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Home My WebLink Aboutresolution.council.029-96 e e . RESOLUTION NO. ~~ (Series of 1996) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND BASALT CONSTRUCTION FOR IMPROVEMENTS AT THE MOORE POOL AND MISCELLANEOUS HANDICAP ACCESS IMPROVEMENTS TO CITY FACILITIES AND ALONG MAIN STREET, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Basalt Construction, a copy of which contract is annexed hereto and made a part hereof. 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 a contract between the City of Aspen, Colorado, and Basalt Construction for improvements at the Moore Pool and for miscellaneous handicap access improvements to City facilities and along Main Street, a copy of which is annexed hereto and incorpo- rated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. Dated: ~~ ~ , 1996. John ~ t3..... .StV . Bennett, Mayor e e e 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 7?J;72Y" , 1996. ~)4~ Kathryn . Kolih, City erk 2 61crJ ..w CONTRACT FOR CONSTRUCTION IN THE CITY OF ASPEN, COLORADO )i']C()(t' 'r<~'oj \ '>". e This agreement, made ~ '" . in the year Nineteen and entered into this 22 day of riA'!' Hundred 90 ,by and between the CITY OF ASPEN, COLORADO, hereinafter called the OWner 'I and !?/}:5AL- T CD/lJ 51 ell CTlDA! Co, , hereinaf~er,cailed the ContI'actor. WITNESSETH, that the OWner and the Contractor, for the considerations hereinafter named in the annexed proposal, agree as follows: ARTICLE 1 - SCOPE. OF WORK: The Contractor shall furnish all materials and perform all work in. the manner described in the Request for Bid entitled: Moore Pool & Misc. Handica~ Access Improvements ARTICLE 2-NOTICE TO PROCEED, TIME OF COMPLETION: The Contractor agrees to commence work under this Contract within 10 days' after the receipt of a Notice to Proceed and to complete all work thereunder not later than as specified in the Special Conditions. e After the Contractor and the City Manager of ASPEN have signed this agreement, a dated City of ASPEN Precdnstruction Conference wi-II, unless otherwise notified in writing, constitute a Notice to Proce'ed. A working day shall be any day except Saturdays and Sundays and legal holidays upon which the Contractor can physically and legally prosecute the work. The Contractor shall not carry on construction operations on Saturdays, Sundays or holidays unless previously arranged, except for prewetting, making emergency repairs and providing proper protection of the work. Saturdays, Sundays and holidays will not be counted as working di3.Ys when the Contractor utilizes such days for constructiorr work. Working days will not be counted when rain or muddy or frozen ground interferes with the work. If the work is delayed due to causes beyond the Contractor's control, workinq days will not be counted provided the Contractor notifies the City and produces satisfactory evidence that the delay was unavoidable and si s and dates the Cit 's Standard Dail Construction 16 re ared b the Cit 's ro'ect ins ector I FlU'::, BIDCQNTR. _"K' B>OOOC/GEN.CONO. Cl** "" -. ARTICLE 3 - CONTRACT SUM: ~ The Owner shall pay to the Contractor for the perfomance of the _ Contract, subject to additions and deductions provided therein, in current funds, the sum riFT'? -Favlf 771t5ZJ5A-,VD, i=/i/E !fo,vjJJ?Ef), Fm?T'? E Ia, fIT ( -i a4,~9-B_ DO ) dollars, at times and in ,thJ manner hereinafter provided. It ARTICLE 4 - MISCEL~ANEOUS: (a) Whenever the Owner teminates the Contract in accordance with the tems thereof, the surety shall, within fifteen (15) consecutive' days of said date of temination by Owner, noti,fy the Owner in writing of its election to complete the Contract in accordance with its tems and conditions or notify the Owner that the surety elects not to complete the Contract in accordance with its temsand conditions or notify the owner that the surety elects not to complete the Contract. If the surety fails to give the written notice so required within the said fifteen (15) consecutive days period, then it will be deemed that it has elected not to complete the Contract. e Should the surety elect to complete the Contract, then it shall obtain a Contractor, contract with such Contractor on the basis of completing the Contract in accordance with its tems and prosecute the work with due diligence. The sur~ty shall be entitled to receive the benefits of the Contract, not to exceed its costs of completion, from the Owner at the time (s) set forth in the Contract, but not to exceed the actual costs of completion. Any progress payments due but not paid at the date of temination shall be paid to the Contractor and the surety, jointly; however, if there are other claims made to such funds, or any part thereof, the Owner shall be entitled to retain the same. until legal rele~se is furnished to Owner by surety. In the event the surety elects not to complete the Contract, the Owner may then have the work completed i.'9. such means and in such manner, by Contract with or without public letting,or otherwise, as it may deem advisable. The surety in such event shall at all times make available as work progresses under the Contract between the Owner and its new Contractor sufficient funds to pay the cost of the completion of the Contract as per its tems, but in no event shall the surety be responsible for the payment of any sums to the Owner to and until the OW:Qer has paid in full the total obligation to be expended by it under the tems of the original Contract plus change orqers if any. _E' RIDCONTR. JlSK: RIO DOC./GEN. CONDo Contractor's Initi~ C2** e - ., In the event the surety elects nat to. camplete, it shall be respansible to. the Owner, alang with any and all ather damages far which it is respansible under law, the Cantract and the band(;,) furnished far an amaunt af five (5) percent of the campletion Cantract which has to be executed between the Owner and its new Cantractor. This figure represents liquidated damages far additianal engineering time and additianal time af City oersannel invalved in reletting and taking ,care af ather items, a,ll'af which is difficult to. ascer.tain aml impassible to. accaunt. -far. Such amaunt is fair, adequate, ~ and satisfactary with the parties Cantracting hereto. In addition, along with all other damages set forth, if the job is not. completed on the completion date, and regardless of terminating or not terminating the Contract, the surety and the Contractor shall be responsible to the Owner for ten (10) percent of the maney it has expended on the job from the date the job should have been completed. The procedures set forth in this can tract shall apply should there be a default and terminatian ar a succession of defaults and terminations in fulfilling the terms and conditions of work under this ariginal Contract. In the event there are. negotiatians between the Cantractor and/or the surety and the Owner subsequent to. the date af termination, said parties shall appoint a duly authorized representative with authority to represent them during the negotiation. All written cOI!llllunications and official discussions between the parties shall be conducted by the duly autharized representatives. (b) In the event any action in court is braught against the Owner or Engineer, ar any officer or agent of either of them, for the failure, omissian ar neglect af the Contractor to. perf arm any of the undertaken; or for injury or damage caused by the alleged negligence af the Contractor or his subcontractor9 or his-or their agents, or in connectian with any claim based on lawful demand af subcontractors, workmen, material, or suppliers; the Contractor shall indemnify and save harmless the Owner and Engineer and their officers and agents fromiall losses, damages, costs, expenses, judgments, or decrees arising aut of such action. The term "expenses" in the case of the Owner ar afficer(s) or agent(s) thereof, shall be deemed to. be the following amaunt: all attarney fees af attorneys retained or employed by the City of .defense of any of the above described caurt actions. The parties agree that .it is fair and proper to include this in the City's "expense" because the time spent on defense of a lawsuit or lawsuits means the City loses ,a~l attorney time' used on the litigation which could profitably be used on Contractor's Initial~ e'LIe '''DCDNTR. ,ISI-(: BID DOC./GEN. CONDo C3** .'" RmCONTR. " ,ISK, BID DOC/GEN. CONDo . e ~ " $ other, important items of City business. .The amount of attorney fees shall be proven by affidavit of each attorney retained or employed nythe City stating hours spent. and the hourly rate along with reasonable fees for all paralegal services relating to the litigation. I ARTICLE 5 - CONTRACT DOCUMENTS j Shall consist of the following: Advertisemenjt' for Bids, Instruction to Bidders, General Conditions, Special Conditions, Drawings for the project, Contractor's Proposal, Contract for Construction, Performance Bond, Maintenance Bond, Labor and Material Payment Bond, Liquida ted Damages and Failure to' Complete Work on Time Agreement, Affidavit of Compliance with City of ASPEN Non-Discrimination Code, Affidavit of Residency, Claim Release, and Addendum No.(s) OAlE (I) , from the Contract and they are as fully a part of the Contract as if hereto attached or herein repeated. ARTICLE 6 - AGREEMENT: This agreement administrators, hereto. shall be successors, binding upon and assigns the heirs, of each of executors, the parties IN WITNESS WHEREOF: The said Contractor has hereunto set his h,and and seal, and the said incorporated City of ASPEN, Colorado has caused this agreement to be signed by its representative and countersigned by its City Clerk, the day and year first wribten above. :::~~~~ Seal .' . By: A~It) /~ By, Cit Clerk PEN, COLORADO City Attorney Contractor's 'nitia~ C4**