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HomeMy WebLinkAboutresolution.council.049-95 mOLUnON NO. Series of 1995 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT AMENDMENT BETWEEN K. R. SWERDFEGER CONSTRUCTION, AND THE CITY OF ASPEN, COLORADO, FOR PROFESSIONAL SERVICES RELATING TO LAKE AVENUE AND ARDMORE COURT WATER SYSTEM IMPROVEMENTS, AND AUTHORIZING THE crrY MANAGER TO EXECUTE SAID AGREEMENT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional services agreement amendment between K. R. Swerdfeger Construction, and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that professional services agreement amendment between K. R. Swerdfeger Construction, and the City of Aspen, 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 agreement amendment on behalf of the City of Aspen, INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the/'~/ day of _f/~~, 1995. · Bennett, 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 on the day hereinabove stated. Kat~p~n S. Koch, City Clerk CONTRACT THIS CONTRACT, made and entered into this day of 19 95., by and between the City of Aspen Water Department , hereinafter in the Contract Documents called the "Owner", and K.R. Swerdfeger Construction. Inc.. (1) A Corporation organized and existing under the laws of the State of Colorado (2) A Partnership consisting of (3) An individual trading as , of the City and State of hereinafter in the Contract Documents called the "Contractor". WlTNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE STATEMENT OF WORK: For and in consideration of the unit and/or lump sum prices for the various items of work as set forth in the Bid and Proposal heretofore submitted by the Contractor, said Contractor shall furnish all necessary business administration, superintendence, labor, equipment and material, and perform complete and deliver to the Owner, to the Owner's satisfaction, under the direction of the Engineer, free from all liens, claims and demands of any kind for material, equipment, supplies, services, labor taxes and damage to property or persons, in full compliance with the Corrtract Documents and in strict accordance with the terms thereof, all of which are made a part hereof by reference herein, are designated as follows: (a) Notice to Bidders (b) Instructions to Bidders and Bidder's Representation(s) © Bid Bond Form (d) Performance, Payment and Maintenance Bond (e) Contract (f) Certificate of Incorporation (g) Notice of Award (h) Notice to Proceed (I) Proposal (j) Drawings (k) General Specifications and Special Specifications (1) Addenda (See Proposal) (m) Certificates of Insurance The above named Documents shall be binding and effective and form a part hereof as if attached hereto or fully set out herein, and each~ detail shall be equally binding whether it appears in one, some, or all of the Contract Documents. i10 4 August 4, 1995 - 980AWT04 (~ Le0na[d Rice Consulting Water Engineers, Inc. ARTICLE 2 PERFORMANCE, PAYMENT AND MAINTENANCE BOND: The Contractor of the second part furnishes concurrently herewith a Performance, Payment and Maintenance Bond in th~' amount of the total Contract price, as required by the Contract Documents, such Bond being attached hereto. The Performance, Payment and Maintenance Bond shall guarantee all material and workmanship furnished by the Contractor for a period of two (2) years after the date of final inspection and acceptance by the Owner. ARTICLE 3 TIME OF COMPLETION: The Contractor shall proceed with due diligence and care and shall maintain the necessary men, materials and equipment on the job to complete the work on time. Delivery of all materials shall be complete in accordance with the Contract Documents within 40 calendar days from the date of the Notice to Proceed, and liquidated damages not as a penalty the sum Five hUndred and no/100 Dollars ($. 500.00 ) per day will be deducted from the amount due the ContraCtor for the performance of the Contract for each day thereafter which is required to complete the work called for by the Contract due to the impossibility of determining the actual damages for delay. ExtenSion of the completion date will be allowed only in accordance with provisions of the Contract Documents. ARTICLE 4 COST OF CONSTRUCTION: The Contractor agrees to complete the work shown and described in the Proposal which consists of Revised Proposal for the City of Aspen Water Department. 1.995 Water System Improvements, Lake Avenue Waterline Replacement , Specifications No. 980AWT04 for the sum of One hundred fifty-four thousand, two hundred nine and no/1.00 Dollars ($1_54.209.00 }. Payment of this sum shall be made in monthly installments based on the Engineer's Estimate of the amount and value of the work completed during the month in accordance with the specifications and the final payment shall be made by the Owner to the contractor after delivery and acceptance by the Engineer and thirty days of advertisement of final acceptance. ~ ARTICLE 5 ASSIGNMENT: Contractor shall not at any time assign any interest in the contract or the other Contract Documents to any person or entity without the prior written consent of the Owner. The terms of this Contract shall inure to and be binding upon the successors and assigns of the parties hereto. 5 August 4, 1995 - 980AWT04 (~ Leonard Rice Coneufting Wa~ef Engineers, Inc. ARTICLE 6 AMENDMENT: The Contract may be amended from time to time by written agreement between the parties hereto. No amendment, modification or alteration of the Contract shall be binding upon the parties hereto unless the same is in writing and approved by the duly authorized representatives of each party hereto. ARTICLE 7 SEVERABILITY: In any term, section or other provision of the Contract shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such terms, sectiOn or other provision shall not affect any of the remaining provisions of this Contract. ARTICLE 8 WAIVER: No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver or any other rights, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. ARTICLE 9 REMEDIES: None of the remedies provided to either party under this Contract shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party may then be entitled. Every obligation assumed by, or imposed upon, either party hereto shall be enforceable by any appropriate action, petition or proceeding at'law or in equity. In addition to any other remedies provided by law, this Contract shall be specifically enforceable by either party. The Contract shall be construed in accordance with the laws of the State of Colorado, and particularly those relating to governmental contracts. ARTICLE 10 COUNTERPARTS: This Contract may be executed in multiple counterparts, each of Which shall constitute an original, but all of which shall constitute one and the same document. 6 Augt~st 4, 1995 - 980AWT04 Leonard Rice Consulting Water Engineers, Inc, ARTICLE 11 ENTIRETY: This Contract constitutes the entire agreement between the parties concerning the subject matter herein, and all prior negotiations, representations, contracts, understandings or agreements pertaining to such matters are merged into, and superseded by, this Contract. ARTICLE 12 COMPLIANCE WITH ASPEN PROCUREMENT CODE: This agreement 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 agreement shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Municipal Code, including the approval requirements of Section 3-11. This agreement shall not be binding upon the Owner Unless duly executed by City Manager or the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. IN WITNESS WHEREOF, the parties hereto have executed this contract in two (2) counterparts, as of this day and year hereinabove set forth. (SEPAL) K.R. Swerdfeger ConstruCtion Inc. CONTRACTOR By: Title: (SEAL) C ? of Aspen By:, ,. /'/,/7 __ ~" V Title: ~cr ~_ / NOTE: Certification of Incorporation shall be executed if Contractor is a Corporation. Leonard Rice Consulling Waler Engineers, Inc. 7 August 4, 1995 - 980AWT04 CONTRACT THIS CONTRACT, made and entered into this . day of , 19 95 , by and between the City of Aspen Water Department, hereinafter in the Contract Documents called the "Owner", and ICR. Swerdfeger Construction, Inc.. (1) A Corporation organized and existing under the laws of the State of Colorado (2) A Partnership consisting of (3) An individual trading as , of the City and State of hereinafter in the Contract Documents called the "Contractor". WlTNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 STATEMENT OF WORK: For and in consideration of the unit and/or lump sum prices for the various items of work as set forth in the Bid and Proposal heretofore submitted by the Contractor, said Contractor shall furnish all necessary business administration, superintendence, labor, equipment and material, and perform complete and deliver to the Owner, to the Owner's satisfaction, under the direction of the Engineer, free from all liens, claims and demands of any kind for material, equipment, supplies, services, labor taxes and damage to property or persons, in full compliance with the Contract Documents and in strict accordance with the terms thereof, all of which are made a part hereof by reference herein, are designated as follows: (a) Notice to Bidders (b) Instructions to Bidders and Bidder's Representation(s) © Bid Bond Form (d) Performance, Payment and Maintenance Bond (e) Contract (f) Certificate of IncorporatiOn (g) Notice of Award (h) Notice to Proceed (I) Proposal (j) Drawings (k) General Specifications and Special Specifications (1) Addenda (See Proposal) (m) Certificates of Insurance The above named Documents shall be binding and effective and form a part hereof as if attached hereto or fully set out herein, and each detail shall be equally binding whether it appears in one, some, or all of the Contract Documents. 10 4 August 4, 1995 - 980AWT13 Leonard Rice Consulting Water Engineers, Inc. ARTICLE 2 PERFORMANCE. PAYMENT AND MAINTENANCE BOND: The Contractor of the second part furnishes concurrently herewith a Performance, Payment and Maintenance Bond in the amount of the total Contract price, as required by the Contract Documents, such Bond being attached hereto. The Performance, Payment and Maintenance Bond shall guarantee all material and workmanship furnished by the Contractor for a period of two (2) years after the date of final inspection and acceptance by the Owner. ARTICLE 3 TIME OF COMPLETION: Thc Contractor shall proceed with due diligence and care and shall maintain the necessary men, materials and equipment on the job to complete the work on time. Delivery of all materials shall be complete in accordance with the Contract Documents within 21 calendar days from the date of the Notice to Proceed, and liquidated damages not as a penalty the sum Five hundred and no/100 Dollars ($ 500.00 ) per day will be deducted from the amount due the Contractor for the performance of the Contract for each day thereafter which is required to complete the work called for by the Contract due to the impossibility of determining the actual damages for delay. Extension of the completion date will be allowed only in accordance with provisions of the Contract Documents. ARTICLE 4 COST OF CONSTRUCTION: The Contractor agrees to complete the work shown and described in the Proposal which consists of Revised Proposal for the City of Aspen Water Department, 1995 Water System Improvements. Ardmore Subdivision Waterline Replacement, Schedule 3a Revised , Specifications No. 980AWT13 . for the sum of Fifty-nine thousand, five hundred fifteen and 50/100 Dollam ($ 59,515.50 ). Payment of this sum shall be m~de in monthly installments based on the Engineer's Estimate of the amount and value of the work completed during the month in accordance with the specifications and the final payment shall be made by the Owner to the contractor after delivery and acceptance by the Engineer and thirty days of advertisement of final acceptance. ARTICLE 5 ASSIGNMENT: Contractor shall not at any time assign any interest in the contract Or the other Contract Documents to any person or entity without the prior written consent of the Owner. The terms 6f this Contract shall inure to and be binding upon the successors and assigns of the parties hereto. 5 August 4, 1995 - 980AWT13 Leonard Rice Consulling Waler Engineers, Inc. ARTICLE 6 AMENDMENT: The Contract may be amended from time to time by written agreement between the parties hereto. No amendment, modification or alteration of the Contract shall be binding upon the parties hereto unless the same is in writing and approved by the duly authorized representatives of each party hereto. ._ ARTICLE 7 SEVERABILITY: In any term, section or other provision of the Contract shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such terms, section or other provision shall not affect any of the remaining provisions of this Contract. ARTICLE 8 WAIVER: No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver or any other rights, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. ARTICLE 9 REMEDIES.: None of the remedies provided to either party under this Contract shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party may then be entitled. Every obligation assumed by, or ir~posed upon, either party hereto shall be enforceable by any appropriate action, petition or proceeding at law or in equity. In addition to any other remedies provided by law, this Contract shall be specifically enforceable by either party. The Contract shall be construed in accordance with the laws of the State of Colorado, and particularly those relating to governmental contracts. ARTICLE 10 COUNTERPARTS: This Contract may be executed in multiple counterparts, each ot~ Which shall constitute an original, but all of which shall constitute one and the same document. 6 August 4, 1995 - 980AWT13 Leonard Rice Consulting Water Engineers, Inc. ARTICLE 11 ENTIRETY: This Contract constitutes the entire agreement between the parties concerning the subject matter herein, and all prior negotiations, representations, contracts, understandings or agreements pertaining to such matters are merged into, and superseded by, this Contract. ARTICLE 12 COMPLI3dNCE v~rITH ASPEN PROCUREMENT CODE: This agreement 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 agreement shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Municipal, Code, including the approval requirements of Section 3-11. This agreement shall not be binding upon the Owner unless duly executed by City Manager or the Mayor of the City of_Aspen (or a duly authorized official in hiS absence) following a Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. IN WITNESS WItEREOF, the parties hereto have executed this contract in two (2) counterparts, as qf.t .his day and year hereinabove set forth. (SEAL) K.R. Swerdfeger Construction Inc. CONTRAC-WOR ATTEST: l By: ~4 (S ,E~,L! City of Aspen NO2r]~: Certification of Incorporation shall be executed if Contractor is a Corporation. (~ 7 August 4, 1995 - 980AWT13 Leonard Rice C00su~ting Water Engineers. Inc.