HomeMy WebLinkAboutresolution.council.091-00 RESOLUTION NO. 91
(SERIES OF 2000)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING
PART II OF THE DESIGN/BUILD CONTRACT BETWEEN THE CITY OF ASPEN AND
TEAM PAIN ENTERPRISES, INC., AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID DESIGN/BUILD CONTRACT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a Design/Build Contract
between the City of Aspen, Colorado and Team Pain Enterprises, Inc., a copy of which 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 Design/Build
Contract between the City of Aspen, Colorado, and Team Pain Enterprise, Inc., regarding the .
Rio Grande Skateboard Park, a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said De'sign/Build Contract on behalf of the
City of Aspen.
Dated: ~ ./'~ ,2000.
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and.accurate copy of that reso]j~4~n adopted by~ .the City Council of the City of Aspen,
Colorado, at a meeting held ~~ ~ ,2000.
Kathryn S. K~tn,' City Clerk
PART H AGREEMENT FOR DESIGN/BUILD PROJECT
THiS AGREEMENT, made and entered into on. 20 June 2000 , by and between the CITY
OF ASPEN, Colorado, hereinafter called the "City~, and Team Pain Enterprises, Inc. ,
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: Rio Grande Skateboard Park, 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 saic~ Invitation for Proposals; and,
WHEREAS, the City, in the manner prescribed by law, has~ publicly opened, examinee,
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 that it is in the City's
best interest to award to the Design/Builder this Part 2 Agreement therefore, for the sum or
sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Part 2 Agreement hereto
mentioned:
1. The Design/Builder shall Commence and complete the Work as fully described ~n
the Contract Documents.
2. The Design/Builder shall furnish all of theJ33ater4els, ~, tools, efluipmentT.
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 one hundred seventy-
nine thousand five hundred dollars [179,500) or as shown on the Proposal.
5. The term "Contract Documents" means and includes the documents listed in the
City of Aspen General Conditions for Part 2 Design/Build projects, the Special Conditions, if
any, and Design/Builder's Proposal. 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 oblrgations
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 r~ghts 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 prows~ons of this
Part 1 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.
ATTE)TED BY: CITY OF_ASPEN, COLORADO
Title: ~__.~T'~. ~'~,~~
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
/dity Eng~neerin~"'D~partm~nt Ci~'Att~rn-e~ ....
ATTESTED BY: DESIGN/BUILDER:
Note: Certification of Incorporation shall be executed if Design/Builder is a Corporation. If a
partnership, the Agreement shall be signed by a Principal and indicate title.
CERTIFICATE OF INCORPORATION
(To be completed if Design/Builder is a Corporation)
STATE OF ~L~-~ ~. .)
COUNTY OF SS.
On this ~'~'~ day of 'J ~--"-/' , ~ , before me appeared
\ I'~ ~ E-~ ~ , to me personally known, who,
be.i~ by me first/~july sworn_did say that.s/he is ~'
of
(~.'-~ ~__~ ~/~\~J ~_..~J~."-~'~Vp_.~ ~,c~.~ ~,x.~_ , 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.
~-'~c"C~'~t~ Address ~.~tt~=.¢,~ ~:~.~E.~Sc~ ~.
My commission expires: ~,=~_ ~. ¢_~. ~oo~ ~
CBIC
CONTRACTORS BONBING
AND INSURANCE COMPANY
MAINTENANCE BOND
Bond No. .GB3317
K~OW ALL MEN BY'tHESE PR~$Eb~$: That we. Team Pain Enterprises, Inc.
as Pdn¢ipak and CON~ACTO~ BOND~G ~D ~SU~CE COMPAq, a co~omtioa o~anized and
exis6ng under ~ Laws of ~e Stat~ of W~hington. 5~eu ~ hMd ~d ~ly bound unto
The City of ~pen Colorado
called the Oblige~, in the total s~ of 0ne-Hundred-Seventy-Nine-ThousandvFive_Hundred__~d__00/100
~2~.PPP' oo ........... _.) DQLL~..Mr ~fi payment of which, welt ~d ~ly to be made. the exe~tors.
mnmz~u ~o~, successors ~d a~lg~, j only ~a severally, fi~y by ~ese preens:
Rio Grande Skateboard Park, Aspen Colorado
NOW, TI-IEREFORF_ TH~ COlqDiTION OF TI-lIS OBLIGATION.tS SUCH, That if the P~in¢ival shall maintain
and remedy said work free from defects in lrmterials and workrrm~hip for a period of . year(s)
following completion, then this obligation shall be void; other~se it shall remain in full force and effec;.
Sigaed and scaled this 31st day of July;, 2000
Not Valid for Bonds Power of Attorney
Executed On or After: a~my 31sT, z00~ Number: ~x~s43
A valid original of this document must be printed on security paper with black, blue, and red ink, and must
bear the seal of Contractor~ Bonding and Insurance Company (the "CompanY"). Only an unaltered original
of this power of attorney is valid. If a photocopy, the word "VOID" should appear dearly in one or more
places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond
bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the
bond is executed on or before the date indicated above.
ALL MEN BY TI~RSE PRESENTS, that the Cc~pany does hereby make, consti~.ute
e~=e, ~=k~owIe~.and deliver on behalf o£ the Ccsapeny.. ~) ~: ,:,;.
, honcls and undertakings of suretyship given for any purpose, provi~d, '
that no such person shall be authorized to execute and deliver any
that shall obligate the Company for any portion of the
tl~ereof in excess of $6,000,000, and provided, further, that no
-i~-F. acn-sha~'l h=~e the authority to issue a bid or prop~sel:
re~l~,3,'J...red by an oblige~ undoz a =ontrac~
Thi~ ep~oiutment', is. ma&la under the authority of the Board of Direc~ors
CERTIHCATE
I, the undersigned secretary of Contractors Bonding and Insurance Company, a
Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full
force and effect and has not been revokid, and, furthermore, that the resolutions of the
Board of Directors set forth on the reverse are now in full force and effect.
,:::; Bond Number GB3317
Signed and sealed this 31st t/~y o~f/ July 2000
CBIC · 1213 Valley Street P.C~/l~ox9271 Seattle, WA98109~0271
(206) 622-7053 · (800) 765-CBIC (Toll Free) · (206) 38L9623 FAX
P~aLPOA.03-USl11599
CBIC tIome office:
CONTRACTORS BONDING 1213 Valley Street
AND INSURANCE CO1VIPAiNY ?.O. Box 927!
Seattle. WA 98109-0271
(206) 622-7063
PERFORMANCE BOND (8OO) -CB C
(206) 382-9623 FAX
Bond No.: GB 3317
KNOW ALL MEN BY THESE PRESENTS, That we, Team Pain Enterprises, Inc., called the Principal, and
CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporanun, called
the Surety, are held and firmly bound unto The City of Aspen Colorado
called the Owner, in the sum of One Hundred Seventy nine thousand five hundred Dollars-And 00/100 ($179,500.00)
for the payment whereof said Principal and Surety bind themselves firmly by these presents.
WHEREAS, the Principal has, by written Agreement, dated June 20.2000 antlered imo a contract with the Owner, for
Rio Grande Skateboard Park, Aspen Colorado
a copy of which is by reference made a part hereofi
NOW, THEREFOR.E, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform the
construction work required under the contract, and indemnify and save harmless the Owner from all damages which the Owner
may suffer by reason of thc failure ~o perform the conslxuction work, then this obligation shall be void; otherwise to remmn in
full force and effecx
Signed and sealed this 7~ day July, 2000
By:_
CONTRACTORS BONDING AND INSURANCE COMPANY
BndCPBO.01-USSO72491 William J. In~n~e,~oAl~ In-Fact
Not Valid for Bonds Power of Attorney
ExeCUted On or After: :~.c~a~a a~z~, 2oox Number: sgas~a
A valid original of this document must be printed on security paper with black, blue, and red ink, and must
bear the seal of Contractors Bonding and Insurance Company (the "Company"). Only an unaltered original
of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more
places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond
bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the
bond is executed on or before the date indicated above.
CERTIFICATE
I, the undersigned secretary of Contractors Bonding and Insurance Company, a
Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full
force and effect and has not been revoked, and, furthermore, that the resolutions of the
Board of Directors set forth on the reverse are now in full force and effect.
...... Bond Number GB 3317
' ' ' ,.:' CB]lC · 1213 Valley Street E x9271 Seatrle, WA 98109-0271
~' (:206) 622-7053, (800) 765-CBIC (Toll Free) · (206) 382-9623 FAX
PoaLPOA.O3-U$1115 9 9
Payment Bond
BondNumber: GB 33!7
KNOW ALL PERSONS BY TI-IESE PRESENTS. That we Team Pain Enterprises, Inc., Winter Springs, Florida ealled the
Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation, called the Surety,
ere hold and firmly bound unto City of Aspen Colorado called the Obligoo,
in the sum of One hundred seventy nine thousand five hundred-dollars-And-00/100 ($179,500.00) for the payment whereof
said Principal and Surety bind themselves fumly by these presents.
WHEREAS, the Principal has entered into a contract with the Obligee, date June,20~,2000
For Rio Grande Skateboard Park, Aspen, Colorado
The Contract is referred to herein for the limited purpose of defiinng the construction world m be perfonned, and its terms are
not inenrporated herein.
NOW, THEREFORE. the condition of tiffs obligation is such that if the Principal shall promptly make payment to all Claimants
as hereinafter define6, for all labor and material used, consumed and incorporated in the performance of the construction work to
be performed under the Contract, then this obligation shall be void; otherwise to remain in full force and effect, subject,
however, to the following eonditiuns:
I Claimant is defined as one having both: (a) a con~act with the l~rinctpal or with a direct subcontractor of the principal for
labor, material, or both, used in the performance of the Con~act; and Ih) an enforceable lien on the property L, rrproved under the
Contract for labor, material, or both, used in the performance of the Con,tact.
2. The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every Clatrnant as herein
defined who has not been paid in full before the expiration of a period of ninety (90) days after the later of (a) the date on
which the last of such claimant's work or labor was done or performed or materials were furnished by such claimant, or (b)
the date tho Claimant filed an enforceable lien, may sue on this bond for the use of such claimant, prosecute the suit to final
judgment for the value of the labor, materials, or both supplied by the Claimant, and have exeantiun thereon. The Obligee
shall not be liable for the payment of any costs or expenses of any such su/t.
3. No suit or action shall be commenced herennder by any Claimant:
aj After the expiration of one (1) year after the day on which the Clairaant could first institute suit as provided in paragraph
2, prov/ded, however, that if this limitation is void or prohibited by law, then the mmimem period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applieshle; and
b) Other than in a state court of competent jurisdietiun in and for the county or other political subdivision of the state in which
the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any
part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. The
Surety's l/ability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein.
Signed and sealed this 20t~ day June,2000
INs a, 4c
LIMITED POWER OF ATTORNEY
Not Valid for Bonds Power of Attorney
Executed On or After: ~e.~m~ ax~, 200~ Number: s98s~7
A v~d o~n~ of ~s docent m~t be p~ted on se~ pap~ ~th bla~, blue, and red ink, ~d m~st
~ar the seal of Con~a~ors Bon~g and Im~ce Company (the "Company"). Only an unaltered o~
of t~s power of aRom~ is v~d. If a photocop~ ~e word "VOID" shoed appear dearly in one or more
places. ~is Power of A~om~ is valid sol~y ~ come,on ~ the exe~on ~d de~v~ of the bond
bea~g ~e nmber ~cat~ below, prodded ~e bond is of the ~e ~dicated below, and is v~id only if the
bond is ~e~t~ on or before the date in~ted above.
CERTIHCATE
I, the undersigned secretary of Contractors Bonding and Insurance Company, a
Washington corporation, DO HEREBY CERTIFY that this'Power of Attorney remains in full
force ~ind effect and has not been revoked, and, furthermore, that the resolutions of the
Board of Directors set forth on the reverse are now in full force and effect.
, , Bond Number c.~'~ ~ 7
: ' Signed and sealed this 71-b , .I,~ 1 y 2f~O0 ·
','
T-~' [ _l~_l~,~'~d ~f~4~J[: · ' ' Kevin L. Lybeck,' Secretary
' ' : ' '' CBIC 1213ValleyStteeteEC(/Box9271.Seattle, WA98109-0271
"' .... , (206) 622-7053 · (800) 765.CBIC (Toll Free) · (206) 382-9623 FAX
" PoaLPOA.03-US111599