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HomeMy WebLinkAboutresolution.council.088-99 ,0 I RESOLUTION NO. '3'8 (SERIES OF 1999) A RESOLUTION GRANTING THE REMODELING CONTRACT TO NARBY CONSTRUCTION, INC., FOR THE CITY'S REMODELING PROJECT ON WATER TREATMENT FACILITY, EAST PLANT ROOF, 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 Narby Construction, Inc. at P. O. Box 12350, Aspen, Colorado 81611, a copy of which contract is annexed hereto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that the contract between the City of Aspen, Colorado, and Narby Construction, Inc., regarding the remodeling contract for Water Treatment Facility, East Plant Roof, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. ,"1' Dated: !/2m;M g- , 1999. Rach I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true . and accurate copy of that reso~ j!J1ted by the City Council of the City of Aspen, Colorado, at a meeting held '1JL1t.tV ..;-:;;-- , 1999. k-Jt~) tk Kathryn S. K?Jf1, City lerk r-.. . ',', g: \john\word\rero\narby _ const.doc ,~ I p.o. BOX 12350 ASPEN, COLORADO 81612 TEJ~ 970-544-9003 FAX970-544-0638 Company Setnp Information Pitkin ConnQ' Contractor's License # 3456 Federal Tax ID # 84-1382620 Colorado State Tax Tn # L-09-83792-000 Pitkin ConnQ' Sales Tax In # 35203 Liability and Worker's Compensation Insurance provided by: _Moody Valley Insur~ ~ Grand Junction. CO 815!!2. Phone 800-838-1983 Agent: Jamie Lummis ~ , I , , I"""'"' SEP-21-99 TUE 3:32 PM NARBY CONSTRUCTION FAX NO. 970 544 0638 P. 1 City of AspenIPitkin County Contractor License 1999 License Number: 3456 Permission is hereby given for: NARBY CONSTRUCTION & DESIGN PO BOX 7761 ASPEN CO 81612 to maintain and carry on the Contractor business of LTCOM for the term .beginning January 1, 1999, and ending December 31,1999, c-f~ifB 'ld' ~O~m -: l"~ lite Ul mg "JJ lCla ..', . '. ,- " ...". ,":" ';'.:/;" . .r("""'\ p.o. BOX 12?50 ASPEN. COLORADO 81612 TEL. 970-544-9()03 FAX 970-544-0638 Date 9-13-99 To: Scott Duyrea City Of Aspen Water Deparment RE: City of Aspen-Water Treatment Facility-East Plant Remodcl PROPOSAL: &thy. Construction proposes to provide labor. material and supen1sion to perform specified scope of work to erect trusses. install metal roof and soffitt for the sum of $120.000.00 Scope of Work Included in Proposal .Gen.erJlI Couditions: material storage, tool storage, shop drawings, project meetings, submittals. Lumber - ROllgh: Supply engineered wood trussees and all rough frame lumber per spec. I"i". Carpenter I ,ahor - ROI!gh: Install engineered wood trusses, roof sheeting and frame wood somtt per spec, .I:!.arilll:are - Rough: nails, anchors, All exterior application connectors/fasteners to be galvanized or better. . .Rililfin.g~ Supply and install standing seam sheet meta roofing and sheet metal somtt to match West building. .E.l.etld1:.aL Electrical work is not included in this proposal. lfit is found that some wiring is neccessary it will be per change order and entail extra charges. It does not appear to be neccessary at this time nor should such cost be significant. .fa.illting: D/N/l (Sheet metal roofing and fascia come pre painted. There is no other painting in spec). Skylights: Install existing skylights to new roof plane and install saddle flashing as per spec. RlmglLarul...Einiill. clean IIlr Clean exterior and interior and haul debris, o Thank You for ill opportunity to estimate your p~i'1.. Sincerely. J.qJw ...ili\cIlf:I ,('"'"'\, : , City of ASlJen - Water Treatment Facility - East Plant Roof Remodel (1) The City of Aspen is seeking qualified contractors to complete the roof remodel of the East Water Treatment Plant at the City Water Treatment facility at the top of Doolittle Drive in Aspen. The remodel will convert an existing flat roof to a trussed and sloped roof, similar to the West Plant roof which was recently completed. The City of Aspen wishes the remodel to be started immediately after a contractor has been chosen. (2) This contract covers replacement of existing East Plant roof as per plans drawn by KLP Engineers, Inc., which are included in bid package. (3) Contractors who wish to inspect building prior to bid submittal should contact Mark O'Meara at (970) 920-5112 or Scott Duryea at (970) 920-5123 to arrange a walk- through. (4) Billings shall be submitted monthly to: City of Aspen Water Department Attention: Mark O'Meara 130 South Galena Street Aspen, Colorado 81611. (5) MobilizationlDemobilization both initially and throughout the job must be included in the bid price. The City of Aspen will incur no travel time or expenses outside of what is stated, accounted for, and included in contractors bid. /'1"""'. (6) The bidder must supply (with bid) truss specifications by the manufacturer of all the trusses to be installed. Construction practices must be in accordance with truss notes and specifications written on plans. (7) Where pennits are necessary for commencement of the work, it is the responsibility of the contractor to obtain the pennits. (8) Completion of this contract must be on or before November 19, 1999. ~LpjJl-I ,. ~ r 7/ 1rl'J.' ~ CONTRACT FOR CONSTRUCTION (Time and Material) ,1' THIS AGREEMENT, made and entered into on September 21. 1999 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Narbv Construction. PO Box 12350. Aspen. CO 81612, 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: Water Treatment Facilitv. East Plant Roof Remodel, 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 Bid in accordance with the terms of said Invitation for Bids; and, I'i', , 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: 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 materials, supplies, tools, equipment, labor and other seNices necessary for the construction and completion of the Work described herein. r-. 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. The Owner shall pay Contractor in current funds for the Contractor's performance on a time and material basis, subject to the not to exceed amount set forth at section 5 hereof. The time and material charges shall be based upon Contractor's Time and Material Bid. 4. CCS-98l.doc Page 1 ..cee 5. 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 Twentv Thousand Dollars ($ 120.000.00 ) DOLLARS or as shown on the BID proposal. 6. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-1) 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. ~. ,r.. , 7. 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. 8. 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. 9. ~ 10. 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. 11. No waiver of default by either party of any terms, covenants OJ conditions hereof to be performed, kept and obseNed 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 obseNed by the other party. 12. 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. 13. 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. CC6.981.doc Page 2 "'''ee6 14. This Contract For Construction was reviewed and accepted through the mutual efforts of f" 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. 15. ,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. 16. The bidder must supply (with bid) truss specifications by the manufacturer of all the trusses to be installed. Construction practices must be in accordance with truss notes and specifications written on plans. 17. Where permits are necessary for commencement of the work, it is the responsibility of the contractor to obtain the permits. 18. Completion of this contract must be on or before November 19, 1999. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. r ^J;;p.>#A RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By:/"~/n~ City Attorney City Engineering Department ATTESTED BY: CONTRACTOR: /" 2 z-f( By: Title: o INVlJ/\ r-- 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. CC6-981 ,doc Page 3 ....cee ~ ,~ r" CERTIFICATE OF INCORPORATION (To.be completed if Contractor is a Corporation) STATE OF COUNTY OF ) ) SS. ) On this day of , 19_, before me appeared , to me personally known, who, being by me first duly sworn, did say that s/he is of 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: CC6-981.doc Page 4 ""ce6