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HomeMy WebLinkAboutresolution.council.049-00 RESOLUTION NO. 49 (SERIES OF 2000) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A DESIGN/BUILD CONTRACT BETWEEN THE CITY OF ASPEN AND RANDALL & BLAKE, INC. RBI, FOR THE COMPLETION OF THE COMMUNITY CAMPUS IMPROVEMENTS, 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 Randall & Blake. Inc. RBI, a copy of which contract is annexed hereto and part thereof. NOW, THEREFORE. 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 the contract between the City of Aspen, Colorado, and Randall & Blake, Inc. RB1, regarding the Part II Design/Build contract for the completion of the Community Campus Improvements. 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. Dated: ~ ,~4~ ,2000. I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resol3115pn~do_p_ted by the City Council of the City of Aspen, Colorado, at a meeting held (~(23-~ ~ ,2000. Kathryn S. K~fi, City Clerk PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procuremem process and should follow each request for review or approval. Contracts under $2.000 require only Department Head approval. Contracts over $2,000 require City Manager approval. They do not require competitive bids but require documentation of source selection process. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is required. Contracts over $25,000 require City Council approval. ALL CON'IRACTS Procurement Description: ~ Budget estrmate: $ Is proposed expenditure approved in the Department's budget? / / Yes /. ~ No Explani process for vendor selection: / Dept. Head approval of proposal: CONTRACTS OVER $2,000 AND UNDER $10,000 Contractor/Vendor Selected: -- ~/ Dept. Head approval: -- City Attorney review: / City Manager Approval: Original signed contract documents to City Clerk. Depamnent and to Vendor/Contractor CONTRACTS OVER $10~000 / / ,' RFP or ITB Completed: ~/~ 7--~-Eng. Dept. Review: ~ / / RFP or ITB Reviewed by City Attorney: / / 1s~ Advertisement t t / 2~ Advertisement (Attach Advertisement) / , / Bid Opening: Contractor/Vendor Selected: / / Dept. Head approval: / / / Award letter sent: / / / 3 signed contracts returned by vandur/contractor. / / Performance and Payment Bonds received /..~/ Certificate of insurance received ~ / / Finance Department Review: ff Over $25.000. / ! / Prepare cover memo and resolution for City Council Approval. / ! / City Attorney Review. /~ / / City Manager Approval: / _/ / City Council Approval / / ,/ Notice to Proceed Original signed contract documents to City Clerk, Department and Contractor/Vendur 0~/19/00 10:0~ N0.166 ~01 CITY OF ASPEN SUMMARY OF PARK IMPROVEMENTS COST ESTIMATES FOR YEAR 200i) WORK By RBI, dated April 19, 2000 Eel Park 4119100 4/19100 TOTAl. 1999 contract new 2000 1 MOORE PLAYING FIELDS 193,374 238,212 431,586 ~. SCHOOL CAMPUS 0 783,077 783,077 3 ROTARY PARK 0 490,151 490,151 4 ISELIN PARK 0 ~ 5__07.039 TOTAL 2,018,479 2,211,853 y;[USER~,~DiV~[¢URRENT~ASPENt'roTALSLIM, WI(4 PART TWO AGREEMENT FOR DESIGN/BUILD PROJECT THIS AGREEMENT, made and entered into on May 19th 2000, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Randall & Blade, Inc. (RBI),_hereinafter called the "Design/Builder". 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: School Track and Field, Iselin Park, Rotary Park, Moore Playing Fields and, WHEREAS, the Design/Builder, 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, WHEREASi 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 Design/Builder to be the most responsive proposer for the said Work and has duly awarded to the Design/Builder 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 Design/Builder shall commence and complete the Work as fully described in the Contract Documents. 2. The Design/Builder shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the Work described herein. 3. The Design/Builder 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 Design/Builder agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Two-million Two- hundred Eleven-thousand Eight-hundred Fifty- three ($2,21 '1,853). 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 Design/Builder 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 agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Design/Builder respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Design/Builder 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 Design/Builder 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 Design/Builder 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 Design/Builder, as an inducement to the City to execute this Part 2 Agreement, represents that he/she is an authorized representative of the Design/Builder 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: CITY OF.E_.ASPEN, COLORADO By: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ATTESTED BY: DESIGN/BUILDER: ~~/~.E~/...~/~ Title: ~,f.e- ~b¢~_¢. ,~.,~ Note: Cedification of Incorporation shall be executed if Design/Builder is a Corporation. If a pa~nership, the Agreement shall be signed by a Principal and indicate title. CERTIFICATE OF INCORPO~TION (To be completed if Design/Builder is a Corporation) STATE OF ~ ~ c,&~ ) ) ss. COUNTY OF ) On this %\ day of ~'~E%k~' ~ , I~ before me appeared ~¥~ '~, ~ o, ~' ,tome personally known, w~_o, bei~ by ~e first duly sworn, did say that s/he is ~,A~t '~ ~K~ and that the seal affixed to ~aid 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 "Myc0r~missionexpires: ~-~.~,, ~ ~'~ CLARIFICATION OF THE TERM "DESIGN/BUILD" tN THE CITY'S DESIGN/BUILD AGREEMENTS AND CONTRACT DOCUMENTS FROM: City of Aspen, Eng ineenng Department DATE: March 20, 2000 This document was issued to cladfy the requirements of the term "Design/Build" or "Design-Build" in the City's municipal contracting practices. Under this form of contracting practice the design-build firm has the following responsibilities: 1. To develop and deliver a complete set of technical design details, drawings, reports and specifications for review and approval by the City's sponsoring department and the Engineering department prior to construction or installation of any component of a design/build project. 2. To remove and dispose any component of a project installed or constructed prior to review and approval by the Engineering Department or it's consultant(s) through a formal submittal of a professional technical design, from the design/build firm. All rejected work or installation must be removed and disposed immediately at contractor's cost. DESIGN-BUILD-O0~