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HomeMy WebLinkAboutresolution.council.063-02 RESOLUTION #/_(25 (Series of 2002) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE CEMETERY LANE NEIGHBORHOOD ENHANCEMENT PROJECT; PHASE I 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 Gould Construction, 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 Gould Construction regarding Cemetery Lane Neighborhood Enhancement Project; Phase I, 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: /~~ c>~,~j c::D:22c~~ / I~ele'n ~ K.~nderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that re,~olution adopted by the City Council_ of the City of Aspen, Colorado, at a~2%~ 2/90 .~ ~_~/x4'~4~k-~''e~t J3k'$&,A-F2(~-' Kath~gt~ S. Koch, City Cler~ CONTRACT FOR CONSTRUCTION THIS AGREEMENT. made and entered into on July 17, 2002; by and between the CITY OF ASPEN. Colorado hereinafter called the "City", and Gould Construction, Inc, 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: Cemetery Lane Nei,qhborhood Enhancement Proiect, Phase I 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, ano canvassed the Bids submitted in response to the published Invitationfor 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 duty 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 n accordance with appropriate provisions ~n 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 Eight hundred, Ninety Three Thousand, Five hundred Twenty Three dollars and sixty five cents {$893,523.65) DOLLARS or as shown on the BID proposal. CC1-971 .doc Page 1 '*CC1 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Con§truction (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 CounciI of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence l 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, ke ot and observed by the other par~y. 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 par[y 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 CCI-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 ourposes 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. Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: rtment By: ATTESTED BY: CONTRACTOR: Title:~. 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. CC1-971 .doc F~age 3 **CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) )ss. /~- '~-~ -~' //__/~ . 20~_~, before me On this ~ay of ,, ~'ppeared~ . / ' '~~,, /~P/rF , to me personally known, w~being ~y me, fir~dul~d~s~t s/he is ~~ ~ ~~/~ ~, and that the seal affixed ts~aid instrum~t is t~ corporate seat 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 acknowledgee 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 CC1-971 doc Page 4 --CC1 BID PROPOSAL FORM PROJECT NO: 2002-032 BiD DATE: . July 5, 2002 PROJECT: Cemetery Eane Neighborhood Enhancement-Phase ! PROPOSAL SU'BNHTTED = _: CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersi~maed responsible bidder declares and stipulates thaf this proposal is made ir[ good faith, withoUt collusion or connection with any other person or persons bidding for the same work, and that it is tuade in pursuance of and subject m ali the terms and conditions 6fthe advertisement for bid, the invitat/on to bid and request for bid, all the reqnirements of the ~oid documents including the plans and specifications for th~s bid, ' ail of ~vhich have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contraetor agrees that construction shall start /m_mediately following a mandatory pre-construction conference t~eld by. the Parks D~parrmem, which also constimte~ the Notice tb J>roc*ed. Submission of this proposal will be taken by the' City of Aspen as a binding covenant that the Contractor will finish construction w/th~n the time ~pecified'in the Special Conditions of tiffs contract document. The City of Aspen reserves the right to make the award on ~he basis ofth~ bid deetu~d msst favorable to the City, ~o waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repaks or additional work requ/red for successful ~0mpletion of the project. Ail Work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included [n the prices bid for the various items of work. Prices shali include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials, equipment and tools, and 'performing all labor and supervision to rally complete the work to the City's satisfaction. Poor quality and workmanship shall nor be paid for by the CitE. Such work product mus~ be ~emoved ._iname~ately and, replaced properly at no cost to the City. Ali .quantities stipulated in the' bid form at unii prices are approximate ar/d are to be used oply as a basis for estimating the l~robable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agree~ to make no claims for damages, anticipated'profit, or 5therwise on account of any differenges between the amount of work actually performed and'materials acfaally furnished and the estimated amount of work. Bp'"r-g'71,doc *BP1 Page 1 , Contractor's nitials The City reserves the right to increase or decrease the amount of work to be done on ~he basis of the bid met price and up ro plus or minus Twenty Five (25) Percent of the total bid. I hereby acknowledge receipt of ADDENDLTM(s numbered } through ~-- BP1-9Tl.doc *BP1 Page 2 Contractor's Initials ESTIMATED OUANTITY LIST UNIT TOTAL BID ITEM DESCRIPTION UNiT O_UANTITY pRICE COST ~ov~ oF T~S ~XcH 6 ~MOV~ OF ASP~T mT CLX~mG SY 2327 ~MOV~ OF CONC~ PA~NT SY 100 ~MOVAL OF PA~N7 ~'G SF 5293 ~MOVAL OF P~E LF ~07 $ /~- $/~TD - ~MOV~ OF CONC~YE SmEWALK SV == $ F roPsom (CO~LE~ m PLACE) CY ~~ $ EROSION BALES EACH .312 ~SBT ORO~ SIGN EACH 35 ~SET ~ BOX STKUC~ (~E 1) EACH 32 ~SEZ ~ BOX STRUC~ (T~E 2) EACH 6 ~ST ~OLE EACH I6 $ AD.ST V~VE BOX EACH t4 $ ~SETFENCE(SPLW~m) LF 58 $ ~ $ //~- ~SET BENCH EACH ] ~SET LIGHT -EACH l SEED~G ~AZlVm AC~ 0.79 AGG~GATE BASE CO~SE (CLASS 6) TON 1639. HOT ~ ASP~LT CEVEL~G) (G~G SX) (AC ~TON 885 10F) HOT ~ ASP~T (G~DmG SX) ¢G70:28) TON *~ BP1-gY1,doc *BP~ Page 3 CONCRETE CONCRETE PAVEMZNT (10 INCH) (REmTORCED) SY 219 $/'~' -- $~', ~" {COLORED) Rocx a~zxn, m~o WArn SF 225 $ Zd) "' $4~:~- t 8 INCH COtLRUG.ATED STEEL PIPE (COMPLETE ]iq LF 107 $ 30 PLACE) 18 INCH STEEL E~rD SECTiO~T (COivL°LETE IN EACH $ PLACE) 24 INcH COr-XUG.ATEO STEEL P?E CCOMPLEZS IN LF =~ PLACE) 24 INCH STEEL END SECTION (COMPLETE IN EACH "2 $ ~/.~) ~' $ ,~-~)~' PLACE) INLET TYPE C (SFOOT) (COMPLETE IN PLACE) EACH 1 $ ~-- $ ~' MANt~IOLE (SPECLkL) (10 F©OT) (COMPLETE IN EACH PLACE) CO~CRETE BrI~waY (6 INCHES) ;COLORED) SY 3106 CATCH TYPE CURB Al',Ff) G.UTTER (8 i'NCI-]~S] LF I58 (SPECIAL) G.UTTER TYPE 2 (4 FOOT) LF 203 2" ELECTRICAJ. CONDUIT (PLASTIC) LF 3555 $ I'IMBERSrGN?OST4x 412',rCH LF 567. $ /,,5r' $ ~...~525'"' SPEED MONITOR SION EACH 6 $ SANITARY FACILITY EACH l CONST CTIONS VE G' 1 ~fOBILIZATION LS 1 TT-t]SRIV.[OPLA S TIC PAVEM:ENT MARKING' SF 5045 $ T~R~MOPLA S TIC PAVEMENT NLA~CING 'X-WALK SF 1396 $ - STOPL~) CONS2UCTION ~FIC CONTROL LS 1 TOT~ Bm m ~ERS: ~-~ ~ , " - Contractor's I acknowledge that in submitting this bid it is understood that the right to reject any and ali bids has been Au~orized Ofricer: , Title Telephone number: qqo q~--~ ~7~ ) .~i/,~ ~x number: q?O 9~ ~57! Subcontractor & Material Supplier List Service or ~roduct: Name: , Phone Address: Se~ice Address: ~ Service or -Product: Address: Service or .Product: BP1-971.doc *BP1 Page 5 Contractor's Initials LIQUIDATED DAMAGES .for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate of $1000. OOper day. This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest~ ~ ~'-' ~- /} /I Co¢orate Seal ~ .~ Contractor / / ~ / By: ST T O::O O: O - ,, SS. Before me ~ k~~ , a not~ public ~d fo~ ~ar~e ~ County, Colorado personally ap pe~ed -~/~>ff~ ~o~ to me personally to be ~e person(s) whose signat~e(s) in my presence this ~~day of _ ]~/~ , A.D~~ ;,,-'~*, ~--. *LD1 ?Came: , Phone Address: ~qervzce or .prodz~ct: Name: , Phone #: Address: Service or _Product: BP1-971.doc *BP'~ Page BOND NO. S283027 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, GOULD CONSTRUC.T.ION, INC. having a legal business addmesat P.O. BOX 130, GLENWOOD SPRINGS, CO 81601 a COt~OAATION as Principal, hereinafter called ~Prin¢ipal", and · EMPLOYERS MIITUAL CASUALTY COI'IPANY P.O. BOX 441098, AURORA, .~.0 80044 a corporation organized under the laws of the State of IOWA , and qualified to transact business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obliges, hereinafter called "City", in the amount EIGHT HUNDRED NINETY THREE THOUS.~'~D FIVE HUNDRED TWENTY THREE DOLIJ~RS & 65 / 100 ($893 in lawful money of the United States for payment whereof Principal and 'Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present. WHEREAS, Principal has by written agreement dated JHL¥,,,, 17 ~ ,200.~2, entgred into a contract with City far Aspen in acC°rdance with the Contract Documents which Contract Documents by reference made a part hereof, and is hereinafter referred to as the Contract, NOW, THEREFORE, if Principal shall well, truly and faithfu'lly perform its duties, all the undertakings, covenants,' terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City, with or without notce to the Surety and during the guaranty period, and if Principal shall satisfy all ciaims and demands incurred under such Contraat, and shall fully indemnify and save harm]ess City from all costs and damages which it may suffer by mason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise it shhlt remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City. Whenever Principal shall be, and declared by City to be in default under the Contract, the City having performed City's obtigatl0n hereunder, the Surety may promptly remedy the defauit o¢ shall prompdy: (1) Complete'the Contract in accordance with its terms and conditions, er (2) Obtain a bid or bids for completing the Contract in accordance with.ifs terms and conditions, and upon determination, by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and City, and make availabte as work progresses (even though there should be a default or succession of defaults under the Contract'or Contracts of completion arranged under this paragraph) sufficient funds t°pay ti]e cost Of completion less the balance of the contract prce, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price"' as used in this paragraph, shall mean the total amount payable by City to Principai under the Contract and any amendments thereto, less the amount properly paid by City to Principal. (3i Any contract or succession of contracts entered into hereunder for the completion of the Contract, shall aisc be subject to this bond as part of the original Contract obligations. PB1-971 doc "DB1 Page 1 This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 108, C.R.S,, as amended. This bond, as e penalty and indemnification bond, sha]l aisc entitle City to recover as part of the completion of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages, liquidated and unliquidated damages, costs, reasonable attorneys fees and export witness fee§. including. without limitations, the fees of engineering er architectural consultants. Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to the extent of any and all payments in connection with the oarrTing 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 protect, defend, indemnify and save harmless the Oity's officers, agar, ts, servants, and employees from and against afl claims and actions and all expenses incidental to the defense of such claims er actions, based upon er arising out of injuries or death e¢ persons or damage to property caused by, or sustained in connection with, this Contract by conditions created thereby, and on request of the City will assume the defense of any claim er action brought against the City. No right of action shall accrue on this Bond to Or for the use of any per, on or corporation other than the City named herein or the employees, agents, administrators or successors of City. StGN_E~ AND SEALED this . 17TH day of JULY , PP, INCIPAL: (seal) Titla: SURd-I-Y: EMPLOYERS MUTUAL CASUALTY COMPANY , NOTE: Accompany this band with certified copy of General Power of Attorney from the Surety to include the date of the bond. (Date of Bond must not be prior to date of OontracL) If Principal is Partnership, all partners should execute Bond_ PAYNIENTBOND ~OND NO. 8283027 KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, GQULD CONSTRUCTION, INC. havin,g a legal business addressat. P.O, BOX 13..0, GLENWOOD SPRINGS, CO 81601 a CORPORATION , as Principal, hereinafter cai[ed "PrinCipal". and' EMPLOYERS MUTUAL ,CASUALTY COMPANY P.O. BOX 441.098, AURORA, C© 80044 a corboration organized under the laws of the State of IOWA , and quati'fied to transact business in the SIafe of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen. a Colorado home rule municipality, as Obligee, hereinafter called "City", fn the amount of: EIGHT HUNDRED NINETY THREE THOUSAND FIVE HUNDRED TWENTY THREE DOLLARS & 65/100 ($893,523.65) in money Of the United States for payment Whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present. WHEREAS, Principal has by written agreement dated JULY 17', ,200--2, entered into a contract with City for a project entitled: Ce__~ete~y La,n.e Ne c!hbo,r, hoed Enhancement Pro[eot (preiect no. 200:2-032 in accordance with the Contract DOcuments which Contrabl Documents is bY reference made a part hereof, and is hereinafter referred to as the Contract, NOW, THEREFORE, THE CONBITION OF THIS OBLIGATION is such that, if Princil~al shall promptly make payment to si[ claimants hereinafter defined, for a~l labor and matedal used or reasonably required for the use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as having a direct contract with the Principal or with subcontrack}r 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 part of water, gas, power, light, heat. oil, gasoline, telephone so.ice or rental equipment diredJy applicable to the Contract 2, The above-name Principal and Surety hereby iointiy and severally agree with the City that every claimant as herein defined who has not been paid in full before the expiration of ninety (90) days a~ter the date 'On which the last of such claimant's work or labor was dona or performed or materials were furnished by such claimant, may sue on this bend for use of such sums as may be justly due claimant, and have executfon thereon. The City shatl not be liable for the payment of any costs or expenses of any such suit 3, No suit or action shall commence hereunder by any claimant (e) Unless claimant, other than one having a direct contract with the Principal shall have given ~vritten notice to any of the following: The Principal, the City, or the Surety above 'named, within ninety (g0) days after such claimant did or performed the last of the work or labor, or furnished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materiels Were furnished, or for whom the work of ichor was done or performed. Such notice shall be served by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, City or Surety,' at any place where an office is regularly maintained for the transaction of business, er served in any manner in which legal process may be served in the State of Colorado. Yal-g?t .doc (bi After the expiration of one (t) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this Bohd 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 permitted by such law. (c) Other than in a state of competent jurisdiction 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 or payments made hereunder, inclusive of the payment by surety of liens or claims which may be flied of record against the improvement(e), whether or not claim 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 pursuantto Section 38-26- 105, C.R.S., as amended.. 8. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED AND. SEALED this , ~TH day of 3ULY ,2002_. < ff ?0C ' CT f ' , . SUR~: ~ ~PL~YERS.~T~L CASUALTY CO~ , (seal) " NOTE: Accompany this bond with ce~fied copy of General Power'~f Attorney from the Surety Company to include the date of the bond. (Date of Bond must not be prior to date of Contract). If Prindpai is a Partnership, ail partners should execute Bend. BOND NO. S283027 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as GOULD CONSTRUCTION, INC. of P._O. BOX 130, GLENWOOD .qPRTWC~$. ~n &lGO~S Principal, hereinafter referred to as "Principal", and EMPLOYERS _MUTUAL CASUALTY COMPANY, P,O. BOX 441~qR_ a oorporatlon organized under the Iaws of the State of IOWA , and qualified to transact business in the State of Oolorad°i as "Surety" are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as "City," in the penal sum of: EIGHT HUNDRED NINETY THREE THOUSAND FIVE HUNDRED TWENTY THREE DOT,I~,ARg & 'g~/ih~ ' , Dollars ($ 89:3 ~523.65 i, lawful money of the United State.~ of America, for the Payment of which sum, well and truly to be made to the City, we bind ourselves, and our heirs, executors, administrators, successors, and assignees, jointly and severally, by these presents: WHEREAS, said Principal has entered into a written Contract with the obligee dated July 17, 2002, 02 for fumlshing all equipment, labor, tools and materials for: Cemeta~/ Lane Neighborhood Enhancement Project. in accordance with d~taiied plans and specifications on file in the'office of the City CJerk of said City. a copy of which Contract is attached hereto and made a part hereof. NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shall weli and truly perform all the covenants and conditions of this Contract on the part of said Principal to be performed, and repair or replace ali defects for a pedod of two ~ear(s) as provided herein, and protect and save harmless the Cib./ of Aspen, Colorado, from all loss and damages to 'life or property suffered or sustained by any person, firm or corporation, caused by said Principal or his agents or his employees, in the performance of said work, or by, or in consequence of any negligence, carelessness, or misconduct in guarding and protecting same, or from any improper or defective equipment or materials used in the work, or other damages, costs and expenses and set forth in such Contracts, then this obligation shall be void other~se to remain in full force and effect in iow. This Bond guarantees that the material and equipment furnished and used,' and workmanship employed in the performance of the work described in this COntract will be of such character and quatity as to insure it to be free from ail defects and in'continuous good order and in a condition satisfacton/to the Governing Body of the City of Aspen for a period of two ~ear(s) from the date of the issuance of the Certificafe 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 period specified, and make such repairs or replacement of any defective construction as the City may deem necessary, The said Pdncipat shall net be required to maintain any part of the improvement under this guarantee which, after its completion and acceptance shatl have been remeved or altered by. the City or i[s agent. SIGNED AND SEALED this 17TH day cf JULY ,20 0~2. SURETY: EMPLOYERS MUTUAL CASUALTY COMPANY By: TIMOTHY ~. ~LANCHA / Title: _ ATTO~EY-IN-FACT (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bend. MB1-9?%doc "MB1 Page: 2 Client#: 43174 GOUCON AC_OJ CERTIFICATE OF LIABILITY INSURANCE 07/12/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 700 Broadway, Suite 1000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80203 303 837-8500 INSURERS AFFORDING COVERAGE iNSURED NSGRER A: Zurich American Insurance Company Gould Construction, Inc. ~JSURER e National Union Fire Ins Co of Pitts- P.O. Box 130 USURER C: Glenwood Springs, CO 81602 COVERAGES THE POLICIES OF ~NSURANCE LISTED SELOW HAVE BEEN ISSUED TO THE rNSURED i~AMSD ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLIC[ES DESCRIBED HEREIN IS SURJECT T0 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE L~MITS SHOWN MAY HAVE BEEN REDUCE[~ BY PAID CLAIMS. LA TYPE OF INSURANCE POLICY NUMSER DATE (IVIM/D D/YY) DATE (MM/DD/YY) LIMITS A GENERAL LIASlLrTY 631154800 03/01/02 03/0~/03 EACH OCCURRENC~ $1,000,000 :COMMERCiALGENERALL A~ILITY ~LKTADDL INSD FIREDAMAGE(Anyonefire) 8100,000 J CLAIMS MADE [ X~ OCCUR ~ MED F~(P (Any or~e pelsorl) $10,000 PERSONAL & ADV INJURY $1,000,000 GE_NERAL AGGREGATE $21000,000 A AUTOMOBILE LIABILITY 831154900 03/01/02 03/01/03 COMBSNED SINGLE LIMIT X~ANY AUTO BLKT ADDL INSD (Ea accldent~ $1,000,000 -- ALL OWNED AUTOS BODILY INJURY ANY AUTO OTHER THAN EAACC $$ B [XCE~S LIABILITM BE8718802 03/01/02 03/01/03 EACH OCCURRENCE $4,000,000 OCCUR [] CLAIMS MADE AGGREGATE $4,000,000  DEDUCTIBLE $ RETENTION $10000 $ A WORKERS CGMPENSA33ON AND 831154701 03/01/02 03/01/03 ~O~¥ UM~TS EMPLOYERS' LIABIUTY E.L+ EACH ACCIDENT $110001000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $110001000 r, DESCRIPTION OF DPERATIONS/LOCATION$~'VEHICLE$/EXCLU$1ONS ADDED BY ENDORSEMENT/SpECiAL PROViSiONS Project Name: Cemetery Lane Neighborhood Enhancement project No. 2002-032 Certificate holder and the Owner are included as Additional Insured on the General Liability with respect to the above project, CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: ~ CANCELLATION SHOULD ANYOF TH E ABOVE DESCRIBED POLICES BE CJ).NCEL.ED SEFORE TH E EXPIRATION City of Aspen Parks and DATE THEREOF, THE ISSUING INSURER WiLL ENDEAVOR TOMAJL3~ DA¥SWRD'FEN Aspen, CO 81611 REPRESENTA'T1VES. ACORD 29'S (7/97)1 of 1 #S252349/M228649 CDB e ACORD CORPORATION 1988 THE CITY OF ASPEN SPECIAL CONDITIONS - CONSTRUCTION PROJECT For The Cemetery Lane Neighborhood Enhancement Project City Project No. 2002-032 1.0 GENERAL: 1.01 Clarification of Terms: The Special Conditions are intended to specify and provide additional deschption, clarification, or conditions that are applicable to this Contract. These Special Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All prowsions, which are nor so amended or supplemented, remain in full force and effect. 2.0 CONTRACT TIME 2.01 A verbal and written Notice of Award will be issued from the City by Mail and Phone, on July 9, 2002, and the Contractor's Representative shall pick up three (3) sets of the Contract Agreemem Form Documents (ar the City Managers Office) on the same day. The Contractor will execute all necessary pages of the contracts and their required documents and submittals, and deliver them to the City Managers Office by 2:00 PM~ July 16, 2002. The Commencement Date of the contract performance time is the date determined at the Notice to Proceed conference, which xvill by scheduled by the Owners Representative. 2.02 The Contractor shall execute the Construct'ion Work with due diligence and shaI1 fully complete in every detail of the Work to be done under this Contract within 105 Consecutive Calendar Days starting no earlier than July 23, 2002 and finishing no later than November 4. 2002. Contract Time commences m the date determined at the Notice to Proceed Conference. Ali time extensions must be authorized by the Owners representative. 2.03 All Work shall be one hundred percent (t00%) complete for this project on or before November 3, 2002. The Contractor shall be responsible for implementing all improvements by this date. 3.0 LIQUIDATED DAMAGES: Liquidated Damages shall be as se~ forth in the document labeled Liquidated Damages (LD1) included in the Project Documents. 4.0 EXPLORATION REPORTS & MATERIALS TESTING: Limited exploration reports and tests of subsurface conditions at the site are available from the O~vners Representative. The Contractor shall evaluate available soils report and obtain/perform additional subsurface soil investigations when deemed necessary through a certified materials Lab. All soil sampling & compaction related testing and re-testing will be performed by a certified materials testing laboratory acceptable to the Owners Representative and ar his direction The Contractor shall pay the cost of testing and re-testing. 5.0 OWNERS REPRESENTATIVE: Ail references in the Contract Documents to "The Project Engineer" and ~City's Representative" shall refer to Owners Representative. The Owners Representative for this project will be The City of Aspen Parks Planner. The Owners Representative. unless provided in writing by the City of Aspen Parks and Recreation Manager, is the only individual having the authority to render any binding decisions, and/or judgments to the Contractor pertaining ro any work which may change the Contract price or time of completion, or change the quality of Work, or change the manner in which the Work is being performed. The City of Aspen Parks Planner shall serve solely as a means of communication between the City and the Contractor and shall monitor the Work for the City. 6.0 MANDATORY PRE-CONSTRUCTION CONFERENCE & WEEKLY PROGRESS MEETINGS: A pre-constmctinn conference will be held following City Council's approval of the Construction Contract Amount on the date determined by the Oxvners Representative. The purpose of the meeting shall be to explain and coordinate, as required, to the Contractor, the requirements of the Contract Documents, the procedures to be used in the administration of the Contract, and to discuss any item of concern to the work. The Contractor and the Owners Representative shall be required to attend the pre-construction conference as a condition of the Contract. The time and the day for Mandatory ~Veeklv -Pro~ress Meetings shall be scheduled at the pre-construction conference. 7.0 PROGRESS SCHEDULE AND SEQUENCE OF OPERATIONS: 7.01 Within seven (7) days of the date of the bid award by the City Council, and prior to the pre-construction conference, the Contractor shall submit for review of the Owners Representative a critical-path chart showing the estimated progress for the component divisions of the Work and a balanced time breakdown, showing the estimated progress schedule for the entire Project. For purposes of comparison, the Contractor shall submit with each progress pay estimate a form showing the actual rate of progress to date for the component divisions and for the Project as a whole. The actual rate of progress shown on the form shall only include Work completed and shall not include stored materials. 7.02 The Contractor shall also submit for approval, prior to the pre-construction conference, a Traffic Control & construction fencing Plan and a narrative of the planned sequence of construction indicating the approximate date and time duration of road or street restrictions or closures, utility interruptions, etc., as applicable to this project. 7.03 In the event that the rate of actual progress of the Work falls behind the estimated progress indicated on the approved critical-path chart, and in the absence of time extensions if any granted by the Owners Representative, the Contractor shall accelerate the Work by placing additional forces and equipment on the Project so that the Project will be completed within the Contract Time. The Contractor shall be capable, and make available the necessary work crews and equipment ro perform the work on time. 7.04 The Contractor shall provide a list of emergency (24 hour comact name(s), addresses, and phone numbers to the Owners Representative 24 hours prior to the pre- construction conference. Emergency phone calls must be responded to in 15 minutes or less and action must be taken on the emergency condition immediately. Such emergency calls shall be project related correcnve and restorative xvork and shall be considered subsidiary to the construction bid items and at the Contractor's cost. The Owner may initiate such corrective work at Contractor's cost if the Contractor falls to perform the required task within one hour of an emergency call. 7.05 The Contractor shall be responsible for keeping traffic and pedestrian floxvs on the streets and sidewalks at all times during and after their daily work activities. In addition, intermittent interruptions to pedestrian and trafftc flow must be kept to a minimum. 8.0 SURVEY CONTROL: The Contractor shall be responsible for establishing grades from the Bench Mark(s) established from the existing survey and described in the Contract Documents. The Contractor will be responsible for the establishment of a construction base line, and all layout and grade staking by an insured Colorado registered professional land surveyor. The Contractor shall be responsible for protecting and/or re- establishing benchmark control, and layout staldng during the construction process. 9.0 PROTECTION OF PUBLIC FACILITIES. UTILITIES AND OTHER ADJOINING PROPERTY: The Contractor shall take ali reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to other property at the site or adjacent thereto, and he shall be liable for any and all claims for such damage on account of his failure to fully provide such protection. The Contractor shall notify ali public utility companies ar least forty-eight (481 hours prior to commencement of any Work in the vicinity of the utilities. No Work shall commence until the utilities have been located and marked by the utility company. If utility service must be interrupted, the Contractor shall coordinate with the respective utility provider at least forty-eight (48) hours prior to interruption. Notice shall consist of publication in a local newspaper and/or announcement on local radio stations as determined by the Owners Representative. 10.0 DAMAGE TO CONSTRUCTION: The Contractor shall safeguard, until all Work embraced by the Contract is formally accepted, all construction, both complete and incomplete, against damage and destruction. Should damage result, The Contractor will be required to reconstruct at his expense all damaged work back to the original Plans and Specifications. Reconstruction shall be in a manner suitable to the Owners Representative. No repair or mitigating option for damaged Work will be accepted. 11.0 JOB SITE RESTRICTIONS: All materials to be removed from the project site or demolished on site shall be disposed of by the Contractor off the project site unless requested otherwise by the Owners Representative. The City's property is not available for Contractor staging or storage area, unless if permitted by the Owners Representative within the existing right of way. The City's property is not otherwise available for a Contractor's disposal area. 12.0 WORKING HOURS: Work will be permitted in the designated construction area between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Other work hours must be approved by the Owners Representative in writing. 13.0 DISPOSAL OF HAZARDOUS MATERIALS: The disposal of any hazardous materials shall be the sole responsibility of the Contractor. 14.0 SALVAGE: Stone masonry, concrete, timber and other items removed from the site remains the property of the City unless otherwise noted in writing by the Owners Representative. 15.0 MATERIAL TESTS AND CERTIFICATES: 15.01 Ail materials to be incorporated into the Work may be subject to sampling, testing by the Contractor per Section 4.0 of these special conditions, and approval and samples furnished shall be representative of the material to be used. 15.02 Tests required guarding against unsuitable materials or defective workmanship and to demonstrate that materials comply with the prowsions of the Contract Documents shall be paid for by the Contractor. 15.03 The procedures and methods used to sample and test materials shall be as specified or as determined by the Contract Documents. Unless otherwise specified in these Special Conditions, samples and test shall be made in accordance with the latest standard methods of ASTM, AWWA. AASHTO, and CDOT's 1999 edition of Standard Specifications for Road and Bridge Construction. I5.04 The Contractor shall furnish at least one copy of test results to the Owners Representative. 16.0 MOBILIZATION/DEMOBILIZATION: Will be measured and paid on a pro-rata basis as explained in the General Conditions of this Contract. 17.0 SUB-EXCAVATION, BACKFILLING & COMPACTION: Unsuitable materials are not anticipated within the project limits. However, if encountered, unstable or unsuitable material shall, at the discretion and direction of the Owners Representative, be removed Removal of such material shall be to the depth and horizontal limits specified by the Owners Representative. Any such areas which are over-excavated shall be filled to the subgrade elevation with aggregate base course class 6. The backfill material shall be placed in lifts of 12" or less and compacted to a minimum of 95% density of the modified proctor test method. The price for sub- excavation, backfill and compaction will be measured by the ton actually installed. 18.0 WAIVER: It is expressly understood and agreed that any waiver granted by the Owners Representative of any term, provision or covenant of this Contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work by the Owners Representative nor the payment of all or part of the sum due the Contractor hereunder, shall constitute a waiver by the Oxvner Rep. of any clalm which the Owners Rep. may have against the Contractor or other~vise 19.0 PRECEDENCE OF THE CONTRACT DOCUMENTS: The order of precedence of Contract Documents shall be as follows: 1. Addenda 2. Drawings, if any a. Detailed Drawings b. Standard.Drawings 3. Special Conditions 4. Referenced Technical Specifications 6. Contract for Construction 7. Instruction to Bidders 8. Standard General Conditions 20.0 PERFORMANCE. PAYMENT AND MAINTENANCE BONDS: The Contractor shall furnish Performance, Payment and Maintenance Bonds, each in an amount equal to one hundred percent (100%) of the total Contract price as security for the faithful performance, payment, maintenance obligations of all Contractor's Work under the Contract Documents. Reference is made to the General Conditions for further requirements for Performance, Payment and Maintenance Bonds. 21.0 CONTRACT CLOSEOUT: Upon completion of all punch list item(s) from the final inspection by the Owners Representative and submittal of a fully executed Claim Release form by the Contractor, the City will advertise twice in the newspaper, and following a Thirt~ (30) Consecutive Calendar DaF waiting period, and w/th no verified claim against the Contractor by the City up until the end of this waiting period, the City will declare the project closed and will release the retainage to the Contractor. The Project close- out final inspection must be recorded on a final Daily Construction log, signed by the Owners Representative and the Contractor and prior to advertisement for closure. No liquidated damages will be imposed past the date of substantial completion. 22.0 WARRANTY INSPECTION: At the City's discretion, a warranty inspection will be held during sixty (60) calendar days prior m the expiration of the warranty period under the Maintenance Bond. The Contractor shall provide an authorized representative at such inspection ro represent the Contractor's interests. All defects identified during inspection shall be corrected at Contractor's expense ar the direction of the City immediately. Corrective Work shall be cm~menced within five (5) consecutive calendar days after written notice to Contractor. 23.0 AS-BUILT PLANS: The Contractor shall be responsible for delivering to the City (1) Set of Mylars and (I) digital file (AutoCad release 14 or 2000) of finally constructed improvements plans and details. Plans must be titled "As-Builts" and will be provided to the City at no extra cost.