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HomeMy WebLinkAboutresolution.council.023-98 RESOLUTION/~! ,'~ ~ (Series of 1998) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND T&E ENTERPRISES, INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE DEHUMIDIFCATION SYSTEM FOR THE ICE RINK 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 T&E Enterprises, Inc. 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 T&E Enterprises, Inc. regarding the dehumidifcatyion systems for the ice rink, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manger of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: {iTf)AZ / _~ ) /q q i'/ John S. Be~ett, Mayor I, Kath~n S. Koch, duly appointed and acting City Clerk do ce~i~ ~at · e foregoing is a tree and accurate copy of ~at resolution adopted by ~e Citg Council of the City of Aspen, Colorado, at a meeting held April 13, 1998. Kathryn S. 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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. Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: //~ity Engineering Depa~ment ATTESTED BY: CONTRACTOR: Tit,e: 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 Page 3 **CC1 AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 98-007 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affn'ms that he does not now, nor will he in the future, violate the provisions of said Contract Documents, so long as he is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. TOM & ELLEN MARSHALL ENTERPRISES, INC. By& Thomas M. Marshall, President Attest: CORPORATE SEAL: Ellen M. Marshall, Secretary STATE OF COLORADO COUNTY OF PITKIN Before me, Leonard M. Oates, a notary public and for Pitkin County, Colorado, personally appeared Thomas M. Marshall and Ellen M. Marshall, known to me personally to be the persons whose signatures in my presence this 31~ day of March, A.D. 1998. My Commission WITNESS MY HAND AiI~I~I~I~,IJ~ SEAL. My commission expires: [Seal] Notary LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The undersigned Contractor declares his full awareness of the content and terms of this contract ann affirms that the contractual time is the period mentioned in the contract Specification plus the time extension(s), if any, granted by the City of Aspen for successful completion of the project. The undersigned contractor further acknowledges he understands and agrees to liquidated damages to be deducted from moneys due to him for any delayed calendar day beyond the total time at the rate ol $300. O0 per day. This amount and the total allowed time by the City shall not be negotiable under an3' conditions. TOM & ELLEN MARSHALL ENTERPRISES, INC. B "~ Thomas M. Marshall, President /"" Attest: CORPORATE SEAL: Ellen M. Marshall, Secretly STATE OF COLORADO COUNTY OF PITKIN Before me, Leonard M. Oates, a notary public and for Pitkin County, Color appeared Thomas M. Marshall and Ellen M. Marshall, known to me personally to be ' atures in my presence this 31st day of March, A.D. 1998. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [seal] .~ol:mJluo3 ~ISV2ffI:t'd IA,xIV'I3 ~ Bond #23256 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, Thomas M, Marshall having a legal business (Prlncjpal's Name) address at 300 Riverside Avenue, Aspen, Colorado 81611 a T & E ~Cao,~oSra~ona, pla~lne,sE~in, ott,n%~i Se s, inc. as Principal, hereinafter called "Principal", and Pioneer eneral nsuranoe %eJ by 6?80 East Hampden Avenue, Denver, Colorado 80224 {Aedress ot ~urety) a corporation organized under the laws of the State of c o 1 o r a d o , and qualified to transact business in the State of Colorado, heroinafter called "Surety", are held and firmly bound unto the City of Aspen, a Cobrado home rule municipality, as Obligee, hereinafter called !'City", in the amount of: Porty Four Thoueend Six Hundred Sixty Seven Doqlars ($ 44.667.~),0 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 bywritten agreement dated April 13 ,199__8,.entered into a contract with City for Aspen Ice Garden Dehurnidificatjon Project in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is heroinafter /;.,, referred to as the Contract. NOW, THEREFORE, if Principal shall well, truly and faithfully 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 notice to the Surety and during the guaranty period, and if Principal shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless City from all costs and damages which it may suffer by reason 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 shall 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 decfared by City to be in defauR under the Contract, the City having performed Citys obligation hereunder, the Surety may promptly remedy the default or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its 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 available 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 to pay the cost of completion ross the balance of the contract price, 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 Principal under the Contract and any ~ amendments thereto, less the amount properly paid by City to Principal. --, (3) Any contract or succession of contracts entered into hereunder for the completion of the Contract, shall also be subject to this bond as part of the original Contract obligations. PB1-971 .doc "PB1 Page This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 106, C.R.S., as amended. This bond, as a penalty and indemnification bond; shall also 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 expert witness fees, including, without limitations, the fees of engineering or architectural coasultants. 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 carWing out of the contract which the City may be required to make under the law by any reason of such failu re or default of the Principal, Further, Surety and Principal shall protect, defend, indemnify and save harmless the Citys officers, agents, servants, and employees from and against all claims and actions and all expenses incidental.to the defense of such claims or actions, based upon or arising out of injuries or death of 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 or action brought against the City. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named heroin or the employees, .agents, administrators or successors of City. SIGNED AND SEALED this 'l~1:~ day of (~. t/, L ,199 ~. T,tle: SURETY: Pioneer General Insurance Company (seal) NOTE: Accompany this bond 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 Contract.) If Principal is Partnership, all partners should execute Bond, PB1-971.dOC ** PB1 Page 2 Bond #09628 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as Thomas M. Marshall Of T & E Marshall EnterPrises, In~. as Principal, hereinafter referred to as "Principal", and T & E MARSHALL ENTERPRISES, INC. a corporation organized under the laws of the State of c o 1 o r a d o , and qualified to transact business in the State of Colorado, 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: For~y Four Thousand Six Hundred Sixty Seven Dollars and no/100 Dollars ($ 44,667 . 00 ), lawful money of the United States 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 qbligee dated A p r i 113 /~,.k, 19 98 , for furnishing all equipment, labor, tools and materials for: Aspen Ice Garden Dehumidification Project in accordance with detailed plans and specifications on file in the office of the City Clerk of said City, a copy of which Contract is attached heroto and 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 conditions of this Contract on the part of said Principal to be performed, and lopair or replace all defects for aperiod of two year(s) as provided heroin, and protect and save harmless the City of Aspen, Colorado, from all loss and damages to life or property sufferod 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, carolessness, 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 6therwise to romain in full fome and effect in law. 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 quality as to insuro it to be floe from 8.11 defects and in continuous good order and in a condition satisfactory to the Governing Body of the City of Aspen for a period of two year(s) from the date of the issuance of the Certificate of Completion. This Bond guarantees that the said Principal wi]l keep and maintain the subject work without additionai 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. MB1-971 .doc "M81 Page: 1 The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its completion and acceptance shall have been removed or altered by the City or its agent. SIGNED AND SEALED this I:SE- dayof (~ ~/,/-- ,199 ~. SURETY: Pioneer General Insurance Company (seal) Title: ~- ~: ~ (Accompany this bond with cerified copy of General Power of Attorney from the Surety Company to include the date of the bond. MB1-971 .doc **MB1 Page: 2 BIB PROPOSAL FORM ~ roject No.:98-007 BID DATE: 4/2/98 @ 2pro PROJECT: Aspen Ice Gordon Oehumidification Project PROPOSAL SUBMITTED BY:"7~ ~ P-Z4tz,5tJ,~I[ ~,~7;~ ,~,~,,s · co~Pacro~ 7~ CONTRACTOR'S PROPOSAL TO: The Governing Body ~fthe City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made m good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuanS:e of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid a~.d request for bid, all the requirements of the bid documents including 'the plans a~d specifications for 'ads /Ai.d, oil of which have been read and examined prior to signature... The bidder agrees to keep this bid open ' Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandator.v pro-construction conference held by the Engineering Department, which also constitutes the 2Votic~ to Proceed. Submission of this proposal will be iaken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this 'contract document. The City of Aspen reserves the fight to make the award on the basis of the bid deemed most favorable to the City, to waive any in.formalities or to reject any or all bids. The City hall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the .project. All work not specifically set forth as a pay item in the bid fonn shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices Shall include all costs in connection with fi.u'nishing the proper and success completion of the work, including furnishing all materials, equipment and tools, and performing a!I labor and supervision to f~Ily complete the work to the City' s satisfaction. Poor quality. and workraanship sb. all not be paid for hy the City. Suck ~vork product must be removed immediately and replaced properly at no cost to the City. "~"'~ quantities stipulated in the bid form at unit prices are approximate and are to be used only as abasis for ,r. imating tke p~obable cost of work and'for the purpose of comparing the bids submitted to the City. The l~asis of payment shall be the act, oat mount of materials furnished and work done. The Contractor agrees to make no claims for dsmages, antlcipated profit, or otherwise on account ofmuy differences between the amount Of work actually performed and materials actually furnished and the estimated amount of work. .,e City reserves the right tO .increase or decrease the amount of.work to be done on the basis of the bid unit price and UP to plus or minus Twenty Five (2S) Percent of the total bid. I hereby acknowledge receipt of ADDENDUM(s) numbered through ESTIMATED QUANTITY LIST UNIT TOTAL 'BID ITEM DESCRIPTION UNIT QUANTITY PRICE .CO_iSl '. Mobilization & Demobilization LS One $,6,'~c~p --- $/-/z,.~. -- Munters Iceaire A- 100 alehumidifier One $2 9 ?-/..,O, -- S 2 7 ~ oo, ,--- /~latformCon~tructioncost One $z/z, OE,- $'f~-c~8- ~fform Installation One S_~ '2,~t9. - S ~ ~,.,?O, -' Ducting &Sheet Metal One $,2 ~'2~; -- $ 2 9 2 ~. -- Utility Connections One $ /F, SO , - $2F,..5'0, ' Conl~ols &Testing One $ ~,0, -- S c/~.4,~ __ Other fje/-d,~t ,~ i ~,5,ht.~.Ct ' One ' $ 22C& -- $ ,T, ep~ - WOTAL Sn} m' Z UMB .RS:- I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. /-'-~.utI:oHzed Officer: "F'~vto~, ,.~ c, tqv b,7~ 6ht,~/~ , Title: C'~. ~.f .(9. BP1 -g71 .dec 'BP1 C:ontrac~or~s Initials BID BOND KNOW ALL PERSONS BYTHESE PRESENTS, Thatwe, the undersigned, of ~ ,,,~ /'~/-/t/'~ l-/,,~ ) 2 ~7"' i ,~ c. as Principal; hereinaffer referred to as "Principal", and a corporation organized under the laws of the State of ~o/=,z ,,did , and qualified to transact business in the State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen, Colorado, as obliges, heroinafter I d J Doilars ($ Z//.9,~ &'_.Z ), laWful money of the United Stai~es of America, for the Payment of Which sum, well and truly to be made to the City, we bind ourselves, and our heirs, executcrS, administrators, successors, and assignees, jointly and severalIy, by these presents: wHERBS, said P,noipai has eubmi ed a bid for con=uction J,/.,77° NOW THEREFORE, if the City shall accept the bid of the Principal and the Principal shall enter into a Contract for Construction with the City in accordance with the terms of such. Bid, and given.such bond or bonds as may be specified in the Bid Package or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished !n the prosecution thereof, or in the event of the failure of the Principal to enter such Contract for Construction and give such bond or bonds, jf the Principal shall pay to the City ,~e difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for 'ich the Principa~ ma, y in good faith contract with another par~y to perform the work covered by said Bid, then this shall . null and void, otherwise to remain in full force and effect in law. SIGNED AND SEALED this 5 / day of "F///F,~-4 ,199 ~ , PRINCIPAL: ~,-,~.__ .--~/'~/j-Z~ (seal) By:. "~ Z~ N,4.~z;:,~z, / / ZtZ. tZ. tZ. tZ. tZ. tZ~ T i ,~ cAttest: Title: O - (Accompany this bond with cerlfied copy of General Power of A~orney from the Surety Company to include the date of . the bond.) Companyaddress:'T4 V:_'j C'F'xc~r"<i\'~c'L.//I~'V~-3r-e-v-~'c(~;e_5 T__.CxcL, Telephohe number: QqO ' C~ ,'~ 5 - c7 5qq Fax number: q q o ' Q 0 5 - c7 ?~ M q Attested by: 77-/,~,,,,, ~n,~sd~lt Subcontractor & Material Supplier List Name: .TXC"'xe-- LkDL~.ck, Service or Vroduct: Name: ~c~,e v'+ccV-_ Address: ,~ko: ~qqS,Tv, c,v'v~ Name.' g5V) e (h. Address.' ~\0 %CSo~¢~'xe._: ~--~c- · ServiCe or Product.' 15 Name.' 'v'-j '~._.,B4-Bc'~'C~ %,,1791 t{ ' C c",. , Phone #: BP1-971 .dOc *BP1 ' Page 3 Centractor's Initials fl"'wice or Product: F~c'~_ ~ \ ~ V~e% BP1-971 .dec *IBP1 Page 4 Contractor's Initials ' - ; ........:"'; .............; ..................[2.'/;5'F/Y'5~Y'; .....................ED'Y4:~vs¢3"SkY~"z~:~v : ............: .............:'~'ei~ :'5~yusccq'( ~5"3B~': .......' .....................%U )'(,~/5'T~o,uG~b~uk· , ,~Q ~ ~u~S o~. ~ · ' ': .................... ....... :" Y B' B'f: .............:' ~'~':' ( ~ B"' C{ ~:~ e~6: 'G~Y:"' '~'~'~ ...........................................: : ....."',"": .............:'C~'~:' n~'5'~,,~ :'~' ~',~': ........................~j-q'o~..~.-~~.: . b - ~. . .%%: ~' :~a~u~',~/t. · · ............ :~ ............: ..........:'FYe'~}' ~' ~ ~ re" '~'~' ~ ~': ......................~t~,byc ":~s',~:~ ~"' ~ ~, ....: : ............: .............: .............................................................*""n .....~s ......................... 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