Loading...
HomeMy WebLinkAboutresolution.council.044-03 RESOLUTION NO. ~ Series of 2003 A RESOLUTION OF THE CITY OF ASPEN, COLO~DO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Grand River conStmcti°n, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SXiD DOCUMENT{S~ ON BEHALF OF THE CITY OF ASPEN, COLO~DO~ WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and Grand River Construction, 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, 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: ~ ,~, 2003. Helefi Kalin Klan~d~d, 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 a meeting held~.~/ ~-~ , 2003. CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on , by and between the CITY OF ASPEN, Colorado hereinafter called the "City", and Grand River 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: 2003 Street Improvements Project (Project # 2003-015). 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 i~ 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 Invitatio~ 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 W(~:k and h~s dU'ly 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 [he Contract Documents and comply with the terms therein for a sum not to exceed One hundred Twelve Thousand Four Hundred Sixty Dollars and Twenty Cents ($1127460.20) DOLLARS or as shown on the BID proposal. CC2-97t.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 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 ali 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 ~n 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. CC2-971 .doc Page 2 **CC1 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 fu!! 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. CiTY O,FbA~SP.E-,)N, COLORADO Title: (-'-~'~' ~,a~ ~ RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: DePartmen-t /__Git~A~or ey '-' ~'~'~-n"' - City Street 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 (~tO[P<~) ) COUNTY OF ~::~Y'fielJ ))SS. Onthis ~ dayof. ~ , ~ before me appeared ~. ~ ~ ~ D~q , ~ , to,me ~ersonally known, who, being~y me first ~uly sworn;~id say that s/h¢ is ~(~ ~¢(~1~ hW of ~ ~C ('D~S~O¢~e~ 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, ~0rporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. My commission expires: CC2-971.doc Page 4 **CC1 BOND NO. S295381 PAYMENT I~OND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, GRAND RIVER CONSTRUCTION COMPANY ' ' I~nna~a'~ Na~ having a legal business addressal~P.O. BOX 1236, GL~NWOOD SPRINGS, CO 81602 a CORPORATION , as Principal, hereinafter called "Principal", ancl EMPLOYERS MUTUAL CASUALTY COMPANY P.O. BOX 441098, AURORA, CO 80044 acorparationorganiz'cdunderthalawaoftheetateof IOWA , and quailed to tzansact business Jn the State of Colorado, hereinafter called "Surer,/', are he['~ and t~rmly bound unto 0la City of Aspen, a Colorado home rule municipality, aa Obi[gee, hereinafter called "Cib/', in the amount of: ONE HUNDRED TWELVE THOUSAND FOUR HUNDRED SIXTY AND 20/100..DOT.T.ARS ($ 112,460.2~, in law~l 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. WHEREA,'S, Principal has by written agreement Glared MAY .200 3__, entered into a contras with the City for a project entitled: 2003 Street Improvements proiec~ (prciect No. 2003-015) in accordance with the Con~ract Documents which Contra~ Documents is by reference magla a part hereof, and Is Ilereinaffer refen'ed to aS the Contract. NOW, THEREFOF[E, THE CONDITION OF THI6 OBLIGATION Is such that, if Principal shall promptly make payment to all cJa~man[5 hereinafter defined, for all labor and mateMal usecl or reasonably required for the use in the performance of the Contract, then this obligation shall be void; ethemviSe it shall remain in full force and effect, subject, however, to the following conditions: t. A Claimant is defined as having a direct cantract with me Principal Or/w~h subcontractor of the Principal for labor, material, ar both. dsed. or reasanab{y required for the performance of the COntract, labor and material being GohStrued to include that part of water, gas, power, light, heat, oil, gasoline, ~elephone service or rental equipment directly applicable to the Contract. 2. The above-name Principal and Surety hereby jointly and seVeraliy agree with the Ci~ that every claimant as herein defined who has not been paid in ~11 befer~ the exl3iration of ninety (90) days a/tar the date on which the last of such claimant'e work er labor was done or pan, on'ned or rnaterfals were 'furnished by such claimant, may sue on this bond for use af such sume as may be justly du.e claimant, amd have exect.~on thereon. The City shall not he liable for the payment of any c~sts or expenses of any such suiL 3. No suit or action shall commence hereunder by any claimant: (a) Unless claimant, other than one having a direct ~0ntract with the Principal shall have given written notice to any of the fallowing: The Prin~ipak the City, or the 8ureB/abave named, within ninety (90) days attar s~Jch claimant did or per6=rmed the last of the work or labor, or fiJroiahad the last of the material ?or which said claim is made, stating with eubstantlat accuracy the amount claimed and the marne of the party to whom the materials were furnist~e~, or for whom the work of: labor was dane or performed. Such notice shall be served by mailing the same registered mail ar certified mail, postage prepaid, in am envelope addressed k3 the Principal, City ar Surety, at any place where an ofllce is regularly maintained far the transaction of business, or served in any manner ~n which legal process may be sen/ecl in ~e $~ata of Colorado. (b) After the sxPkation Of one (1) year following the da~e or~ which PMnclpal ceasecl work on saK~ Contract, it being understood, however, that if any limitation embodied in thi~ Bond iS prohibited t)y any law controlling the YBlrgg03. doc -Ye1 Page: 1 construct/on hereof, such l/milalion shall be deemed to be amended sa as to be equal to the minimum period'of limitat~er~ permitted by such law, (c) Other than in e slate of competent jur%dicMon iN a~d ~or the Coun~ of Pitk~n, Sta~ of Colorado, 4. The amount of this ~ond shall be reduced tO the extent of any pa~eht or payments ~ade hereunder, inclusive o¢ ~e pa~ent by sure~ of liens or cJaJms which may ~e filed of record against ~e improvement(s), whether ~r no~ claim for the amount of such li~n bc presented under and against [his Bond. s. This Bend is invaded ~ be in ~apsfaC~iOn of, and j~ addition ~, the bond required p~uant te ~ec~on 38-26. 105, C,~.S,, ~ amended. 8. No Enet se~emcnt ~e~en ~he Ci~ a~d Principal shall abridge Be right of any beneficia~ hereunder, whoee claim may be unsatisfied. SIGNED AND S~ED ~is J ¢/2 _ day of_ PR(NCIP~: G~b RIyE~ CONSTRUCTION CO~ (seal) ' By: A~t: ~~ ' .'~ MUR~: $~LOYE~S, ~TUAL CASUALTY C0~ (seal) ~e:_ ATTO~-!~FACT NOT~: A~m~sny ~i~ bond w~ cedi~ copy of Gemersl Power of A~o~ey ~om date of ~e bond. (Date of Bond must not be pdor to date of Com~ct). If Principal is a Pa~ership, all pa~e~ should ex.ute ~o~. BOND NO. S295381 MAINTENANCE BOND KNOW ALL PERSONS BY THESE P~ES.CNTS, That we, the undersigned, as. G_RAND RIVER P.O. BOX 1236 CONSTRUC~IO~ ~COMPA~_Y . . , of GL_ENWOOp SPRINGS, CO 81602 , as ~rincipal. hereinafter referred to as '*Principal", and EMPLOYER_S MUTUAL C_ASU_ALTY COMP.ANY, P.O. BOX 441p98,... AuR. ORA, CO 80044 a corperatJon organized under the laws of the 8late Of IOWA , and qualified to transact business in the State of Colorado, as "Surety" are hej~and firmly ~oUnd L~ilto the Ciiy of Aspen. Colorado, es obligee, hereinafter referred to as 'Cl~y," Jn the penal sum of: ONE HUNDRED. TWELVE THOUS .A~D FOUR H.UNDR.ED SIXTY AND 20/100 DOLLARS ........... eel[ars ($' 112~60.20 .... ), ]awful money of fine United $~ies of'Ame~ca, fo~' fine Pa~snt of which sum, well and truly to be made to the City, wa bind ourselves, and Our heirs, executors, admthiskators. successors, and a.ssignees, jainl!y and ~everall¥, by these presents: WHEREAS, said Principal has entered into ,3 wn'tten Contrac~ With the obiigee dated MAY 20 03. for furnishing all equipment, labor, tooI~ and materials for: 2003 S_b'. eel Improvement Proiect No~2003-015} in accordance with detailed plane and speci~ica~.lons on file in the office of the City Clerk of said C[ty. a copy ef which Con~raot ia abZochad hard-On anal made a part hereof. NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shall well and truly perform all the covenants and aondi'don~ of this Contract on '[he part of said Principal to be performed, and repair or replace ali defects for a period of. tWo year(s) as provided herein, alld protect and save harmless the City of Aspen, Colorado, from all loss and damages to ~ife or property suffered ar sustained by any person, finn or corporation, ceus~l .by sold Principal or his agents er his employees, in the performance of said work, or by, or in consequence of any negligence, caralessrless, or miscor~duct ~tJardfing and protecting sene, or fr~m any improper or def~ctNe equipmerlt or ~aterials used ir1 the work, er ether damages, costs and expenses and set forth in such Con,acts, then this obligation shall be void ethen~visa to remain in fuji force end effect in law. This Bond guarantees that ~he material and equipment furnislled and used. and workmar~ship employed the performance of the work described in this Conh-act wlJl be Of such character and quality as to insure it be free from all defects end in continuous good order.and Jn a concliMon sa~sfaci:ery to the Governing Body of t~ e City of Aspen for a period of two year(s) from the date ~=f the issuance of the CertifiCate of Completion. This Bend guarantees that the seJd Prthc[pal will keep and main~in the subject work without additional charge ar cost to the City of a period speck'iad, and make sUCJ3 repairs or replacement of any defective constrtJcfi0n as the City may deem necessary. Mel-ggO3.doc "MB1 Page: The said Principal shall not be required to maintain any part of the improvement under [hie guarantee which, after its completion and acceptance shall have been removed or a tared by the CIt~ or is agent. SIGNED AND SEALED :t'~is , _ ,~_.~/' -- day of . , M-AY ,200. 3. PRINCIPAL: GRAND_RIVER CONSTRUCTION COMPANY ~ ....... SURETY: EMPLOYERS MUTUAL C_ASUALTY COMPAN~Y~ ,, Atteet T~e. ATTORN ~_- __ _ (Acoompany this banci with certified copy of General Power ¢f Attorney from the Surety Company to include the dam of ~he Pond.)