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HomeMy WebLinkAboutresolution.council.047-04RESOLUTION NO. t.]-~/~ Series of 2004 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Grand River Construction, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and Grand River Construction, 'a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and Grand River Construction, 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 contract on behalf of the City of Aspen. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ ~ ~,~ ~-' ,2004. ! Kathryn S. Koch, City Clerk CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Grand River Construction~ 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: 2004 Street Improvements Project (Project # 2004-028). 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 Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids 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 a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 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. 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 hundred Seventy Two Thousand Two Hundred & Four Dollars and Eighty Nine Cents ($t72,204.89) DOLLARS or as shown on the BID proposal. CC2-971.doc Page 1 **CC1 10. 11. 12. 13. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions: The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 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. This Contract For Construction 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 COntract For Construction 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. This agreement 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. 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 Contract For Construction 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. 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. The parties agree that this Contract For Construction 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. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. This Contract For Construction 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 Contract For Construction. CC2-971.doc Page 2 **CC1 14. 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. ATTESTED BY: RECOMMENDED FOR APPROVAL: Cit~ StYe'et Dei~rtment CITY OB~ASPEN, COLORADO Title: <~.?~"~ ~'~.~,~ / APPROVED AS TO FORM' City Attorney ATTESTED BY: CONTRACTOR: By: ~ 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. CC2-971.doc Page 3 **CC1 ..... CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ~d~~ ) SS. On this ~-~' dayof ~~ being by me fiEs~ duly sworh, d~ay that s/he is 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 frae act and deed of said corporation. , l~zcr~Y.-/, before me appeared , to me personally known, who, and that the seal affixed WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. My commission expires: Addrejss - ' - CC2-971.doc Page 4 **CC1 ' ' ' ' ONE · PERFORMANCE BOND BOND NO. S314635 KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, GRAND RIVER CONSTRUCTION CO. having a legal business (pnnclpat's Name) addressat P.O. BOX 1236~ GLENWOOD SPRINGS, CO 81602 , a CORPORATION as Principal, hereinafter called "PrincipaF, and (L;orpora[~o., i-'artnersh{p, or li~'d~vldualJ EMPLOYERS MUTUAL CASUALTY COMPANY (Narn~ oi'~urety) ?.0. BO× 370010, D~iT~ER, CO 80237-0010 {AddreSS ~t Surety) a corporation organized under the laws of the State of IOWA , and q ualified to transact business in [he State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen, a Colorado h oma rule municipality, as Obligee, hereinafter called "City", in the amount of: EUNDRED SEVENTY TWO THOUSAND TWO HUNDRED FOUR AND 89/100 DOLLARS ($172,204.89), 'n lawful money of the United States for payment Whereof'Principai and' Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present. WHEREAS, Principal has by written agreement dated ,20 0__~ entered into a contract with City for 2004-028 STREET IMPROVEMENTS in accordance with the Contract Documents which contract Documents is by reference made a Part hereof, and is hereinafter 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 pedod, and if Principal shall satisfy ali 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 declared by City to be in default under the Contract, the City having performed City's obligation hereunder, :the Surety may promptly remedy the default or shall promptly. (I) Camplete tfne 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 less 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, shalI 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. pB~-971.doc ** PB1 Page 1 This bond is intended to be in satisfaction of, and in addition to, the bond required pursuantto 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 consultants. 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 carrying out of the contract which the City may be required to make under the law by any reason of such failure or default of the Principal. Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents, servants, and employees from and against ali 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 herein or the employees, agents, administrators or successors of City. SIGNED AND SEALED this 2004" PRINCIPAL: GRAND RIVER CONSTRUCTION C0. Titl - (seal) Attest: ~ SURETY: ~.~ ~..--F~PLOYERS MUTUAL CASUALTY COMPANY ..~ t . ,~ (seal) Title: ATT0~EY-i~ACT 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 Page 2 PB1-971.doc PAYMENT BOND BONDi"NO. KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, GRAND RIVER CONSTRUCTION CO. I. Plinc~par s Name.) addressat P.O. BOX 1236~ GLENWOOD SPRINGS~ CO 81602 (Pnncipars Ad,~ress) S314635 having a legal business C01~.PORATION , as Principal, hereinafter called "Principal", and (Coq~oratJon. Partnership. o¢ irtdiwdual) EMPLOYERS MUTUAL CASUALTY COMPANY (~surety's Name) P.O. BOX 370010, DENVER, CO 80237-0010 , (~urety's'Ad~ress) a corporation organized under the laws of the State of IOWA , and qualified to transact business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule rnunicipali['y, as Obligee, hereinafter called "City", in the amount of: ONE HUNDRED SEVENTY TWO THOUSAND TWO HUNDRED FOUR AND 89/100 DOLLARS ($172,204.89). in lawful ~oney of the United States for Payment whereof PrinciPal and Surety bind themso{ves, their heirs, executors, administrators, successors and assigns, jointly and severaliy, firmly unto these present. M/HEREAS, Principal has by written agreement dated ,200__4, entered into a contract with Cityfor a project entitled: 2004-028 STREET IMPROVEHENTS in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants hereinafter defined, for all labor and matedal used or reasonably required for the use in the performance of the Contract, th~n this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal for labor, material, or both, used or reasonably required for the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable io the Contract. 2. The above-name Principal and Surety hereby jointly and severally agree with the City that every claimant as herein defined who has not been paid in full before the expiration of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed or materials were furnished by such claimant, may sue on this bond for use of such sums as may be justly due claimant, and have execution thereon. The City shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall commence hereunder by any claimant: (a) Unless claimant, other than one haVing a direct contract with the Prindpal shall have given written notice to any of the following: The Principal, the City, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or fqmished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work of tabor was done or performed. Such notice shall be ~ser~ed by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Colorado. YB1-971 .doc **YB1 Page: -j (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any [aw controlling -the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state of competent jurisdiction in and for the County of Pitkin, State of Colorado. 4. The amount of this Bond shall be reduced to the extent of any payment or payments made hereunder, inclusive of the payment by surety of liens or claims which may be filed of record against the improvement(s), whether or not claim for the amount of such lien be presented under and against this Bond. 5. This Bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 105, C.R.S., as amended. 6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose claim maybe unsatisfied. '" _ SIGNED AND SEALED this / ~ /~' day of ,/~'~ ; '~ ~ .... 20-04 ~ : PRINCIPAL: GRAND RI,.VER CONSTRUCTION CO. (seal) Attest: ~ SURETY' E~IPLOYER~ MUTUAT~ · TT_M0~HY j[. ¥~AN-CHAI~ Title: ATTORNEY-~ :~-FACT CASUALTY COMPANY , / , r /'" ' (seal) NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Partnership, all partners should execute Bond· YB1-971 ,doc **YBI Page: 2 MAINTENANCE BOND BOND NO. S314635 KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as GRAND RIVER CONSTRUCTION CO. Principal, Of P.O. BOX 1236, GLENWOOD SPRINGS, CO 81602 as hereinafter referred to as "Principal", and EMPLOYERS MUTUAL CASUALTY COMPANY a corporation organized under the laws of the State of IOWA _, 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: ONE HUNDRED SEVENTY TWO THOUSAND TWO HUNDRED FOUR AND 89/100 DOLLARS ..... Dollars ($ 172,204.89 .... ), lawful money of the United state§ of America, for the Payment uf 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 obligee dated 20 04 __, for furnishing all equipment, labor, tools and materials for: 2004-028 STREET IMPROVEMENTS in accordance with detailed plans and specifications on file in the office of the City Clerk of said City,-~C~-copy of which Contract is attached hereto 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 o? this Contract On the par[ of said Principal to be performed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen, Colorado, from all loss and damages to life or property suffered 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, carelessness, or misconduct in guarding and protecting same, or from any improper or defective equipment or materials used tn the work, or other damages, costs and expenses and set forth in such Contracts, then this obligation shall be void otherwise to remain in full force 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 insure it to be free from all 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 will keep and maintain the subject work without additional 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. rrntmntbnd.doc Page: I 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 /~/,¢ day of ,,,¢.,¢~¢,' ..... 2~. 04_ ~-; PRINCIPAL: GRAND RIVER CONSTRUCTION CO. · (seal) Attest:~ SURETY: ~E~ERS ~UTUAL~SUALTY COMPANY By: TIM~)THY [J .~ ~BLANCHAkRD Attest: Title: ATTORNEY~I~-FACT .., , (seal) (Accompany this bond with cerified copy of General Power of Attorney from the Surety Company to include the date of the bond.)