate of insurance received / / / Finance Department Review: If Over $25,000,0 /~/~l/ Prepare cover memo and resolution for City Council Approval. / / / City Attorney Review. / / / City Manager Approval: / / / City Council Approval / / / Notice to Proceed Original signed contract documents to City Clerk, Department and Contractor/Vendor City of Asven Parks Depmune~r 130 S- Galena St.. Ashen. CO 81611 FAX Number of pages including cover sheet: FROM: Scott Chism TO: /I//f--,te- /q-Z~"./-~ Phone: 970-544-3175 Phone: Fax Phone: 970-920-5128' ~,~rhone: ¢~O- ~0~./ ~.-,,~: CC: ~' ~~ (~~ Ple~e r~ond by e-mail when~ ~Ossible. I REMARKS: [] Urgent [] For your review [] Reply ASAP [] Please Comment A//f.d~- - C.~.y,~,. /a~u/~'zU ~ /~u~ /~ ~ ,,~~~ ,, ~~ ~y ~~/~ ~ ~ Please respond lye e-mail whenever possible. PUBLIC NOTICE CITY OF ASPEN INVITATION TO BID WAGNER PARK RESTROOM AND MAINTENANCE FACILITY BID NO. 2001-030 The City of Aspen Parks Department is inviting submittal of letters of interest and statements of qualifications from qualified General Contractors to conslract a new public restroom and maintenance facility located at Wagner Park in central Aspen. Construction activity is anticipated to begin late September 2001 and continue until early June 2002. Sealed submittals should be titled and addressed to: Wagner Park Restroom and Maintenance Facility, City Project #2001-030, City of Aspen Parks Department, 130 South Galena St., Aspen, CO 81611, or dropped off at the Parks Department Office at 585 Cemetery Lane. Submittals will be accepted until June 26, 2001, 4:00 pm., MST. The comact person for the project is Scott Chism, Project Manager, (970) 544-3175. The City of Aspen reserves the right to reject any and all submittals by applicants. The General Contractor will be involved with preconstruction services, including cost estimating and value engineering, and be responsible for all work necessary to construct the project. BY ORDER OF THE CITY OF ASPEN, COLORADO Scott Chism, Parks Planner Exhibit A CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on November 7, 2001 , by and between the CITY OF ASPEN, Colorado. hereinafter called the "City", anc~ ROARING FORK BUILDERS, INC., hereinafter called the "Contractor". WHEREAS, the City has caused to be prel~ared 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: Wagner Park Restroom Facility, 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 'n 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 anc~ 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 Seven Hundred Sixty-Three Thousand Seven Hundred Ninety ($763~790.00) 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.ooc 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 undersigne.d 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 O F ASPEN, C?~,~( RAI30~ RECOMMENDED FOR APPROVAL: AF PROVED AS TO FORM: ering Department ATTESTED BY: CONTRACTOR: By: ~ Title: p~rD~,¢' 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. CCl-9?l.doc Page 3 **CC1 ADDENDUM TO Tlq~ CONTRACT FOR CONSTRUCTION, DATED NOV. 7, 2001 BETWEEN TH~ CITY OF ASPEN & ROARING FORK BUILDERS, INC. The following items as shown on the plans and specifications are deleted from the contract or amended, as follows: I. Eliminate Sports Overlook/Park Storage Structure; 2. Eliminate Kiosk; 3. Eliminate Bench; 4. Eliminate P.A. system allowance; 5. Photo Volteic System shall be amended to a 3608 Watt system as defined by Eco Electric dated November 2, 2001, included as Exhibit B; 6. The City shall be responsible for all demolition, tree removal, brick removal and replacement, and utility shutoffs, and leave the site clear and level and ready for excavation; and 7. Exposed steel shall be unfinished. IN WITNESS WIIEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. RECOMMENDED FOR APPROVAL: APPROVAL AS TO FORM: .~,~.,-z~:.'~--~ ~ By: //dity Enginee~g~)epartment ~--~Att(Jrr~y - By: Title: Note: Certification of Incorporation shall be executed if~o~ac~r~s ~;",~o%oration. If a partnership, the Contract shall be signed by a Principal~..~ STATE OF COLORADO } %¢~. ..'~O~ COUNTY OF PITKIN ) ~e. fOregoing i~stro~ent was acknowledged ~i$~i~0~)¢~. Commission expires,: CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ) ) SS. COUNTY OF .) On this day of .20 , before me appeared , to me personally known, who, being by me first duly sworn, did say that s/he is of 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 ~y 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. Notary Public Address My commission expires: CCl-971.doc Page 4 **CC1 Mo',., 0'7 O1 l~]:51a p.1 ~9ov ~37 O! p.~ 8861, NOIJ. 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