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HomeMy WebLinkAboutresolution.council.051-00 RESOLUTION NO. $ J Series of 2000 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 par/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 tlmt the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City ofAspen, Colorado, atameefingheld /~[ez~ ~ ~2000. Kathryn S. Koch, City Clerk PROCUR~rENT CONTRACT ROUTHgG S?.n~ AND CfiP.~CK LIST T,t~truetions: This £orm should be completed at each step of the procurement 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 requ/re competit/ve bids but require documentation of source seiection process. Contract~ over $10,000 require City Attorney and City M~-;ger approval. Competitive bidding process is required. Contract~ over $25,000 reqm~ City Council approval. ALL CONTRACTS Procurement Description: _2000 Street Improvements Project_ Proje~ ~. _2000-2~ Budget estimate: $623,000.00 Is proposed expend/ture approved in the Department's budget? ~ Yes / / No ~p. ]~in process for vendor selectiom The contract is a result of the competitive bid process, Dept. Head approval of propo~ah~ CONTRACTS OVER $2.000 AND UNDER $10.000 Contrnctor/Vendor Selectsd: / / / Dept. Head approval: / / / City Attorney review: / / / City Manager Approval: Original signed contract documents to Ci~ Cierk, Department and to Vendor/Contractor CONTRACTS OVER $10,000 04/10/00/ RFP or ITB Completed: / / / ~ng. Dept. Review: ! / /..P,2'P or ITB Reviewed by City Attorney:. 03/20/00/1= Advertisement ~ 04/03/00/ 2~ Advertisement (Attach Adveffcisement) 0~17/00/ Bid Openi~. (- . .,~ Contrsctor/Vendor Select. _~GRAND RIVER CONSTRUCTION 04/17/00/Dept. Head approvah 04/1900/Award letter sen~ Hand Delivered ~ 04/18/00/3 $iglle~ contracts returned by ve~idor/contracto~-~. / / Performance aud Payment Bonds received / / Cert/ficateofinsurancoroceived / / / F/nAnce Department Review: If Over $25,000, 04/18/00/ Prepare cover, memo and r'=solution for City Council Approval. ! / / City CouncilAppreval / / / Notice to Proceed Orig/nal signed contrect documents to City Clerk, Depamnent and Contractor/Vendor MEMORANDUM TO: Mayor and City Council Thru: Steve Barwick From: Jack Reid Date: May 2, 2000 Subject: Contract approval, GRAND RIVER CONSTRUCTION SUMMARY: Staff recommends approval of the contract with Grand River Construction to accomplish the 2000 Street Improvements Project. PREVIOUS COUNCIL ACTION: The Asset Planning Committee approved this project in the 2000 Asset Management Plan. City Council approved the 2000 Asset Management Plan in the 2000 Budget. CURRENT ISSUES: This contract is a result of the competitive bidding process. The award (at $541,215.50) however, is not to the Iow bidder. Elam Construction, the 2nd bidder, came n at $535,895.50. There was a difference of $5,320.37 (1%) between the 2 bids received. We have elected to aware the bid to Grand River Construction because we believe they will render a higher quality, longer lasting product which will result in a lower life-cycle cost. There are 2 factors contributing to the decision based on quality. First, Grand River bid the same asphalt product that they used last year on the Koch project. We would be guaranteed the exact same product that Koch chose to warrant for 15 years. Second, we believe that Grand River does a better job of installing the asphalt in the field. Since we are t~ying to lay 20 to 30 year asphalt, we feel that our best chance for success is to start with the highest possible quality, both product and installment, to keep the life-cycle cost as Iow as possible. The following are quotes from the bid document "Instructions to Bidders" to show Council on what cdteda we based our decision to award to the higher bidder. Article 4. "The City of Aspen reserves the right to reject any or all bids or accept what is, it its judgment, the best bid. Article 6, Section K, Subsection 4. ''The quality of perfomnance ot previous contracts or Construction;" FINANCIAL IMPLICATIONS: The 2000 Asset Management Plan contains the approved budget for this contract. PROPOSED MOTION: I move to approve Resolution # ~' / of 2000, on the Consent Calendar of Monday, CITY MANAGER COMMENTS: CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF (~o I ~?~--~ ~ ~ ) ) ss, COUNTY OF C~ ~-~4. ~ r,.( ) On this ~ day of ~ ¢~ , ~ , before me appeared ~ ~ ~ ~ ~, ¢,O~ ¢, . , to me personally.known, who, being~y me first ~ly ~worn, di~say th~s~ ~ ~ % ~ b ~ % of ~~ ~ ~OF--~ ~. ~ ~ and that:the S~ ~ffixed to said instrument is the corporate seal of said corporation, and that said instfum~w~ signed and sealed in behalf of said corporation by authority of its board of directors, aOd ~aid ~p~.~nt 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. Q Notary PubliL~)' ~c' Address My commission expires: OII f-~ I (") / 0C2-971.doc Page 4 **CC1 BOND NO. S8003693 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:/hat we, the undersigned, as, GRAND RIVER CONSTRUCTION COMPANY having a legal business addressat P.O. BOX 123~6~ GLENWOOD SPRINGS, CO 81602 , a CORPORATION as Principal, hereinafter called "PrinciPal", and WASHINGTON INTERNATIONAL INSURANCE COMPANY P,O. BOX 60130, GRAND.J___~.CT~O.N_~. CO 81506 a corporation organized under the laws of the State of ARIZONA , and qualified to b'ansact business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the Cb of Aspen, a Colorado home rule municipality, as Obiigee, hereinafter called "City", in the amount of: FIVE HUNDRED FORTY ONE THOUSAND TWO:HUNDRED', FIFTEEN DOLLARS & 50/100'--- (~541,215.50), in lav,,~i money of the United States for payment Whereof Princ{Pal 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 MAY 8 ,2000_, entered into a contract with City for 2000 Street Impmve~.entPmject (Protect 2000-23) 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 peded, and Jf Principal shall satis~, all claims and demands incurred under such Contract, and shall fully indemnity 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 CH ail outlay and expense which the City may incur Jn making good any default, then this obligation shall be void; otherwise it shall remain in full force and affect. 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: (1) Complete the 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 Sure'ty 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 [ess 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, shell 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. Pal -9903.d0c "~ Pa1 Page (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 orJginar Contract obligations. This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to 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 matedal 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 indemni~ and save harmless the City ~o the extent of any and aJJ 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, indemni~ and save harmless the City's officers, agents, eervan~;s, and employees from and against all 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 Bend 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 8TH __ day of F,_A¥ , ~_:~.000. PRINCIPAL: GRAND RIVER CONSTRUCTION COMPANY (seal) Title: SURETY: WASHINGTON INTERNATIONAL INSURANCE COMPANY (seal) DEBORAE K. WINN Title: ATTORNE¥-.IN-FACT NOTE: Accompany this bond with certified copy of General Power of A~rney from the Sure~j to include the date of the Dond. (Date of Bond must not be prior to date of Contrac[) If Principal is Partnership, al/partners should execute Bond. PB1-9903.dOC "PS'~ Par~e 2 BOND NO. S8003693 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, GRAND RIVER CONSTRUCTION COMF-~qY having a legal business addressat_ P.O. BOX 1236, GLENWOOD SPRINGS, CO 81602 ._, (Prin~i~'s a C01~ORATTON .... as Principal, hereinafter called "Principal", and WASHTNGTON INTBI~ATIONAL INSUI~L~CE COMPANY P.O. ]BOX 60130, G~D JUNCTION, CO 81506 a corporation organized under the laws of theState of ARIZONA , 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 municipality, as Obligee, hereinafter called "City", in the amount of: FIVE HUNDRED FORTY ONE THOUSAND TWO: HUNDRED FIFTEEN DOLLARS & 50/100 .... ($5~1,215.50), in iawfuJ money of the United States for payment whereof Principal and S'rety bind themselvee, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present. WHEREAS, Principal has by wdtten agreement dated .. Y,~Y 8 ,20 0._.0 entered into a contract with City f~r a project entitled: 2000 Street Improvements.. Proie....~._..(proiect No. 2000-23) 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 promptty make payment to al~ claimants hereinafter defined, for all labor and material used or reasonably required for the use in the performance of the Contract, then 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 c, ontract 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 matedal being construed to include that part crf water, gas, power, light, heat, oil, gasoline, telephone sen/ice or rental equipment directly applicable to 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 (g0) days after the date on which the last of such ~lairnant'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 su~; or action shall commence hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal shall have given wdttan 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 were or labor, or furnished 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 labor was done or performed. Such notice shall be served 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 YBt-9903.doc "YBI P~ge: 1 regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Co~orado. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, Jt being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period cf limitation permitted by such Jaw. (c) Other than in a state of competent jurisdiction in and for the County cf Pitkin, State of Colorado. 4. The amount of this Bond shal~ 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 cf such lien be presented under and against this Bond, 5. This Bond is intended to be in satisfaction of, and in addison to, the bond required pursuant to Section 38-26~ '~05, C.R.S., as amended. 6. No final settlement between the City and Principal shall abridge the right of any beneficial/hereunder, whose claim may be unsatisfied. SIGNED AND SEALED this 8TH _ day of MAY , ~ 20.00 PRINCIPAL: GRAND RIVER CONSTRUCTION COMPANY , (seal) By: ~ Attest: Title: .' ....... SURETY: WASHINGT.,O.N INTERNATIONAL INSURANCE COMPANY (seal) Title; ATTORNEY- IN-FACT NOTE: AcCompany this ;bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond. (Date ~f Bond must not be prior to date of Contract). I1' Principal is a Partnership, all partners should execute Bond. YB 1-9903.d(3c '"'YE 1 Page: 2 BOND NO. S8003693 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as .... G~TION COMPANY , of P.O. BOX 1236~ GLENWOOD SFRINGS, , as Principal, CO 81602 hereinafter r~f'~rrnd ~'~ mR "Principal", and WASHINGTON INTERNATIONAL INSURANCE COMFANY a corporation 0rg~hized,under the laws of the State of ARIZONA , 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; riVE HUNDRED FORTY ONE THOUSAND TWO 'HUNDRED~ FIFTEEN DOLLARS & _50/100 .... Dollars ($ 541~215.50 ), lawful money of the United States of America, for the Payment of 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 Con~act with the obligee dated MAY 8, 2000 ~ , for furnishing all equipment, labor, tools and materials fo~ 2000 Street/mDrovements Project (Proiect No. 2000-23) in accordance with detailed plans and specifications on file in the office of the C~ Clerk of said City, a 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 and b'uly perform all the covenants and conditions of this Contract on ~he 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, Colorade, from all loss and damages to I~fe 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 in the work, or other damages, costs and expanses and set forth Jn 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 frae from ali defects and in continuous good order and in a condition satisfactory to the Governing E~edy 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 er cost to the City of a period specified, and make such repairs or replacement of any defective construct[on as the City may deem necessary. The said Principal shalJ not be required to maintain any part of the improvement under this guarantee which, after its completion and acceptance shalJ have been removed or altered by the City or its agent. SIGNED AND SEALED this ..... ..8. T~ day of ~LA¥ , ~ 2000 PRINCIPAL! GRAND RIVER CONSTRUCTION COMPANY (seal) By: Attest: _ Title: SURE'fY: WASHINGTON INTERNATIONAL INSURANCE COMPANY (seal) I~EBORAH K. WINN Title: ATTORNEY-IN-FACT (Accompany this bond with certifie~t copy of General Power of Attorney from the Surety Company to include the date of the bond.) MB1-9903.doc "MBt Page: 2 WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOWALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoirit BARRY N. BLANCHARD, EILEEN A. BLANCHARD, T/MOTHY J. BLANCHARD, JOHN Mo DEER, AND SANDRA K. PIERCE EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which ara or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to a~l intents and purposes, as if the same has been duly executed and acknowledged by its President and / orits principal officers. This Power of Attorney shall be limited in amount to $7,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as fotlows: 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and authorize them to execute On behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and. to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordina~j course of busines~hall be valid and binding upon the Company. IN ~.~..~' ~ EOF, the Washington International insurance Company has caused this instrument to be signed and its corporate seal .~5 .b.'e.~.ffixed by tt;',~.~. [i_'zed officer, this 29th day of November, 1999. · < '.... ,,.,,.' ? ...,,..;· ,>derson, Sen,or , 'ce-Pres,dent STAT~E~IhblROIS) COUNTY OF DUPAGE) On 'this 29th day of November, 1999, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington Intemattonal Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN T5 ~TJ~,~.~F~v~nto set my hand and affixed my Official Seal, the day and year first above written. i OFFiClALSEAL r--,_ ' , NI3TARY' IHJ~.I¢, STATE OF ILLINON} ~; Yasmiry/,~y/Patel, Notary Public ' ~ MY COM~SSlON. E_X?~[~O~!~2 ~ My Co~'~ission Expire~ October 15, 2001 CER 1~E .... '' · STATE OF ILLINOIS) COUNTY OF DUPAGE) I~ the undersigned, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article l I I, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in fume, Signed and sealed in the County of Dupage. Dated the 8~H day of ~-¥ 2000 . Oa mes~d'. 6~'penter~ice-President ACORD~ CERTIFICATE OF LIABILITY INSURANC EA <MM'BD I , - o412o10o ~ ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Nei.l-Garing Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 201 Centennial Fourth Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glenwood Springs CO 81601 Phone: 970-945-9111 Fax: 970-945-2350 INSURERS AFFORDING COVERAGE ! rNSURER B: California Indemnity Grand River Construction Co. Gregg Rip~ P~O. Box ~z36 !iNEURERD: Glenwood Springs CO 81602 COVERAGES A X COMMERCIALGENERALLIABILI'i~ UAL204715212 04/01/00 04/01/01 FIREDAMAGE(Anyoneflre) $100~000 J CLAIMS MACE ~ OCCUR NED EXP (Any one person) $ 5,000 __ PERSONAL & ADV INJURY $1,000r000 GENERAL AGGREGATE $ 2,000,000 __ CYF JECT LOC A X ANYAUTO UCA704715221 04/01/00 04/01/01 (Eaaccide~t) $1,000t000 EXCESS LIABiLrTY EACH OCCURRENCE $ 3,000 r 000 __ C ~OCCUR ~] CLAIMS MADE XYZ74750274 04/01/00 04/01/01 AGGREGATE $3,000,000 WU STATU- WCREERS COMPENEATION ARC I TORV.MITSI B EMPLOYERS'LIABILITY C1064131A 04/01/00 04/01/01 E.L. EACH ACCIDENT $!00--000 E.L DISEASE ~ EA EMPLOYE i $100000 E.L DISEASE - POLICY LIMIT I $ 5 0 0 0 0 0 DESCRIPTION OF OPERATI ON S/LOCATION S/VEHIC LE~/EXC LU SIC NS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: 2000 Street Improvements #2000-23 - See attached additional clause CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LEI'i'ER: A__ CANCELLATION C "F TyO~'~2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Aspen NOTICETOTHECERTIFICATEHOLDERNAMEDTOTHELEFT. BUTFAILURETODOSOSHALL Jack Reid 130 South Galena IMPOSENOOBLIGATIONORLIABILJ'~OFANYKINOUPONTHEINSURER. iTEAGENTEOR REPRESENTATIVES. Aspen CO 81611 I Heidi Riqer ~/ ACORD 25~ (7/97) 4 ~ ©ACO~JCORPORATION ~988 In additi~m, ~ Cerflfica~s of hsuranc~ shalIimtatn the lbllowing clauses: Unde~nigrs and issues shall ha~ no right of rgo~r~ ~ subrogatio~ against Rte City of Aspca, it l~Ang t~c inamtion of 0ac panics that th~ insurance policies so effected shall protect all parties and he pdm~,y cov~age for any mad ~ loss~ covemt by the abeve-deSCr~fl imoranco. To m extmt timt th~ City's iasmr(s) may become liable for secondary c~ excess coverage, the Ci .fy% ~&~fitors and insurers shall have no ligat of reoavcW or subrogation against the Contractor. and Ls~u~Zs ~nl! hav6 Ho right of recovery or subrogatiorl agnln~ the City of Aspen. it being the intention of the parties that tho insorance policies so effected shall protgct all parlie$ and be primary coverage for any ami all losses covered by the abovo-described insurance. To the extent that the CiIYs insurers) may bec. omo liable for seeandary cr excess covc~gc, tl~ City's u~dcrwritcrs and insutWS ~h~n haw no right of r~covery or sul:rogation against t.t~e Conuac~r. The Lqsura~c~ companies issuing Rte poli~ or polici~ ~hall hnv~ nO g against the Ci~ of Aspen for payme, n t of any pre~,,mQ or for assessments linger ally form of laolicy, iRsuran ce _mm.,'~alics issuing th-' policy or policics shall bavo no fecour.se against tho CRy of Aspen f~ payment of an}' 10¢emJums or for a.~$sm~nts undcr any form of polio. F~OH : GRRND RIUER MRX NO. : ~70 94~ 1018 Rpr. 28 2000 11:14RH P4 A~y and all deductibles in the abov~l~scrib~d tnsuraOC~ policies ~all be sssumot by m~d be for the amount cfi, and at tho solo r~sk of thc Propoa:r.and all dodmaibles m tho abovo-desefibed . by and 1~: 1~ thc amonm of, and at tile solo risk of th~ Proposer; Loca6o~ of oi~ations ~all bo: 'All Ol~ations and Iocagons al which ~ in ~.mection wiO~ the projCc~ is dol~.,, "of ol~'ations shall I~: "All ~ons and locations at whlct~ work in com'~cfion with Ih~ aced project is dona" Ceetilicatcs of la.suranc~ for all rencnaral policies shall be delivered m thc Archilrct at lc~st ftf~ (15) days prior to a policy's ~xpimticn dat~ cxc~pt for any policy cxpiring on thc c:tpiratian dalC of this agreemont or thereaf~r. 5.3.6. Failor~ o~ tho Fart of tho Contrag~ to procure or maintai~ polices providing tho requxred coverage, conditions, and ~inimulri limits shall co~stitllt~ a m~tefial breacl~ of coatrl~, upoR which City llmy imraediat~ly terminat$ this contra~ c~ at x~, disc~t~ Crt7 may 9rocure ~ ~ any suC~ policy o~ any extended rqx~'tmg lymed the~.o and may pay shy and nil pr~niums in ctmnection therewith. All moac~s so paid by City ~baU be rqyaid by Conuactor to City upon demaacL or City ma7 offset thc cost of thc premiums against moneys duo to CoaWactor from City. ~ ,~ .~ c~iw tes~rvc~ the d~ht to requmt and fecr-~ivo a certified copy c~ ~mY P°UcY and any cuck~'se~nC~t theretO' 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, i~ 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: 2000 Street Improvements Project, 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, 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 services necessary for the construction and completion of 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 Five Hundred Forty-One Thousand, Two Hundred Fifteen DOLLARS and Fifty cents, ($541,215.50) DOLLARS Or as shown on the BID proposal. CC2~971.doc Page 1 **CC1 5. 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 h.ere. 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 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. Th'is 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 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 con~er 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 term's, 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 obse[ved by the other party. 11. 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. ; 12. 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. 13. 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 CC2-971.doc page 2 **CC1 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. 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: CITY OF~.~PEN, COLORADO RE~OVAL: APPROVED AS TO FORM: '~-'1:1~-'~lI]~ City Att/d'rn~/ ' ATTESTED BY: CONTRACTOR: By: Title: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Princi pal and indicate title. OO2-971.doc Page 3 ""CC1