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Home My WebLink Aboutresolution.council.080-97 RESOLUTION #80 (Series of 1997) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE DESIGN BUILD TEAM B&H GENERAL CONTRACTORS, INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE CONSTRUCTION OF THE CITY OF ASPEN PARKS & MAINTENANCE STORAGE FACILITY PROJECT 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 B & H General Contractors, 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 B & H General Contractors, Inc. regarding the City of Aspen Parks & Maintenance Storage Facility Project, 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: ~.J 13) J1~ ~(7~ . 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~e ~ Council of the city of Aspen, Colorado, at a meeting held I , 1997. ----- ~xlk thryn S. Koch, city Clerk PART TWO AGREEMENT FOR DESIGN/BUILD PROJECT THIS AGREEMENT, made and entered into on October 14. 1997 ,by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and B& H General Contractors. Inc. , hereinafter called the "Contractor". WHEREAS, the City 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 entitled: City of Aspen Parks & Golf Maintenance/Storage Facility, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed proposal in accordance with the terms of said Invitation for Proposals; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted in response to the published Invitation for Proposals therefore, and as a result of such canvass has determined and declared the Contractor to be the most responsive proposer for the said Work and has duly awarded to the Contractor a Part 2 Agreement therefore, for the. Sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Part 2 Agreement herein mentioned: 1. The Contractor shall commence and complete the Work as fl;llly described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the Work described herein. 3. The Contractor shall commence the Work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special 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 a sum not to exceed One Million one hundred thousand and no cents ($1.100.000) or as shown in the proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions for Design/Build Project and in the Special Conditions, if any. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Part 2 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 Part 2 Agreement shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This a.9reement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed Or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Part 2 Agreement. in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Part 2 Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Part 2 Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Part 2 Agreement was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Part 2 Agreement. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Part 2 Agreement, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Part 2 Agreement and that he/she has full and complete authority to enter into this Part 2 Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Part 2 Agreement on the date first above written. ATTESTED BY: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: City Asset Manager By: ..... .../ttI tf/?~ City Attofuey ATTESTED BY: CONTRACTOR: By: Title: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Agreement shall be signed by a Principal and indicate title. CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF COUNTY OF ) ) 55. ) On this appeared day of , 19_, before me known, who, being by me first duly sworn, of , to me personally did say that s/he is and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public Address My commission expires: 10/08/1997 12:19 970-953-5909 .3 Ar,m H GENERAL CWR-STA3.WK4 B & H GENERAL CONTRACTORS, INC. 114 FLYING FISH ROAD CARBONDALE. CO PH (970) 983-1639 FAX (970) 963-5909 Aspen Parks & Golf Facility SulfIIIMIY of Project Costs OrIginal Estimated Budget SulltQ" fJI M Coet SnIIIga Summary of PossIble Project Cost Additions SubtlOtlll of AI eo.t Addlllons Altemll1l Ad... Alternate Add ~ Altemate Add Recycle System Subtotal Budget (no mezzanine, see below) $47,547.00 outstanding $25,000.00 outstanding Total With Alternates 1 PAGE 02 $1,183,627.00 (no mezzanine) ($166.330.00) $86,899.00 $1,103,196.00 $47,547.00 $25,000.00 $1,175,743.00 __::...... '_c/ _ = = I ._~.._ _ = t'C-=:':;",,;,-,:t:,':::::: CWR-STA2.WK4 ..-l H <,oJ ...._ ............-.- B & H GCKRAL CONTRACTORS, INC. 174 flYING FISH ROAD CAR8()NDALE, CO PH (970) 983-8639 FAX (970) 963-5909 Aspen P.rks & Golf Facility Summary of PossIble Project Cost Savers Status $1,183,627.00 (no mezzanine) Amount OrIginal Estimated Budget ..... DllcttwMIOn Asphalt PlrNIQ Whldows 0 OfficeIA,-b...m Bike R8ck ~ ~1" Aproos eona... SlID. Cokt SIorIlge Boerd & B8lt8n '.SicIng Gate Ear1tMork & DemoItion Sewer MIIin ~oute Trash Endoeure Stairs Louvers TtlfM Foot WIde Aprons ConcratI Apfon . CoIdSlorllge MaI..'loIe tpS...4 ExaIYaIa & o.tot Grede Su".. of ,. Coet ...... 1 Amount ($22,628.00) ($2.047.oo) ($554.00) (S49,353.oo) ($7,238.00) ($&.999.00) ($11,585;00) ($3,998.00) ($40,183.00) ($8,161.00) ($2,523.00) ($8,099.00) ($889.00) ($1,508.00) ($2.003.00) ($2,733.00) ($2,687.00) accepted accepted accepted accepted rejected accepted accepted accepted accepted accepted accepted accepted accepted Ciccepted accepted accepted ~pted ($22,268.00) ($2,047.00) ($554.00) ($49,353.00) $0.00 ($9,999.00) ($11,565.00) ($3,998.00) ($40,163.00) ($8,161.00) ($2,523.00) ($6,099.00) ($669.00) ($1,508.00) ($2,003.00) ($2,733.00) ($2,687.00) ($188,330.00) . 10/08/1997 12:19 970-963-5909 CWR-STA2.WK4 B A"m ~ GE!'4==!;(A~ :>AG:. ::: ,. SunJllJaty of PossIble Project Cost Additions Conduits Window Sa'e8ns Optionlll Cold Storage Fire Sprinler Offices Floor Drains New.Strud1ft 0 Existing Office Sprinkler SystIm Final ventitation & CO2 0et8di0n Air CornpreuOr AIIol.rJwK;e Wash System Upgrades ConcreI8 W.. I~ Increase Su...... ,. M eo.t AddItIons AItJema.. AlIda Altemate Add Mezzanine Alternate Add Recycte System 2 $1,535.00 $4,317.00 $19.951.00 $6,061.00 $3,990.00 $17,354.00 $8,241.00 $26,404.00 $4,221.00 $7,822.00 $6,054.00 accepted accepted rejected accepted accepted accepted accepted accepted accepted accepted accepted $1,535.00 $4,317.00 $0.00 $6,061.00 $3,990.00 $17,354.00 $8,141.00 $26,404.00 $4,221.00 $7,822.00 $6,054.00 $8a.899.00 Subtotal Budget $1,103,196.00 (no mezzanine, see below) $47,547.00 outstanding $25,000.00 outstanding $47,547.00 $25,000.00 T otalWith Alternates $1,175,743.00