HomeMy WebLinkAboutresolution.council.026-10RESOLUTION # ~-~
(Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ASPEN DIGGER,INC. SETTING FORTH THE
TERMS AND CONDITIONS REGARDING JENNIE ADAIR WATER
SUPPLY PROJECT AND 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 Aspen Digger, Inc. 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 Digger, Inc
regarding Jennie Adair Water Supply Project, 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: ~~
~ /
Michael C. IrelanQ, 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 of the City of Aspen, Colorado, at a meeting held April
12th 2010
~~~~~.
Kat n S. Koch, City Clerk
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CONTRACT FOR CONSTRUCTION CerrraetSarea
THIS AGREEMENT, made and entered into on Ylonday. April !i. 20'(g, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and Asosn Dioaef. Inc. , hereinafter
called the "Contractor".
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; Jennie Adair Watsr Sugdv Protect, 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 temts of said Invkatlon 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:
The Contractor shall commence and complete the censtruction 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 constriction and completion of the Work described
herein.
3. The Contractor shall Commence the work required by the Contract Documents within
seven (7) canaecutlve calendar days after the date of "NOtlce 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 Two Hundred and T~
Thousand Twenttr Stx Dollars and Twortty Carta (;203 026.20 DOLLARS or as
shown on the BID proposal.
5. The tent "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Constructiaon (version GC97-2) and In the
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Special Conditions. The Contract Documents are included herein 6y this reference and
made a part hereof as ff fully set forth here.
8. 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 Contrail For
Construction shall be subject to the City of Aspen Procurement Cade, 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 C(ty of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the Cily of Aspen authorizing the Mayor or City
Manager (or a duly authorized offiaal 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
bintling upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contrector shall have the right to assign, trensfer 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 Clty may
assign this Contract For Construction In accordance with the specific written consent, any
rights to Balm 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 temps,
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, wvenants ar 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 Cobredo 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 or against ether party based on eny alleged unequal status of
the parties 1n the negotiation, review or drafting of this Contract For Construction.
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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 WHEREbF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATT TED BY:
RECOMMENDED FOR APPROVAL:
~ '~ _
City Engineering Department
CITY OF SPE ,COLORADO
Title:
APPROVED AS_ FORM:
~ City Attorney
ATTESTED 8Y:
CONTRACTOR:
sy: ~ T~~
Title: f RA1vL ~ S~roN6 ~ ~ '~R~s,oEnrr
Note: Certif~cat~n of Incorporation shall be executed K Contractor is a Corporation, If a
partnership, the Contract shall be signed by a Principal and indicate title.
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CERTIFICATE OF INCORPORATION
(To be completed ff Contractor IS a Corporation)
STATE OF ~'V9RffDO )
) SS.
COUNTY OF ~FtRF~(.k_D )
-i}, 20
On this 5 day of ~ ,~~~ , before me appeared
me first (idly swum, did say that slue is
to me personally known, who,
i _____ __ _---- of
r~src7y a~i[ayc7c, INC. and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said Instrument was signed
and sealed (n 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.
MAN31N ~
Sqb Of CObri10
My commission expires: ~ k7 2 2
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Address
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Certiftcation and Suuplemental Conditions to Contract for Services_
Conformance with 17.5101 et.s
~irpg~g. During the 200ti Colorado legislative session, the Legislature passed House Bill Oti-1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -
Publio Contracts for Services." This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an {llogal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The new law also
requires that all contracts for services include certain specific language as set forth in the statutes. This
Certification and Supplemental Conditions has been designed to wmply with the requirements of this
new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be
exewted by all persons having a public contract For services with the City of Aspen.
Definitions. The following tams are defined in the new law and by this reference are incorporated
heroin and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program^ means the basic pilot employment verification program exeated in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congess, as
amended, that is administered by the United States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
maybe called, between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"Services^ means the furnishing of labor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a specific end product other than reports that are merely incidental to the
required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract wiUt an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify
that it does not employ illegal aliens.
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The Public Contract for Services referenced below is hereby amended to include the following terms
and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall trot knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verify through paztlcipation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for 5erviccs,
Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in wtyting
verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Fedoral Basic Pilot Program and shall in writing verify same
every three (3) calendar months thereafter, until Contractor is accepted or the public contract for
services has been completed, whichever is earlier. T'he requiremrnts of this section shall not be
required or effective if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employmrnt
screening of job applicants while the Public L'ontntct for Services is being performed.
5. ]f Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the C{ty of Aspen within three days that Contractor has
actual knowledge that the subwntractor is employing or contracting with an illegal alien; and
(ii) Terminate tbe subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or contracting
with the illegal alien; except that Contractor shall not temtinate the Public Contract for Services with
the subcontractor if during such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor
and Employment made in the course of an investigation that the Colorado Departmrnt of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection & 17.5-
]02 (5), C.R_S.
7. !f Contractor violates any provision of the Public Contract for Services pertaining to the duties
imposed 6y Subsection 8-17.5-102, C.R.S. the City of Asprn may terminate the Public Contract for
Services. If the Public Contrast for Services is so terminated, Contractor shall be liable for actual and
consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
L7,5-]O2,C.R.S.
04/05/2010 01:44pm ASPEN DIGGER 9701049633
Public Contnu.K for Services:
Contractor: ~`~ /p' iG~;
Title: ~Rq `j,
N598 Page 03/03
JPW- saved: 9/4/2009-867-M:~city\cityatty~contract~formslcertification - hb-06-1343.doc
BID PROPOSAL FORM
Project No.
BID DATE:
2010-015
Mazch 15, 2010
PROJECT: Jennie Adair Water Su~Jpply Proje^ct
PROPOSAL SUBMITTED BY: AS~~t '/i
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The unde rsigned r esponsible bi dder de dares a nd s tipulates t hat t his pr oposal i s m ode i n 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 for 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 examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar
days from the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference
held by the Engineering Department, which also constitutes the Notice to Proceed. Submission of this proposal will
be taken by the City of Aspenasa bindingcovenantthatthe Contractor will finish construction within the time
specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the awazd on the basis of the bid deemed most favorable to the City, to
waive any informalities 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. A Il work not specifically set forth as a pay item in the bid form shall be considered a
subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for
the v azious i terns of work. P rites s hall i nclude a ll c osts i n c onnection with furnishing the proper and success
completion of t he w ork, i ncluding f urnishing a I] m aterials, a quipment and. tools, and performing all labor and
supervision to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. S uch work product must be removed immediately
and replaced properly at no cost to the City.
All qua ntities s tipulated in the bid form at unit pri ces az e appr oximate and are t o be us ed only as a ba sis f or
estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of
payment shall be the actual amount of materials furnished and work done. The Contractor agrees
to make no claims for damages, anticipated profit, or otherwise on account of any differences between the
amount of work actually performed and materials actually furnished and the estimated amount of work.
The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price
and up to plus or minus Twenty Five (25) Percent of the total bid.
1 hereby acknowledge receipt of ADDENDUM(s) numbered V through ~
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Contractor's Initials
ESTIMATED OUANTITYLIST
No. Item Quantity Unit Unit Price Extended
S ec Sec.
1 Construction Staking I LS / ~J2 ~~
C
106
2 Materials Testing 1 LS yp93
~
106 .
3 Removal of Curb and Gutter 120 LF ~ /~ 98~-
~
/
202 /
/
4 Removal of Asphalt (Milling 2" 788 SY
2
~
/9~~
3
202 Dee) -
.
5 Removal of Asphalt (Trench) 344 SY
38
6
2~~y
~z
202 . .
6 Removal of Concrete 84 SY
11
0
3
~
~2
zoz . .
.
.
0 Rock Excavation I DAY /~ /~
~ O
3
2 .
8 Grading and Sod/Seed Restoration 210 SY / ~ ~
(~ / ~~~ ~~
203
9
208 Silt Fence 132 LF
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10 Curb Sock (4") l8 EA
5
61
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208 . ,
I 1 Trench Patch Asphalt (5") 344 SY ~ ~ ~~ ~r-Y1 ~~
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401 ff
401 Asphalt Overlay (2") 788 SY /~ $~ ~ ~ ~~ s
604 4' Dia. Storm Manhole 4 EA ya3 y So
6 3 a'. o0
14
604 Diversion Structure 1 LS
/~ 2 5. ~0
15 Concrete Sidewalk 20 SY
~y /S
/ d 3
00
6os .
16
608 Colored Concrete Trail 64 SY
~6 yy
i2, ~~
17 Detectible Warning Ramp Embed 1 EA ) ~ C
`
~
608 7
O .
18 Curb and Gutter 120 LF Z / ~ ~ ~ /
609 b
19
626 Mobilization I LS
~-off
~ 0 Traffic Control 1 LS ,-/6 S ~~ ~Q
21 l8-Inch Class III RCP 570 LF
lSl
6Z
4G'
~3 ~2 3
z61o . .
22 I S-Inch RCP Single Miter Bend 1 EA ~ ~1 ~~
2610
23 Connect to Existing 2 EA
2610 1 /8, S 23~.(h~
24 Unclassified Excavation and Backfill 30 CY
3~
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2500 . ,
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Contractors Initials
Total (Bid Items 1 - 24) 203 026. ZO
Total Bid in Words: Two I-}tWp¢.¢o {1Np-(FI~fE T}{pksfl•NDjwr'N)-y SI 1( DL~LIAKS A7VD "TuIENTy CEn/TS
I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by
the owner.
Authorized Officer:
Full name signature:
Title: p(ES.r~~7
Company address: ~E~ ,~jrL_
r~0 ~5 soon s' ~Qv~nyC Cctr6on~,~r CO ~/~Z 3
Telephone number: a/~~ c/~3 21 S ~
Fax number: y~J ~Dy 8633
Attested by: ~ ~i k~Gf~~'
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Subcontractor & Material Sunnlier List
Name: `/w/11 (,0nSlr~cl,~0//r,, ,Phone#: ~~-9'13-Z39'`f
Address: tp~. c! )ok ~ 3 lt/aocl C(P/ ~ ~o%ru~o d/GS
Service or Product:
Name: r' ~ GeA
Phone #: 9~J- 9yS ~~'P'3
Address: SoZ~ lOvry~n~/~~// /Y~ ~~y tr/6n[,iaoK S~nny~t C~ g~~0~
Service orProl!duct: // /r(CaT2r~4,~S TeS~^~-
Name: ~~~/C l~u~rdUor-kS ,Phone#: rft'D~9tlD''~6/~
Address: SZ s /-~t~o ~t-.Le Cw6oao%~ C~ ~~~ 3
Service or Product:
Name: YOUr ~/aN ~a Te ~7 3 ~~bn S,i~Y ~/1 ~• ,Phone #:
Address: ~0• ~i /ox 6 ~cH1+o~ JrinG7iy~l r~i7 d~J~Z
Service or Product: Tla~Z Cvnlra~
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Contractor's Initials
Name: f'~//0/+7 ~tG~n ya~~eN ~°h ~fw-~~~
Address: 6~ s g Z $' yy R~aL Gra.k
ServicearProduct ~iLt'.hrr
Name: (rfWnpt,
Address: ~~
Service or Product: ltCf /'~/K ~ ~+Y'U6•~'t
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Phone #: f/9fl"zyy` ~`/~~
Phone #: 9~0 963' S 3~'
age 4
Contractor's Initials
AFFIDAVIT OF COMPLIANCE
PROJECT NUMBER: 2010-015
The unde rsigned c ontractor ha s r ead a copy of t he Contract Documents including the
construction plans, for this project and understands and hereby affirms that he/she does not now,
nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she
is under the Contract to the City of Aspen for the performance of a Contract. The undersigned
further a cknowledges he /she unde rstands a nd a grew t o a 11 t errrts and conditions of the Aspen
Municipal Code and its being part of the Contract with the City of Aspen.
fittest: 7-e%IiGG ~~%G~!si'~i~
Corporate Seal
Contractor
By: ~ T~~~
STATE OF COLORADO )
SS.
COUNTY ~ ARFI H-~ )
Before me MGL{q ~n ~. ~ .S~'p/1 e. , a notary public and for G~-f,~eid
County, Colorado personally appeared Fr6tvtz '~ S'~bn~, ~ known
to me personally to be the person(s) whose signature(s) in my presence this f5~`'
day of 1/~CI,I'G h , A.D. 2010.
My commission expires: /p// g/Z Dl2
(Seal)
MAI61N l STOME
NotMY PYONc
SUM W ColowOo
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