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HomeMy WebLinkAboutresolution.council.080-03 RESOLUTION (Series of 200g) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND YOUNG CONSTRUCTION SETTING FORTH THE TERMS AND CONDITIONS REGARDING REPAIRS TO CITY HOUSING UNIT LOCATED AT 717 CEMETERY LANE AND AUTHORIZING THE CITY MANAGER T© EXECUTE SAID CONTRACT WHEREAs, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Young 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 Young Construction regarding repairs to City Housing unit located at 717 Cemetery Lane, 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: MaYor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolu.tion adopted by the City Council of the City of Aspen, Colorado, at a m~i~.g_he_ la §epte~b~er,8,~'003 Ch~yn ~. Koch, ~ity Clerk CONTRACT FOR CONSTRUCTION THIS CONTRACT, made and entered into on September 8, 2003, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Young Construction, hereinafter called the "Contractor". THEREFORE, m consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipmem, temporary utilities, transportation and any other facilities needed therefore, and to complete in a good, workmanlike and substantial mariner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications; Compliance with Laws. The Pro}ect is to be consm~cted and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in ~witing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- 08-040. ContracTor shall apply for and obtain all required permits and licenses and shall pay all fees therefore and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed Thirty-Seven Thousand Five Hundred Eight ($ 37~508.00~ DOLLARS or as shown on Exhibit "A". 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, m prosecute said work thereafter diligently and continuously m completion, and in any and all evems ro substantially complete the same nor later than December 31, 2003, subject to such delays as are permissible under the "Extension of Time for Completion" section of this Contract. 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used CC5-971.doc Page: 1 valuation of any or ali changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. i0. Contractor's Failure to Perf0rm2 Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice m writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice. terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 11. Extension of Time for Completion. Tin{~ is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation ~vhere inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 12. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to ~nspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in CC5-971.doc Page: 3 b. Contractor shall procure mid m~intain, and shall cruse any subcontractor 6f the Contractor m procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and mainta'med with forms and insurance acceptable to City. All coverage shall be continuously maintained ro cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1'. Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500.000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease each employee. Evidence of qualified self-insured stares may be substituted for the Workmen's Compensation requirements of this paragraph. 2. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operationsl. personal injury (including coverage for contractual and employee acts), blankel contractual, independent comracmrs, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provismn. 3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. c. Except for any Professional Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary ~nsurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory ~nsurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily CC5-971.doc Page: 5 deductibles in the above-described insurance policies shall be assumed by and be for the mount of, and at the sole risk of the Proposer. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Location of operations shall be: "All operations and locations au which work in connection with the referenced project is done."Location of operations shalt be: "All operations and locations at which work ir, connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be deii-~ered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. e. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and mimmum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. f. City reserves the right to ~eque'st and receiv~ a certified copy of any policy and any endorsement thereto. 16. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra work under Paragraph 8 above. If, however, the estimated cost of replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel this Contract and, in such evem, Contractor shall be paid the reasonable cost, including net profit to Contractor in the .amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 17. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or g~ven or made by United States mail addressed as follows: CC$-971.doc Page: 7 the sole control of the Contractor. None of the benefits provided by the City ro its employees including, but not limked m, Worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO TIlE CONTRACT. 21. Assignment. This Contract is for the personal services of ContraCtor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 22. Successors and Assigns. Subject ~o paragraph:22, above, this Contract shall be binding on, and shall inure ro the benefit of, City and Contractor and their respective successors and assigns. 23. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes ali prior Contracts between City and Contractor respecting such matters. 24. Waivers. No waiver by City or Contractor of a~y default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while the defaulting par[y continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 25. Remedies Non-Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law pro¥ided or permitted, but each shall be cumulative and shall be in addition to every other remedy. 26. GOVerning Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 27. Attorneys' Fees. If either parry to this Contract shall institute any action or proceeding ro enforce any right, remedy or prowsion contained in this Contract, the prevailing parry in such action shall be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. CC$-971.doc ['age: 9 inducing, by any means, any person employed under this' C°ntra~t ~0 g~ve up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 32. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to .time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said govermng body and that before providing services, the Contractor, if it so requests, will be advised as to the stares of funds appropriated for services or materials and shall nor be obligated to provide services or materials for which funds have not been appropriate. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above wrmen. ATTESTED BY: CITY OF ASPEN, COLORADO " Title: ~---I.T'I/ ~'[A,4<'L~?-dc> RECOMMENDEI~ FOP,~APPROVAL: APPROVED AS TO FORM: _ - By: //~./9~-.~.,~ City Engineering Departmem City t~or~ey '~ ' ' - ATTESTED BY: CONTRACTOR: ~/ Title:/'-~'~ ~ Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC$-971.doe Page: [ 1 City of Aspen Contract Amendment # 1 k is the contractor's responsibility to schedule and coordinate all work performed at 717 Cemetery Lane with the Leasee, Rebecca Doane. c ns ruc i n August 20. 2003 City of Aspen AAh: Ed Sadder ~E: Employee Housing Unit 7~7 Cemetery Lane Aspen, Colorado Dear Ed: Young Construction is pleased to submit the following estimate far the renovation of the Employee Housing Unit at 717 Cemetery Lane. This estimate includes general contracting of all work associated with the replacement of seven windows and two exterior coors, siding, exterior trims soffit, fascia new interior window and door trims. ali caulking, paint, stain drTwall repair, gutters, anc new exterior hight fixtures. Please see the attached "Exhibit" which mere extensively breaks out the scope of worK. Proposed construction costs: $37.508,00 I would like to meet with you on this project and discuss the scope of work that ~ have included to ensure we have a mu ~ua~ understanding. Thank you for the opportunity to submit a proposal for this project and, look forward to working with you. Sincerely, Young Construction d!hn Nathan ~ Attached: Exhibit