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HomeMy WebLinkAboutresolution.council.017-97 RESOLUTION NO.it Series of1997 e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONSTRUCTION AGREEMENT BETWEEN MYERS & COMPANY AND THE CITY OF ASPEN, COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a construction agreement between Myers & Company 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 ofthe City of Aspen hereby approves that service agreement between Myers & Company 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 on behalf e of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ~daYOf~ ,1997, ~g~ I John S. 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. . ~)4~ K S. Koch, CIty Clerk e e MYERS@5 COMPAny LillClIm:Cl'lJQAL MeIl\L:I\ 555 Basalt Avanue Box 1025 Basalt, CO 81621 (303) 927-4761 FAX: (303) 927-4610 March 17tb 1997 City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Ref: Maroon Bells Intake Structure Attn: Mark O'Meara Gentlemen, Myers & Company accepts the terms of the attached Contract, dated as of March 17, 1997 as executed by it's President, Robert H. Myers, with the following clarification's and understandings. The Contract documents as referenced in Article 1 upon which the scope and compensation of this Contract are based are limited to these Contract documents and the plans Dated 2/10/97 as provided by Enartech Inc. (The consulting Engineer and also the owners representative). The work required of us is more fully listed in our proposal dated March 5, 1997: (copy enclosed) This document lists the major items of work to be undertaken to complete the project. It also lists those items not included within the scope of our pricing and thus excluded from this Contract. Any work which may be required of us that is included in those plan documents as listed in this Contract document that is in addition to the work that could have been reasonably anticipated from the documents with which we were furnished for the purposes of our pricing, will be the subject of an A W A for additional compensation for such additional work. Time of Commencement and Substantial Completion: Our prelinlinary proposal was based upon information available about the schedule that was available at the time of our proposal. Our pricing was based upon our ability to proceed with this work in an orderly and efficient mamler during normal business hours without the necessity of overtime costs. We are currently proceeding on a good faith ( risk) basis in order to secure longer lead time items in a time frame consistent with the original schedule intent. (Early May) We now understand that installation will be in Mid to Late May. ABANA Member MEMBER e e e Myers & Company will make every effort to comply with the schedule as referenced by this Contract, or as it is made aware of changes to the schedule by the Owner or the Owner's representative. Myers & Company will make every effort to avoid incurring extra or unanticipated costs due to scheduling, however, should such costs be unavoidable to insure timely completion of this project the Owners Representative will be notified in advance and will negotiate such additional costs in good faith. Payment Our right to payment is absolute with regard to the owners responsibility to pay for the services we perform as represented by this contract. This payment obligation is predicated upon our faithful performance as established by the construction documents. The purpose of entering into this agreement, on our part, is to secure our right to payment for the full and faithful performance of the work described in our proposal and this Contract document. We are to perform this work prior to our being paid. We will be paid subsequent to approval and acceptance by the owner of our work. We understand that the approval of the owner, or the owners engineer, for our payment will not be unreasonably withheld. We will defme the terms approval and substantial completion to mean a specific statement of approval or substantive use of our work for the purposes for which it was intended In general we expect that the approval of our work will be based upon information made available to us at the time of our pricing proposal. We generally understand that common industry standards will be utilized as standards for any judgments regarding workmanship Final payment under the terms of this subcontract will be due subsequent to the completion of the work contemplated by this subcontract, subject to approval of owner or owners agent or engineer as approval is above defined. It is our understanding that any release of liability from us, that may be required as a condition precedent to payment, will be contingent upon full and final payment for our work as performed pursuant to this subcontract. It should be noted that items purchased from Myers & Company are subject to the Pitkin County Sales tax and thus are exempt from Pitkin County Use tax. Any amounts paid to Pitkin County as deposits for Use tax purposes should receive credits for Pitkin County Sales tax collected by Myers & Company for work and materials provided within Pitkin County. We are not sure of the Tax status of this project. The General Conditions (6.15) would seem to indicate that tax should be collected. Is this the case? e . . Myers & Company is in compliance with all Tax regulations that are applicable in Pitkin County as we are licensed to collect Sales Tax within the County. Chanl!e Orders: We accept this provision with the understanding that any changes made at the request of an authorized representative of the owner that are performed prior to written change order documentation will be negotiated in good faith by the owner as if they had been performed under the specific procedure outlined by the language of the provision. Insurance: Myers & Company has the insurance coverage's required under the terms contained in Section 5 by virtue of our regular policy. Our coverage's are well in excess of the requirements by virtue of our "Umbrella" coverage's and "Same Company" coverage for both liability and workers compensation insurance. We have an installation floater that wil cover the property in question while it remains in our care custody and control. We have sent certificates of insurance directly to the Owner and the Owners Engineer. Indemnitv: The language of any indemnification provision is, at best, confusing. Myers & Company accepts the indemnification provision with the understanding that the responsibilities accepted are reciprocal. i.e. We will be indemnified and held harmless for losses that are not due to our negligent acts or omissions. Miscellaneous: Myers & Company agrees to pay reasonable backcharge amounts to others, for additional costs that are the responsibility of, or are caused by, Myers & Company. We agree to this only to the extent that we are notified in advance, in writing, of the potential charge and that we have the opportunity to correct the problem that leads to any potential charge. We also understand that this is a reciprocal responsibility that provides to us the opportunity for recovery of additional unanticipated costs that are caused by others. e . e The Owner will provide any and all information that may be required by law to be communicated to the Contractors employee's for hazards not within the control of the Contractor. We appreciate the opportunity of working with you on this project. . . e AGREEMENT This AGREEMENT made and entered into as of the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("Owner") and MYERS AND COMPANY, ("Contractor"). WHEREAS, the Owner 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 titled: MAROON CREEK INTAKE STRUCTURE SAFETY UPGRADES. WHEREAS, Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the Owner, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation to Bid; and, WHEREAS, the Owner, in the ffiamler prescribed by law, has publicly opened, exanIined, and canvassed the Bids submitted in response to the published Invitation to Bid 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 Work and has duly awarded to the Contractor an Agreement therefore, for the sum or sums named in the Contractor's Bid; NOW, THEREFORE, in consideration of the payments and Agreement hereinafter 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 material, 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) calendar days after the date of the NOTICE TO PROCEED and will complete the same by the date and time indicated in the Supplementary 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 the Contract Documents and comply with the terms therein for the sum of THIRTY TWO THOUSAND FIVE HUNDRED FIFTY FOUR DOLLARS ($32,554) or as shown on the BID schedule. 5. The term "Contract Documents" means and includes the documents listed in the Supplementary Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 1 e . . 6. The Owner shall pay to the Contractor in the manner and at such time as set forth in the General Conditions such amounts as required by the Contract Documents. 7. 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 not be binding upon the Owner unless duly executed by 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, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. Dated: (///5 /9"'f # , ATTESTED BY: OWNER: CITY OF ASPEN, COLORADO ~yj4 By 0, [71JMtf4"'" CONT ( 0" ATTESTED BY: )twd, it 0 'mrJi!JMtlv By _ /n<jC~~ ( Z-~-qo; '- ""3' oj 1 7 f\ (J), "><- t-S-u- ~..J A,~\A~LJ) \e..-~ ~ ,r' ;;greemnLbid 2 . MYERS@1555 Basalt Ave. Box 1025 COM."''' Basalt, CO 81621 ....MIII (970) 927-4761 AQCIlITEC'I'lJRAL ME'Il\L!\ Fax (970) 927-4610 City of Aspen Water Dept. 130 South Galena Aspen, CO 81611 Attn: Mark O'Meara .9>wpoJat March 5, 1997 Job Name: City of Aspen Maroon Bells Intake Structure per drawings dated 2/10/97 Includes: Beams Ledger Railings Handwheels Steel guides Bearings and journals Acme threaded rod & nuts Plastic guides Aluminum stop blocks Stainless steel plates Aluminum grating All required bolts Field measuring Shop drawings Installation Excludes: Tax Snow Re~oval Bond Permits Pressure treated timbers Installation of pressure treated timbers Rebar Installation of Rebar Modifications to any existing structures not specifically called out in design drawings Notes: Design drawings will serve as erection drawings for this project. Shop drawings for approval will be provided for individual pieces Installation will not take place until the estimated water level during construction (8,234.1') has been met, and is maintained. We assume that installation will take place either the last week of April or first week of May. Stlould conditions not be favorable, we ask that the project be delayed until after high water. WE PROPOSE to furnish labor and material-- complete in accordance with the above specifications, and subject to conditions found on both sides of this agreement, for the sum of: Thirty Two Thousand Five Hundred Fifty Four dollars ($ $32,554..00 ). Payment to be made as follows: Net 10th, 25th prox. (1.5%/month finance charqe applied to outstanding balances. Please read terms on reverse side.) EPTED: The above prices. specifications and conditions are satisfactory and are .Jbyaccepted. }Ou are authorized to do the ~rk as specified. Payment will be made outlined above. (Read reverse side.) Please sign and return white copy. ~ s"~'I~j!?.L--- A1.....+"'.Th;"'.....,.,..,""""'"I'""uM..,dM..",.n"IJ..",,,,ifl'1...t<J""""'...~,,nH.;,., ")(1 ,..{::! 1/ co Date of Acceptance By