HomeMy WebLinkAboutresolution.council.024-21RESOLUTION # 024
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND NORCON INDUSTRIES INC., D/B/A NORCON OF NEW MEXICO 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
locker removal and installation at the Aspen Golf Club, between the City of Aspen
and Norcon Industries Inc., d/b/a Norcon of New Mexico, 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
locker removal and installation at the Aspen Golf Club, between the City of Aspen
and Norcon Industries Inc., d/b/a Norcon of New Mexico, 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 9th day of March 2021.
7uw-,
Torre, Mayor
I, Nicole Henning, 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, March 9', 2021.
Nicole Henni g, City Clerk
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CITY OFF ASPEN
CONTRACT FOR CONSTRUCTION
(Short Form)
THIS CONTRACT, made and entered into on 2/23/2021 1 9:23:06 AM PST by
and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Norcon
of New Mexico, hereinafter called the "Norcon".
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,
tools, machinery, equipment, temporary utilities, transportation, disposal, and any other
facilities needed therefor, and to complete in a good, workmanlike and substantial manner
the Project as described in the Scope of Work and/or Proposal appended hereto as
Exhibit "A" which is incorporated herein as if fully set forth (the "Project').
2. Plans and Specifications; Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or Proposal
appended hereto for the same approved in writing by the parties hereto. The Project shall
also be constructed and completed in strict compliance with all laws, ordinances, rules,
regulations of all applicable governmental authorities, and the City of Aspen Procurement
Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-
08-040. Contractor shall apply for and obtain all required permits and licenses and shall
pay all fees therefor and all other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and Contracts
herein contained being performed and kept by Contractor, including the supplying of all
labor, materials and services required by this Contract, and the construction and
completion of the Project, City agrees to pay Contractor a sum not to exceed ($77.387 )
DOLLARS as shown on "Revision 3" of Norcons bid as well as additions shown on
Exhibits "A-C".
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter diligently
and continuously to completion, and in any and all events to substantially complete the
same not later than May 17`h. 2021, subject to such delays as are permissible under the
"Extension of Time for Completion" section of this Contract.
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Contractor's failure to remedy any such failure within 3 days from receipt of such notice,
terminate this Contract and provide the necessary material and workmen to finish the
work and may enter upon the Property for such purpose and complete said work. The
expense thereof shall be deducted from the payments remaining under Paragraph 3 above,
or if the total cost of the work to City exceeds the amount of such remaining payments,
Contractor shall pay to City upon demand the amount of such excess in addition to any
and all other damages to which City may be entitled. In the event of such termination,
City may take possession of all materials, equipment and appliances belonging to
Contractor upon or adjacent to the Property upon which said work is being performed and
may use the same in the completion of said work. Such termination shall not prejudice or
be exclusive of any other legal rights which City may have against Contractor.
10. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during the time provided
for herein. However, the time during which Contractor is delayed in said work by (a) the
acts of City or its agents or employees or those claiming under Contract with or
permission from City, or (b) the acts of God which Contractor could not have reasonably
foreseen and provided against, or (c) unanticipated stormy or inclement weather which
necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by
employees or labor organizations and which are beyond the control of Contractor and
which it cannot reasonably overcome, or (e) the failure of City to make progress
payments promptly, shall be added to the time for completion of the work by a fair and
reasonable allowance. Contractor recognizes, however, that the site of the work is in the
Rocky Mountains at a high elevation where inclement whether conditions are common.
This fact has been considered by Contractor in preparing its Proposal and or agreeing to
the Scope of Work. Furthermore, Contractor shall have the right to stop work if any
payment, including payment for extra work, is not made to Contractor as provided in this
Contract. In the event of such nonpayment, Contractor may keep the job idle until all
payments then due are received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expenses or purchasing any other materials for the Project,
shall proceed to inspect the work site and all visible conditions and that if, at the time of
inspection therefor, the Contractor finds that the proposed work is at variance with the
conditions indicated by the Proposal, Scope of Work, or information supplied by City, or
should Contractor encounter physical conditions below the surface of the ground of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract or inherent in
a work site located in the Rocky Mountains, Contractor shall so notify City, and City
shall at that time have the right and option to immediately cancel and terminate this
Contract or to instruct Contractor to continue the work and add the additional amount
attributable to such unforeseen conditions to the payments due Contractor as set forth
above.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such costs, building permit fees, insurance and such financing
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a. The Contractor agrees to procure and maintain, at its own expense, a policy
or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. Such
insurance shall be in addition to any other insurance requirements imposed by this contract
or by law. The Contractor shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to the terms of this Contract by reason of its failure to procure
or maintain insurance, or by reason of its failure to procure or maintain insurance in
sufficient amounts, duration, or types.
b. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed in the
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such coverage
shall be procured and maintained with forms and insurance acceptable to City. All coverage
shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of
any claims -made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
1. Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Workmen's Compensation requirements of this paragraph.
2. Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The
policy shall include coverage for explosion, collapse, and underground hazards. The
policy shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned,
hired and non -owned vehicles assigned to or used in performance of the services.
The policy shall contain a severability of interests provision. If the Contractor has no
owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each
employee of the Contractor providing services to the City under this contract.
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discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith. All moneys so paid by
City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or
vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid
for by City as extra work under Paragraph 8 above. If, however, the estimated cost of
replacement of the work already completed by Contractor exceeds twenty (201/6) percent
of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel
this Contract and, in such event, Contractor shall be paid the reasonable cost, including
net profit to Contractor in the amount of ten (10%) percent, of all work performed by
Contractor before such cancellation.
17. Notices. Any notice which any party is required or may desire to give to any
other party shall be in writing and may be personally delivered or given or made by
United States mail addressed as follows:
To City:
City of Aspen
ATTN: Steve Aitken. Director of Golf
130 South Galena Street
Aspen, Colorado 81611
To Contractor:
Norcon of New Mexico
ATTN: Phil Wright
15200 East Girard Ave., Suite 4600
Aurora, CO 80014
subject to the right of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
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23. Entire Contract. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes all prior Contracts
between City and Contractor respecting such matters.
24. Waivers. No waiver by City or Contractor of any default by the other or
of any event, circumstance or condition permitting either to terminate this Contract shall
constitute a waiver of any other default or other such event, circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
succeeding; and no failure or delay by either City or Contractor to exercise any right
arising by reason of any default by the other shall prevent the exercise of such right while
the defaulting party continues in default, and no waiver of any default shall operate as a
waiver of any other default or as a modification of this Contract.
25. Remedies Non -Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or permitted,
but each shall be cumulative and shall be in addition to every other remedy.
26. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or equity
shall be Pitkin County.
27. Attorneys' Fees. If either party to this Contract shall institute any action
or proceeding to enforce any right, remedy or provision contained in this Contract, the
prevailing party in such action shall be entitled to receive its attorneys' fees in connection
with such action from the non -prevailing party.
28. Severability. Any provision in this Contract which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions, and to this end the provisions of this Contract
are declared to be severable.
29. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, age, marital
status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or
Vietnam era veteran. The Contractor will take affirmative action to insure that applicants
are employed, and that employees are treated during employment without regard to their
race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a
disadvantaged person, or a disabled or Vietnam era veteran. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
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laws also require that all contracts for services include certain specific language as
set forth in the statutes. The following terms and conditions have been designed to
comply with the requirements of this new law.
b. 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.
b. 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.
"Public Contract for Services" means this Agreement.
"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.
C. By signing this document, Contractor certifies and represents that at this
time:
and
(i) Contractor does not knowingly employ or contract with an illegal alien;
(ii) Contractor has participated or attempted to participate in the Basic
Pilot Program in order to verify that it does not employ illegal aliens.
d. Contractor hereby certifies that:
(i) Contractor shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired
for employment in the United States under the Public Contract for
Services.
(ii) Contractor shall not enter into a contract with a subcontractor that
fails to confirm to the Contractor that the subcontractor shall not
knowingly hire new employees without confirming their employment
eligibility for employment in the United States under the Public Contract
for Services.
(iii) Contractor has verified or has attempted to verify through
participation in the Federal Basic Pilot Program that Contractor does not
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(ix) If Contractor operates as a sole proprietor, Contractor hereby
swears or affirms under penalty of perjury that the Contractor (I) is a
citizen of the United States or otherwise lawfully present in the United
States pursuant to federal law, (2) shall comply with the provisions of CRS
24-76.5-101 et seq., and (3) shall produce one of the forms of
identification required by CRS 24-76.5-103 prior to the effective date of
this Agreement.
34. Electronic Signatures and Electronic Records. 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.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
APPROVED AS TO FORM:
By
Ci
Attorney
CITY OF ASLORADO
lam' .a Pis��r
By: F
Acting City Manager
CONTRACTOR:
[Lunn, Qk,Ars&.
By. d9 FRIFA
vice President/manager
Page: 13
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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 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.
Notary Public
Address
My commission expires:
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Exhibit A
From: Phil w <phil.w@norconnewmexico.com>
Sent: Friday, February 12, 2021 12:12 PM
To: Jim Pratt <jim.pratt@citvofaspen.com>
Cc: Steve Aitken <steve.aitken@citvofaspen.com>; Tara Nelson <tara.nelson@citvofaspen.com>; Dominic Lanese
<dominic.lanese@citvofaspen.com>; Brad Fite <brad.fite@citvofaspen.com>
Subject: RE: Aspen Golf Club
See responses in Red.
Phit Wright
NORCON
OF NEW Htx1cO
d D
Direct Line:
303.547.1791
Main Office:
505.343.8801
Main Fax:
505.344.4788
Email:
phil.w(a)norconnewmexico.com
Website:
www.norconnewmexico.com
New Mexico:
8437 Washington Place NE, Suite B
Albuquerque, NM 87113
Colorado:
15200 East Girard Ave., Suite 4600
Aurora, CO 80014
From: Jim Pratt
<iim.pratt@cityofaspen.com>
Sent: Friday, February 12, 2021 11:53 AM
To: Phil w <phil.w@norconnewmexico.com>
Cc: Steve Aitken <steve.aitken@citvofaspen.com>; Tara Nelson <tara.nelson@citvofaspen.com>; Dominic Lanese
<dominic.lanese@cityofaspen.com>; Brad Fite <brad.fite@citvofaspen.com>
Subject: RE: Aspen Golf Club
Phil,
Thank you! This looks great and your bid is very competitive. I do have a couple questions:
- You said "2.5" x 5" Oval slot..." this would not be oval. This would be rectangular, correct? Yes, it can be
rectangle.
- The "Padlock Hasp", would someone be able to put a padlock on this? Yes, the hasp is made for a padlock. See
attached.
- It says that there is an add on for "carpet and disposal IN locker rooms" does this mean that the $1,875 includes
all the demo and disposal fees? Yes, says demo & disposal.
- Are there ANY other fees or equipment rental fees that you are not including on this estimate? I see the
"clarifications" not at the bottom of your estimate. If you need or anticipate ANY other fees. Clarifications are
on second page. There will not be any other fees.
- Can you show a list of the color and texture options this includes? Attached are the color options.
Thank you for making these clarifications.
Best,
Jim
Exhibit C
Great, I'll let them know.
Phil Wright
NORCON
OF NEW MEXICO p
Direct Line: 303.547.1791
Main Office: 505.343.8801
Main Fax: 505.344.4788
Email: phil.w(norconnewmexico.com
Website: www.norconnewmexico.com
New Mexico: 8437 Washington Place NE, Suite B
Albuquerque, NM 87113
Colorado: 15200 East Girard Ave., Suite 4600
Aurora, CO 80014
From: Jim Pratt <[im.pratt@citvofaspen.com>
Sent: Thursday, February 18, 2021 8:31 AM
To: Phil w <phil.w@norconnewmexico.com>
Cc: Randy Lopez <randv.l@norconnewmexico.com>
Subject: Re: Lockers
I'm all in favor of larger lockers as long as it doesn't shrink the number of lockers and keeps our ADA requirements.
Thank you.
Sent from my iPhone
On Feb 18, 2021, at 8:29 AM, Phil w <phil.w@norconnewmexico.com> wrote:
Good morning Jim,
Summit has mentioned something else, that I thought I would get your thoughts. They tell me that the
lockers can be 19" deep like quoted or 20" deep (outside dimensions) at no extra cost, there is just less scrap
to discard. Would you like to see the drawings at 20" deep?
Phil Wright
<image001.png>
Direct Line:
303.547.1791
Main Office:
505.343.8801
Main Fax:
505.344.4788
Email:
phil.w(a)norconnewmexico.com
Website:
www.norconnewmexico.com
New Mexico:
8437 Washington Place NE, Suite B
Albuquerque, NM 87113
Colorado:
15200 East Girard Ave., Suite 4600
Aurora, CO 80014
Hi Jim,
Sorry, I was out when you called.