HomeMy WebLinkAboutresolution.council.129-14 RESOLUTION #129
(Series of 2014)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND MUELLER CONSTRUCTION SERVICES INC,
SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE MILL
STREET BRIDGE REPAIR PROJECT 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 Mueller Construction Services, Inc. a
copy of which is annexed hereto and made a part thereof.
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
between the City of Aspen, Colorado, and Mueller Construction Services, Inc.
regarding the Mill Street Bridge Repair Project, 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 agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED b tie City Council of th City of
Aspen on the 13th day of October, 2014.
teven Skadron, Mayor
I, Linda Manning, 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 October 13, 2014
11 NA
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Linda Manning, f ity Clerk
The CitV of Aspen
PART TWO AGREEMENT FOR DESIGN/BUILD PROJECT 00fittornevsOffice
THIS AGREEMENT, made and entered into on September 29, 2014, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and Mueller Construction Services,
Inc. , hereinafter called the "Design/Builder".
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 entitled: Mill Street Bridge Repair Project
and,
WHEREAS, the Design/Builder, 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
proposal in accordance with the terms of said Invitation for Proposals; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the proposals submitted in response to the published Invitation for Proposals
therefore, and as a result of such canvass has determined and declared the Design/Builder to
be the most responsive proposer for the said Work and has duly awarded to the Design/Builder
a Part 2 Agreement therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Part 2 Agreement herein
mentioned:
1. The Design/Builder shall commence and complete the Work as fully described in
the Contract Documents.
2. The Design/Builder shall furnish all of the materials, supplies, tools, equipment,
labor and other services necessary for the Work described herein.
3. The Design/Builder 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 Design/Builder agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for a sum not to exceed thirty three thousand
one hundred eighteen ($ 33,118 ) DOLLARS or as shown in the proposal.
5. The term "Contract Documents" means and includes the documents listed in the
City of Aspen General Conditions for Design/Build Project and in the Special Conditions, if any.
CC4-971.doc "CC2 Page 1
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 Design/Builder 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 Part 2 Agreement 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 Part 2 Agreement 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 Design/Builder respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Design/Builder 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 Design/Builder or the City may
assign this Part 2 Agreement 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 Design/Builder
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 Part 2 Agreement 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
Part 2 Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's
fees.
13. This Part 2 Agreement 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 Part 2 Agreement.
CC4-971.doc "CC2 Page 2
14. The undersigned representative of the Design/Builder, as an inducement to the
City to execute this Part 2 Agreement, represents that he/she is an authorized representative of
the Design/Builder for the purposes of executing this Part 2 Agreement and that he/she has full
and complete authority to enter into this Part 2 Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Part 2 Agreement on the
date first above written.
ATTESTED BY: CITY OF SP N, COLORADO
By.
Title: C< y
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
--�M 4'1440�� By: - —
C ty ngine ring Department ity Attorney
ATTESTED BY: DESIGN/BU LDER:
By:
Title:
Note: Certification of Incorporation shall be executed if Design/Builder is a Corporation. If a
partnership, the Agreement shall be signed by a Principal and indicate title.
CC4-971.doc "CC2 Page 3
CERTIFICATE OF INCORPORATION
(To be completed if Design/Builder is a Corporation)
STATE OF N kUr2-AD )
SS.
COUNTY OF (� r � )
Zc�
On this _ day of 1)�A, before me appeared
ch, - to me personally known, who,
being by me first duly sworn, did say that s/he is of
1 Aw cz*- III(- and that the seal affixed to
said instrument is the corporate seal of aid 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 FuMic
� 2
Address
My commission expires:
CC4-971.doc "CC2 Page 4
Certification and Supplemental Conditions to Contract for Services -
Conformance with §8-17.5.101, et seg.
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled"Illegal Aliens—
Public Contracts for Services." This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an illegal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The new law also
requires that all contracts for services include certain specific language as set forth in the statutes. This
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
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.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"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.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify
that it does not employ illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following terms
and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing
verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same
every three (3) calendar months thereafter, until Contractor is accepted or the public contract for
services has been completed, whichever is earlier. The requirements of this section shall not be
required or effective if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or contracting
with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with
the subcontractor if during such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor
and Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-
102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for
Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and
consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
Public Contract for Se vices: r ��Uj t t Pro .4l—
Contr tor: " ltky ��t�K1 " L tit(�S 41,f
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Title:
JPW-saved: 12/15/2010-867-M:Acity\cityatty\contract\forms\certification-hb-06-1343.doc