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HomeMy WebLinkAboutresolution.council.072-99 RESOLUTION NO. ~ Series of 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN CHEROKEE EPOXY INC. AND THE CITY OF ASPEN, COLORADO FOR THE APPLICATION OF AN EPOXY BASED WATERPROOF MATERIAL TO BE APPLIED TO ALL RAMPS OF THE RIO GRANDE PARKING PLAZA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional contract between Cherokee Epoxy Inc. and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves the contract between Cherokee Epoxy Inc. and the City of Aspen, a copy ofwtdch 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 APPROVED by the City Council of the City of Aspen on the~.~ day of ~/~~x/~ 1999. , Mayor I, Kathryn S. Koch, 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 the meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk CONTRACT FOR CONSTRUCTION r' The e:l~ 0:1: .....p.:n. THIS AGREEMENT, made and entered into on AUGUST 5. 1999 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and CHEROKEE EPOXY 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: Parkina RamD Sealant, 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, r-"'\ 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. . 4. 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. 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 SIXTY THREE THOUSAND NINE HUNDRED FIFTY FOUR ($ 63.954.00 ) DOLLARS 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 CC1-971.doc Page 1 **CC1' r r-"' ".-... 6. Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 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. 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. 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. 7. 8. 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. CC1-971.doc Page 2 **CC1 1"'-, o I I (' AUG. 17. 1999 3:17PM CITY OF ASPEN NO.812 P.4 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: ~ ~ By; APPROVED AS TO FORM: By:' ~/4?~ Ci omey ATTESTED BY: By: Title: Note: Certification of Incorporation shall be executed if Contractor is a Corporetion. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1.971.doc . ..CC1 Page 3 (""""\ INVITATION TO BID , Sealed bids will be received by the City of Aspen, Colorado, at the Office of the City Clerk, 130 South Galena Street, Aspen, Colorado, until 2:00 P.M., Monday, July 26, 1999, bids will be publicly opened and read aloud in the City Council Chambers 3:30 P.M. Wednesday July 28,1999, for the following City of Aspen project: Parking Ramp Sealant Project Complete Bid Packages are available on or after 1:00 P.M., Monday, July 12, 1999, from the City of Aspen, Colorado, for $00.00 per set in terms of company check, certified check, or cashier's check only (refundable if the complete set or sets ate returned unmarked and in acceptable condition to the Parking Garage Manager), at the Parking Garage, 427 Rio Grande Place, Aspen, Colorado. All refunds must be requested following the bid opening. No partial return or refund will be allowed, Each bid must be accompanied by Bid Security to include a bid bond or certified check made payable to the City of Aspen in the amount of One percent of the Bid, The Bid Security accompanying the three lowest responsive and responsible bids may be held until the Contract is awarded, The Bid Security accompanying the other proposals shall be returned promptly after the bid prices have been compared and evaluated, The city reserves the right to reject any or all Bids or accept what is, in its judgment, the Bid which is in the City's best interest. The City further reserves the right, in the best interests of the ~ City, to waive any technical defects or irregularities in any and all Bids submitted. The Bid and Bid Security must be placed in one envelope securely sealed therein and labeled: "City Project Number: 99-012" for "Parking Ramp Sealant Project" , and addressed to: City of Aspen Office of the City Clerk 130 South Galena Street Aspen, Colorado 81611 In addition to price, the criteria set forth in the Instruction to Bidders and any specific criteria listed in the bid documents may be considered in judging which Bid is in the best interests of the City. No bid may be withdrawn within a period ofNintv (90) calendar days after the date fixed for opening bids, No bids will be considered which are received after the time mentioned, and any bids so received after the scheduled closing time will be returned to the bidder unopened. By: Kathryn Koch City Clerk 98KM26 r-- I 1\ o ~. TECHNICAL SPECIFICATIONS Offerors are to answer and provide information to the following specifications, If you do not meet specifications, please give an appropriate response as to why. Also provide any other materials or information that pertains to your services. YES NO yes 1, The waterproofing material is a clear penetrating epoxy sealer containing a mini111llm of (40%) Forty percent Solids. yes 2. The material used will be safe for pedestrian and automotive traffic on all areas applied un4er all weather conditions. yes 3, Sealer can be impregnated with silica sand or equivalent material in order improve traction and wear. No 4. Waterproofing material will hold up to traffic from studded snow tires. Nothing will hold up to studs yes 5. All caulking materials removed during surface preparation with be replaced. ,.;~ , r'" ~ yes 6. Please state whether or not entire levels or sections of the parking structure will need to be shut down for the application of waterproofing materials. If yes please explain, We need to close off one floor at a time for safety and to prevent sealer getting on cars. yes 7. Plastic film will be used to enclose levels and/or areas when sealer is being applied in order to protect vehicles, pedestrians, property, and all areas were sealant is not desired, and to help contain 1:iunes from entering undesirable areas. 8. State approximate time frame needed for completion ofproject. One week per floor (1) yes 9. The City of Aspen Parking Plaza will receive a minimum warranty of (2) years for materials and labor. Please provide the following information with proposals: A complete scope of work that will be performed. Price lists that include but are not limited to time, materials, mobilization, demobilization, tests, expenses, etc. List at least ten local references. Any other information relating to your services.