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HomeMy WebLinkAboutresolution.council.039-02 RESOLUTION NO. Series of 2002 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Grand River ConStruction Co. AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and Grand River Construction Co. 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 that CONTRACT between the City of Aspen, Colorado, and Grand RIver Construction Co 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: ~ /~'~"~'-~ Helen Klan~t~f~, Mayo~ CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on 5/13/02, by and between the CITY OF ASPEN, Colorado, hereinafter called the "CitY", and _Grand River Construction Co, here in after 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: 2002 Street Improvements Project (Project # 2O02-019). 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 One Hundred Eight Thousand One Hundred Eighty Four Dollars and Fity Six Cents(S108,184.56) or as shown on the BID proposal. CC2-971.doc Page I **CC1 .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 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 CC2-971.doc Page 2 **CC1 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. 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 ASPEN, COLORADO Title: / RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: Cit~tree~epartr~it 6"ft~'~,~tt 6 r n§~ ATTESTED BY: CONTRACTOR: 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. CC2-971,doc Page 3 **CC1 ~ .. CERTIFICATE OF INCORPORATION ~ ::~ (To be completed if Contractor is a Corporation) STATE OF C/'o/o .' ~- ,~ o ) COUNTY OF ~->~.~ ~ ~/r~ .)) SS. On this .,~ day of /N/o.v ,1"9, , before me appeared G ~'~e~, 9, ~ '~::~,y , to me personally known, who, being by"~e first duly sworn, did say that s/he is t~.- ~.~., Pc ..~ -/- of G,,'~c~ ~o¢/ ¢"~,,~/.oc/,~.~ d'c~ andthatthesealaffixed 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: ~'/ - ,,'2- -<=~¢-4''-~ CC2-971.doc Page 4 **CC1 BOND'NO, s283012 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, GRAND RIVER CONSTRUCTION COMPANY having a legal business addresser P.O. BOX 1236, GLENWOOD SPRINGS, CO 81602 , a CORPORATION as Principal, hereinafter called "Princlpal", and EMPLOYERS MUTUAL CASUALTY COMPANY P.O. BOX 441098, AURORA, CO 80044 a corporation organized under the laws of the State of IOWA , and qualified to transact business in the State of Colorado, hereinafter called ~urety". are held end firmly bound untO the City of Aspen, a Colorado home rule municipality, as Obliges, hereinafter called "Cit,/'. fn the amount of: ONE HUNDRED EIGHT THOUSAND ONE HUNDRED EIGHTY FOUR DOLLARS & 56/100(~08.184.56), 'n law~I money of the United States for payment whereof PdnoMpal and Surety bind. themselves, ~eir heirs, executors, administrators, successors and assigns, jointly and severally, fi~mly unto the~e present. WHEREAS, Prlncical ha~ by ~dEcn agreement da[ed ~/~1.~, ~ .o~ .~ ,2002__, entered into a contract with City for 2002 Street [mprovementF'roject (Project 2002-0~9;I in accordance with the Gontrac~ Documents which Con~rac~ Documents is by reference made s par~ hereof', and is hereinafter referreO tO as me Contract. NOW. THEREFORE, if Principal shall well. truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract dudng the odg~nal term thereof, and any extensions [hereof which may be granted by the City, with or without notice to .the Surety and dudng 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 cass anc damages which it may suffer by reason of failure ~o aa so, and shall reimburse and repay the City a~l outlay and expense which the City may incur Jn making good any default, then this obligation shall De void; otherwise Jt shall remain in fall force and effect. The Sdrety herel3y waives notice of any alteration or extension of §me made by the City. Whenever PdnCil~al shall be. and declared by City ~o be in default under the Contract. the City having r~erformed City's obligation hereunder, the Surety may promptly remedy the default or shall prompfJy: Complete ~e Contrac~ in accordance with its terms and emnd~tions, or (2) Obtain a bid or bids for completing the Contract in accordance With [ts terms and conditions, and upon detert'nina'don by Surety of ~e lowest responsible bidder, ar, if me City sleets, upon deterrnine~ien by the City end Surety jointly or th~ lowest responsible bidder, arrange for a Contract bet'ween such bidde~ and Cib/, and make available as work progresses (even though ~ere should be a defauJ~ or succession of defaults under' the Contract or Contracts of completion arranged under this paragraph) su~cient funds to pay me cos[ of completion less [ne Dalance of the conzract prlca, including other cass and oamagee for which the Surety may be liable neraunoer, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in ~his paragraph, alkali mean the total amount payable by City to Principal under the Contract and any amendments thereto, tess the amount properly paid by City to Principal, (3) Any contract or succession of contracts entered into hereunder for the completion of the ContrecL 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, ss a penaltY/and indemnification bond, ,shall also en~le C~ to 'mc. over aa p~u't of the c~mpletion of the Contract or the payment of any labor Or material costs hereunder, actual and consequential damages, liquidated and unliquidated damages, costs, reasonable affomeys fees and expert witnesa fees, including, without Ilmit~ion=, the fee~ of engineering or architectural consultants. Surety, for value received, hereby efipulate~ and agrees that to indemnify and save harmless t~e City to the extent of any and all payments in connection with the carrying out of the contract which the City may be required to make under the law by any reason of such failure or default of the Principal. Further, Surety and Principal shall prote~, defend, indemnify and save harmless the CibJ's offi~rs, agents, servants, and employees Eom an0 against all claims and actions ~a~d ~[ expenses incidental to the defense of such claims or actions, based upon or arising out of injuries or death of persons or damage to prbperty caused by, er sustained i0 connection with, this Contract by conditions created thereby, and on request of the City will assume the defense of any clalm or action brought against the City_ No right of ac[ion shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the employees, agents, administrators or successors of City. PRINCIPALfGRAND RIVER gONSTRU~TION C0MI~A-N~ (seal) y: ~"~... ~7-.~: - Attest: SURETY: ~,~M"PLOYERS ~'UTUAL CA~LTY ,,COM~ · , .... ~; (seal) · Title: ATTORNEY-IN-FACT NOTE: Accompany this bond with certified copy of General Power of AttOrney from the Suret~:'to include ~e date of the bond. (Date of Bond must not be pdor tO date of Contract.) If PrinCipal is Partnership, all partners should execute Band. PDl-a~03.d~ "PBI Page 2 BOND NO. S283012 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, GRAND RIVER CONSTRUCTION COMPANY having a legal business addressat P.O. BOX 1236, GLENWOOD SPRINGS, CO 81602 a COE~ORATION , as Principal. hereinafter called ~'Pdnci'pal". and EMPLOYERS MUTUAL CASUALTY COMPANY , P.O. BOX 441098, AURORA, CO 80044 e corporation organked under theia~w.s, of the State of IOWA , and qualified to transact business in the State of Colorado, hereinafter called Sum{y", are held and firmly bound unto the City of Aspen, a Color-ado home rule municipalS, as Obi~gee, hare'nar[er called "Gib/', in the amount o~: ONE HUNDRED EIGH_T_ THOUSAND ONE HUNDRED EIGHTY FOUR DOLLARS & 56/100($.108,184.56). ~ law~l money of the United States for payment whereof Principal and Surety bind theresa{vas, their heirs, executors, administrators, successors and assigns, jointIy and severally, firmly unto these present wHEREAS, PHncipal has oy written agreement dated ~ O~ ~, I ~'~ ,2002, entered into a contract with the City for a project entitled: 2001 StTeet improvements Proiect (Proiect N~. 2002-01g) in accordance with the Contract Documents which Contact Documents is by reference made a part hereof, and s here halter referred to as the Contract. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants hereinafter defined, for all labor and material used or reasonably required for the use in [he performance of the Contract. then this obligation shell be void: otherwise it shall remain in full force and effect, subjec% however, to the follow, nc conditions: 1. A Claimant is defined as having a direct comb'act 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 nar~ of water gas. power, light, heat, oil, gasoline, telephone servic~ er rental equipment ciirecf~y applicable to the Contract. 2. The above-name Principal and Surety hereby jointly and severally agree wi~ the Ci~ ~at every claimant as herein defined who has net been paid in full before the ~xpirat~an of ninety (90) days after the date on which ~e last o~ such claimant's work or labor was done or performed or materials were furnished cy Suc.~ claimant, may sue on this bond for use of such sums es may be justly ~ue claimant, and ~ave execution thereon. The City shall net be liable for the payment of any cos~ or expenses of any SUCh suit. 3, No suit or action shall commence hereunder by any claimant: (a) Unless claimant, o~er than one having a direct conkact with the Princibal shall have given written notice to any of 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, er furnished the last of the material for which said claim ~s made. stat[n~ with substantial accuracy the amount claimed and the name of the part5, to whom the materiels were furnished, or for whom the wed4 of labor was done or performed. Such notice shall be served by mailing the same registered mail or certified ma[i. ~ostage prepaid, in an envelope addressed to the Princioal. City or Surety, at any place where an office [s regularly maintained for the transaction of business, er served in an~ manner in which lesal process m~y be served in the State of Colorado. YBl-ggo3.doc "YE1 Page; 1 (b) After the expiration ct one (1) year toJJowlng tne aa~e on wmcn ~'rlnclpa~ uc~u wu~r. un ~dlu Contract, it beinc understood, however, t~at if any limilation cmbodied 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 ~ermitted by such law. (c) Other than in a state of competantjudsdiction 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 ar payments made hereunder, inclusive of the payment by surety of liens ar Claims which may be flied of record against the improvement(s), whether or not ctaim for the amount of such lien 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 $ootion 38-26-' 105. C.R.S.. as amended. 6. No final settlement between the City and Principal shell abddge the ri ght of any beneficiary hereunaer, whose claim may be unsatisfied.. SIGNED AND SEALED this ) ~J day of.. ~Y%O~,° . . .. ,200 2 . PRINCIPAL:_. GRAND RIVER .CONSTRUCTION COMPANY (seal) SURE%Y:_ EM.PLOYER~ MUTUAL CASUALTY C,O_.MPANY (seal) TitJa: ATTO'KNEY-IN-FACT __. NOTE.' Accompany this bond with certified copy of General Power of Attorney from the Surety Company, to include the date of the bend. (Date of Bond must not be prior to date of Contra¢}, If Pdnoipal iee Partnership, all partners should execute Bond. BOND NO. S283012 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS. That we, the undersigned, as GRAND RIVER CONSTRUCTION COMPANY Of P.O.. BOX 1236. GLENWOOD SPRING~. CO. 83~02 ~rincipal, hereinafter referred to as "Principal", and EMPLOYERS MUTUAL CASUALTY COMPANY P.O.. BOX 441098, AURORA, CO 80044 ~ COrporation o~jan[zed under the laws of the State of IOWA , and qualit3ed to transact Dusiness in the State of Colorado, as "Surety" ara held and firmly bound unto t~e City of Aspen, Colorado, as obliges, hereinafter referred to as "City," in the penal sum of: ONE HUNDRED EIGHT THOUSAND ONE HUNDRED EIGHTY FOUR DOLLARS & 5'6/100 boilers ($ 108,184.56I ), Jewel money of the United States of Amedca, for [he Payment of which sum, wail and truly to be made to the City, we bind oursaives, and our heirs, executors administrators, successors, and assignees, jointJy and severally, by these presents: ; · ' WHEREAS, said Principal has entered into a written Contract ;~, with the obliges dated 200_~_2, ~)r fomishing ail ecluipmenti labor, tools and materials for: 2002 Street Improvements Project (Pmiect No. 2002-019), in accordance with detailed plans and spech3catiens on tile in the office of the City Clerk 0f said City, a copy of which Contract is attached hereto and made a part hereof. NOW THEREFORE. The conditions of the feregoing obligation~ am such that if the said Principal shall wall and truly perform ail the covenants and c~ndiflons of this Contract on the part of sald Principal to be performed, and repair er replace all defects for a period of two year(s) as provided herein, and protect and save harrniess the City of Aspen, Colorado, f~om all loss and damages to life or property suffered or sustained by any person, firpl er corporation, caused by said Prinaipel or his agents or his employees, in the perfom'~ance of said work, or by, or in consequence of any negligence, carel~sn~aa, er misconduct in guarding and pro,eating same, or from any improper or defective equipment or materials used ih the work, or other damages, costa and expenses and sat ferth in such Contracts, then ~hJs 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 ct' the work described in this Contract will be of such character and quality as to [nsura it to De 1'ree from all de,eats and in continuous geed order and in a condition satisfactory to [he Governing Body of me City of Aspen for a period of two year(s) from the date of the issuance of [he Ceddficate of Completion. This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to the City of a pedod specified, and make such repairs or replacement of any defective construction as the City may deem necessary. MB1-9~03.d~c --MB1 Page: The said Principal shell not be required to maintain any part of the improvement under this guarantee which, after its completion and accept, anco shall have been removed or altered by the City or Its agent. SIGNED AND SEALED this ]'~ dayof ~,?~. O,. ~,~, ,ZO02 PRINCIPAL: GRAND RIVER CONSTRUCTION COMPA~Vf (seal) SURETY: EMPLOYERS MUTUAL CASUALTY COMPANY (seal) (Accompany tills bpnd with certified ,ooFy of General Power of Attorney from the Surety Campany to include the date of ',he bond.) MBt-gg03.doc 'MB1 Page: 2 '~ ACO, O. CERTIFICATE OF LIABILITY INSURANC T' ~ROCUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Nell-Gating Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 201 Centennial Fourth Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glenwood Springs CO 81601 Phone: 970-945-9111 Fax: 970-945-2350 INSURERS AFFORDING COVERAGE INSURED ~SURERA: EMC Insurance Companies Grand River Construction Co. NSURERC: P O BOX 1236 ~SURERD: Glenwood Springs CO 81602 COVERAGES A X COMMERCIALGENERALLIASILIT¥ ' 2X68544 04/01/02 04/01/03 FIREDAMAGE(Anyonefire) $100~000 I CLAIMSMADE [] OCCUR MEDEXP(Anyoneperson} $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 ~ POLtCY~PRO- 1 A X ANYAUTO 2X68544 04/01/02 04/01/03 (Eaaccident) $1r000t000 A X~ OCCUR ~ CLAIMS MADE 2X68544 04/01/02 04/01/03 AGGREGATE $3,000,000 $ E EMPLOYERS'LIABILITY 4041776 04/01/02 04/01/03 E.L. EACH ACCIDENT $500,000 E.L DISEASE- EA EMPLOYEE $ 500 r 000 I E.L DISEASE - POLICY LIMIT $ 500~000 DESCRIPTION OF OPERATIONSILOCATION~VEHICLES/EXC LUSIONS ADDED BY ENDORSEMENT/SPECIAL PRO~SIONS Holder is included as Additional Insured under General LiabilitY. Project: 2002-019 Street Improvements CERTIFICATE HOLDER Y I ADDITIONAL iNSURED; INSURER LE~ER: A CANCELLATION CIASPE1 SHOULD ANY OF THE ABOVE DESC~BED POLiCiES BE CANCELLED BEFORE THE EXP[RAT[O~ 130 SO. Galena IMPOSE NO OBLIGATION OR L BIL OFANYKINDUPONTHEINSURER, iTSAGENTSOR Aspen CO 81611 REPRESENTATIVES. Heidi Riger ACORD 25-S (7/97) ! ' I ~ ©ACORD CORPORATION ~988