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Home My WebLink Aboutresolution.council.066-01 RESOLUTION # Cd.o - (Series of 2001) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION, INC., SETTING FORTH THE TERMS AND CONDITIONS REGARDING AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Gould Construction, for the construction of Castle Creek Pedestrian Bridge, 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 Gould Construction regarding the construction of the Castle Creek Bridge for the City of Aspen 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, ~ /I) ~/ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolutio opted by the City Council of the city of Aspen, Colorado, at a meeting hel /, , ;2001. .~~&. Kath S. och, City. CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on OF ASPEN, Colorado, hereinafter called the hereinafter called the "Contractor". June 6, 2001 ,by and between the CITY "City", and Gould Construction, Inc.. 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: Castle Creek Pedestrian Brid~e , 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: i. 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 thirty (30) 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 Four hundred thirteen thousand nine hundred ei~hty nine dollars and fifty cents ($413,989.50) DOLLARS or as shown on the BID proposal. 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 CC1-971.doc Page 1 *"CC1 Special Conditions. 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 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. 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 oflhe 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 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. 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 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 presumption shall arise for oragainst either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CC1-S71.doc Pase 2 *"CC1 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:. ~.24~ CIT#N' COLORADO By: (.,L~ Title: C ."f,7 /7 ~.e.... RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: ~/n.at=:- City Attorney ~-.~ ~~ .P City Engineering epartment .~ 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 Principal and indicate title. CC1-971.doc Page 3 **CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ~LJ:')~ ) ~6fj/ )SS. COUNTY OF . .. ..) On this ~ay of _k,/,~ ~ ,20d, before me appeared n, who, of i..lL... , 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. ~. /~~ , ~::... ~ y.~ . ~~ltOlv- otary Pu . -._..~- MyC;~rea My commission expir"'''. . 0.2.. \CJ2.~ r~a: tttv~J R~I.l ~,~ Addres ~ Steoo \ CC1-971.doc Page 4 "CC1 _ 0.6/05/01 09: 35 FAX 970 945 6371 GOULD CONST 14J002 . '''.,..,.-'......<:.>......... --_.- - - . '''~,~- ....~ , ADDENDUM #1 CASTLE CREEK PEDESTRIAN BRIDGE May 25, 2001 The following add$ to, supplements, ;uneu.ds and clarifies by way of explanation portions of the Bid Documeuts and Construction Speclflcations for the City of Aspen Castle Creek Pedestrian Bridge Project. 1. The Contractor IIlust complete the revised en!l1osed fee proposal forms and include with their proposal submittal. . 2. Refer to the Special Conditions - PART ONE, paragraph 2.0 CONTRACT TIME: Delete this paragraph and replace with: "A wrtttell,Notice of Award will be issued by tho City on Friday lune 1st and the Contractor shall-pick Up three (3) sets of the blank Contract Documents on: the same day and execute all neeesslll'Y pages of the contracts and their required documents and submittals, and .de-liver them. to the Parks. Department by 2:00 p.m., June 8th and shall start the Work within thirty (30) consecutive calendar days of the date of the Bid Award by the City Council and after attending the Pre-Construction Conference (Notice to Proceed). The City of Aspen has set the date for.the Pre.Construction Conference on June 12th, 2001, llam at the Parks Office" . 3. Refer to the Special Conditions. PART ONE, paragraph 2.03: Delete :lirst sentence and replace with: All Work shall be one hundred percent (100%) complete for this project on or before September 30th, 2001. 4. Add. to the general notes on drawings the following: The City .of Aspen Parks Department will supply embankment material as requested to the job site a:a.d place in locations desigllated by the contractor. The contractor will be responsible for any relocation and placement of the embankment material. - ~4~1 -CD ~ 06/05/01 . .09: 36 FAX 970 945 8371 GOULD CONST 141004 l.'l'-lt .c.",.c.~~J. c::,."'+.::.rn I""'Hr:::l'\.::;l ,&..ll;,.r-'l I'tV...>.LC- r..o BID PROPOSAL FORM PROJECT NO. ; 2001-029 BID DATE: &1 ~.2/X)! . PROJECT: (1~ ?_~~.4J~ic9c(. PROPOSAL SUBMITTED BY: 6/)1/9 C;v.sri2UC:I'/arJ ~ , CONl'MCTOR. CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsibla bidder. declare$ and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement far bid. the invitation to bid and request for bid. all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and eY""";T1ed prior to signature. The bidder agr<:l<:lS to keep this bid open for Sixty (60) consecutive calelldar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-eonsttuc.tion conference held by the Puks Department, which also constitutes the Noticr; to Procer;d. Submission of this proposal will be taken by the City of Aspen. as a binding covenant that the Contractor will finish const1'Uction within the time specified in the Special Conditions ofthls contract document. The City of Aspen reserves the rlghtto make the awain on the basis of the bid deemed most favorable to the City, to waive any infonnalities or to reject any or all bids. The City hall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project All 'Work not specifically set forth as a pay item in the bid form shaU be considered a SUbsidiary obligation of the Contractor and all coStllin connection therewith shall be included in the prices bid for the various it<:lms of work. Prices shall include all costs in connection with fumillhing the proper and success completion of the work, including fiD::!'I;,.n;T1e all materials, equipment and tools, and performing all labor mli supervision to :fully complete the work to the City's satisfaction. Poor quality and worlm1"T1"h;p BhaI1 not be paid for by the City. Such work product must be removed immediately md replaced properly at no cost to the City. All quantities stipulated in the bili form at unit prices are approximate and are to be used oIlly as a basis far estimating the probable cost of work and for the puxpose of comparing the bids submitted to the City, The basis of payment shall be the actual amolIllt ofmaterialsfilr.lli.s1l.ed and work done, The Contractor agrees BP1.971.doc "SP1 page 1 -?":IL Contraetor's InItIals f.I / rJ~:j~ I 06/05/01 09:35 FAX 970 945 8371 - GOULD CONST M~'(. C::;) _ .c:::::~l:::Il .c:::::t 4c:J'1'r r"J-lt'l:I".O L.J1i:.r-r 141003 to make 110 claims for damages, anticipated profit, or otherwise on accoimt of any differences between rhe amount of work actually per.fonned and materials actually furnished and the estilllated amount ofW01'k. The City resetVes the right to increase or decrease the amoUTtt of work to bo done on the basis of the bid unit price and up to plus or minus Twenty Ftve (25) Percent ofthc total bid. r hereby acknOWledge receipt of ADDENDUM(s) numbered J..J.,. J through U~. / . ESTIMATED OUANTITY LIST Item# Bid Item Description Estimated Units of Bid Price Qty Measure 201.00000 C~G AND GRUBBING 1.00 LS 202-00203 ~OV AI. OF CURB AND GU'ITER 33.00 LF 202-00220 REMOVAL OF ASPHAl.TMAT 350.00 SY 202-04000 PLUG STRUCnJRE 2.00 EACH 203-00060 EMBANXMENT MAT&RIAL 6,205.00 CY (COMPLBTE IN PLACE) 203-00062 ~MATERIAL (CIP) . 950.00 CY (sPECIAl.) 203-00100 MUCK EXCAVATIOjll 480.00 CY 203-01597 POTHOLING 8.00 HOtJR 207-00205 TOPSOIL (pLACE om Y) 1,020.00 CY 208-00010 BROSION'BALBS 10.00 BACH 210-00815 RESET SIGN PANEL 2.00 EACH 210-04020 MODIFY INLET 1.00 , BA 504.04100 MECHANICALLY STJ.RTTT71>I) 1,7iJO.00 SF EARTH WALL (ABm.'MENT) 504-04100 MECHANICALLY STABn.IZBD 1,458 SF EARTH WALL (SITE WAlL) 8F1-871.doo '81"1 ESTIMATED QUANTITY LIST Total Cost Poge 2 -r-=r-l- :i;;70/a~ /2:4sl2.a CY ../1 ~. &) . 44tJ{),1Ji) LF ;7~.m .~~/~IJ{) BACH. / /~ -;/J. tYJ' Sot). v() 3.t1/AO.IJO S/'/J.!J[) .z()I/)(~ ., 2:6-'00 I-"5,aW:1'5tJ.OQ ;: //Jd) ~iJIJ //J/)/). /J() ~<20 ~tJ~4. /~""/)I)a; ".?PUl.br; , -?" .. . "1 J) ~ I' '-?I:.'.J'";" "I? / ) -/",";/1, "':::l'/'{.li JIJ.lYYJj}. A /)/Y).I1D LS 1.40 ;1~.11 40 /h),--IJ(. LS . li!::;nrVJl . /.:iqyJ/V HOUR' ., _.-.lV\ .:;;, /_?~ ,,'" . ~:5.~ ~.1 I L.V DAY .~~ -,(;iJ j/ '2I1A'/JO j "1"54 t)) -72 (). ~() /Z~, tJO 5..evJ. IX> 7.d./)./JD 5'O-X) /)/) _, A/Y//-, /~A ~./VVlj~ I /.2.&:; /)!) tJo,tLJ 9~ IJl) . 5.5:1JO ~,/J1) "?':s:/r, _.~A/ht ~A/Yl/vi Total Bid in Numbers: / (I):Bro~ rQ.j)lIlcldd -fAt Cl~ DPA:sp&J 14~. 06/05/01 09~6 FAX 97q 945 8371 GOULD CONST ..IHT.c:.~.QdI!l.1 t:::;o:,j,t:::r",", r-HK"'~ U~l . 1.\ 504-08000 BOtlLDER WALL C i I 601-03030 BlUDGE CONClUlTE SF 603- 18 INCH HOPE 603-05018 !SINCH HDPB END SECTION 603-50005 6 mC8: PLASTIC PIPE LF 603.50008 8 INCH PLASTIC PlPE LF 604-19000 INLET (SPECIAL) (SET GRATIl &; liOOD) 604.19000 lNLBT SPECIAL (AORID~ 609-21020 CURB AND GUT'I'BR TYPE 2 (SECTION IT-B) 619-00002 WATBP.SEltVICE EA BA LF EA 619-00010 INSTALL WATBR UNE IN SLEEVE LS 625-00000 CONSTRUCTION stJRVBYlNG FA 626-00000 MOBlLIZATION 628-00000 PEDESTR:W\f BRIDGE-WOOD S'm.UCTIJRB 630-00000 FLAGGING 630,.00002 TRAFFIC CO:N'I'ROL StlPEll.VISOR 630-00007 'I'RAFFIC CONTROL INSPECTION 14.00 DAY 630,.80341 CONS'm.UCTION TRA!lFIC SIGN (PANEL SIZE A) 630-80342 CONSTR.UcrrON T.RA:PF!C SIGN (l'ANBL SIZE:El) 630.80360 DRUM c::a:ANNEU.ZATION DEVICE 8.00 BACH 14.00 EACH 10.00 EACH 630-80363 DRUM ~TrONnEVICE (WITH LIGHT. FLASHING) 630-80370 CONCRETBBAlUU:n (1EMPORARY) 700-70010 FfAMINOR~~ REVISIONS 4.00 EACH 200.00 LF 20,000,00 FA 700-70035 PIA U'l'IUTIBS-ALLOWANQB 5,000,00 FA SI'1-971.doc 'SI'1 , X~,N) 141005 1'Il....I. ::>:1.0::::: t"".::> 41~49J;Z; Page 3 ""'-L- Contractor's IT'litiale e/d5'jol