HomeMy WebLinkAboutresolution.council.002-24RESOLUTION #002
(Series of 2024)
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AND GOULD CONSTRUCTION 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
Construction Services for the Iselin Courts, between the City of Aspen and Gould
Construction, 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
Construction Services for the Iselin Courts, between the City of Aspen and Gould
Construction, 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 January 2024,
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, January 9, 2024.
Nicole H
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CITY OF ASPEN
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on January 91 2024, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and Gould 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: Iselin Court Replacement Construction
2023=347, 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,
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 by April
30, 2024 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 T�nro Million Six Hundred
Seventy -Three Thousand, One Hundred Forty -Four Dollars and Eighteen
Cents($2,673,144.18) 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
Iselin Court Replacement Construction Contract
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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.
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
Iselin Court Replacement Construction Contract
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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.
15. 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.
16. Non -Discrimination Policy
Any business that enters into a contract for goods or services with the City of Aspen or
any of its boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment -related decision or benefit on account of actual or perceived race, color,
religion, national origin, gender, physical or mental disability, age, military status,
sexual orientation, gender identity, gender expression, or marital or familial status.
(b) Not discriminate in the performance of the contract on account of actual or perceived
race, color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or familial
status.
(c) Incorporate the foregoing provisions in all subcontracts hereunder.
17. 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.
18. 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
vI
olation of Subsection 8-17.5-102, C.R.S.
19. 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
Iselin Court Replacement Construction Contract
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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 grounds that it is an electronic record or electronic signature or that it is not in
its original form or is not an original.
Iselin Court Replacement Construction Contract
DocuSign Envelope ID: 4F5FA6FA-4B9A-488C-8DBE-70AC6E79E655
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
ATTE��''a ny:
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APP
By:
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AOCAM/ nnnA7AnM
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City Attorney
CONTRACTOR:
—Docu Signed 6y:
CITY OF
12/22/2023 1 10009:28 AM MST
By:
Title: city Manager
sy:
Title:
David Hillbrand
Sr Project Manager
General Conditions for Construction Contracts and Special Conditions can be found on City of Aspen Website.
Purchasing lI Aspen, CO
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.
Iselin Court Replacement Construction Contract
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF )
)SS.
COUNTY OF )
On this
being by me first duly sworn, did say that s/he is
20 ,before me appeared
to me personally known, who,
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
ri
wtten.
MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
My commission expires:
Iselin Court Replacement Construction Contract
Notary Public
Address
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