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HomeMy WebLinkAboutresolution.council.092-04(Series of 2004) A RESOLUTION APPROVING A CONTRACT BETWEEN THE cITY OF ASPEN, COLORADO, AND ASPEN EARTHMOVING, LLC, SETTING FORTH THE TERMs AND CONDITIONS REGARDING WATER LINE CONSTRUCTION WO ON THE 900 BLOCK OF WEST FRANCIS ST~ET ~ AUTHORinG THE CITY ~NAGER TO EXECUTE SAD CONTR&CT WHEREAS, there has been submitted to the City Councii a contract between the City of Aspen, Colorado, and Aspen Earthmoving, LLC, 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 Aspen Earthmoving, LLC, regarding water line replacement on the 900 block of West Francis, 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. Dated: 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 Colorado, at a meeting held ~ '~t~ o~-°e>~2'/of the City of Aspen, '~ City Clerk CONTRACT FOR CONSTRUCTION ........... THE C~ OF AS~ (Short Form) THIS CONTRACT, made and entered into on September 27, 2004, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", andAspen Earthmoving, hereinafter called the "Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of prOject. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, 'transportation and anY other facilities needed therefore, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications; Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or prOposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- 08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefore and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed Twenty Six Thousand Four Hundred Twenty Nine ($26~429) DOLLARS or as shown on Exhibit "A". 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially co. mplete the same not later than , subject to such delays as are permissible under the "Extension of Time for Completion" section of this Contract. 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in connection with or arising out of the Project, and shall obtain periodic releases CC5-971 .doc Page: 1 10. Contractor's Failure to Perform. Sh6uld Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining' under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon oradjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 11. Extension 0f Timef0r cbmplefion.~ Tirn~ is ~fthe essence of this Contract and Contractor shall substantially complete the work during the time Provided for herein. However, the time during which C6i~ti~a~tor i~ d~l~iy6d~iri sfiid ~Ork by (a)the acts of City or its agents or employees or tti';o~e claiming under Contract with or permission from City, or (b) the acts of God Which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any stril~'~"bsyc(sttS Or obstructive actions by ' employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure 0f City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 12. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other material s for the Project, shall proceed to inspect the work site and all Visible conditions and ~hat if~ at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for' iii'this'con~ract or~ inherent in a work site located in the Rocky Mountains, Contractor Shall so notify City, and City shall at that time have the right and option to immediately canceI and terminate this Contract or to instruct Contractor to continue the work and add the additional amount CC5-971 .doc Page: 3 shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. WOrkmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers'Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FWE HUNDRED THOUSAND DOLLARS ($500,000~00) disease - policy limit, and FIVE HUNDRED THOUSANDD'OLLARS~'($5001000.00)disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 2. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000}000.00) aggregate. The policY shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of iriterests provision. 3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage ofnO~ less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. c. Except for any Professional Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every POlicy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through'any insurance pool of the City 0f Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall 'contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided by the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, ahd shall be CC5-971.doc ~' ~"~ - ' ~% Page: 5 "All operations and locations at which work in connection with the referenced project is done. "Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. e. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any' and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. f. City reserves the right to request and receive a certified copy of any Policy and any endorsement thereto. 16. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra work under Paragraph 8 above. If, hoWever, the estimated cost of replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in ParagraPh 14'above, City Shall hi~e the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 17. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: City of Aspen Water Department 130 South Galena Street Aspen, Colorado 81611 To Contractor: Aspen Earthmoving PO B6X 1090 Carbondale, CO 81623 subject to the right of either party to designate a different address for itself by notice similarly given. Any notiCe so given, delivered or made by United States mail, shall be CC5-971.doc Page: 7 22. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 23. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 24. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether Preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by mason of any default by the other shall prevent the exercise of such right while the defaulting party continues in default, and no waiver of any default Shall operate as a waiver of any other default or as a modification of this Contract. 25. Remedies Non-Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by laTM PrOvided Or permitted, but each shall be cumulative and shall be in addition to every other remedy. 26. Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 27. Attorneys' Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shaI1 be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. 28. Severability. Any provision in this Contract which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions °fthis Contract are declared to be severable. 29. Nondiscrimination. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, Sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Vier Nam era veteran. Such action shall include, but not'be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to CC5-971.doc Page: 9 ATTESTED BY: RECOMMENDED FOR APPROVAL: City Engineering Department CITY OF.~~, COL ORADO ,_j '' Title: _(~~ ~~// APPROVED AS TO FO~: By:~ .. · ........ ~'~~O~~ ATTESTED BY: / CONTRACTOR: Title: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a parmership, the Contract shall be signed by a Principal and indicate title. CC5-971.doc . Page: 11 EXHIBIT A To install approx: 60' of 6" DIP 8' deep, parallel to the existing 16" DIP in the middle of the 900 block of West Francis at the high point of said 16" line. Connect by way of two 6" hot taps to the existing 16" line. Re-connect three 1" services to the new 6" line. One 1" copper line will have to be extended and re routed under the 16" main. All taps and materials for the taps including saddles and corporation stops/valves will be provided by Aspen Water. Service lines will need to be exposed far enough to ensure that they are buried deep enough to prevent freezing. Replace or patch asphalt to the City of Aspen's engineering specifications. Compensation may not exceed $26,429 unless authorized by the City of Aspen. CC5-971 .doc Page: 13 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ) ) ss. county appeared _, 20 0~_., before me kno~zn, who. beinn hv ,-~-. ~.o,'~_ 01,"11 __, to me personally ,..,.. ~.,.-~ , ._ _- --~~°~duly' sworn, dido~aY that s/he is -t'seal -' and that the 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. · . ..... ",,,~ Address My commission expires: ~ . . . CC5-971.doc Page: 14