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HomeMy WebLinkAboutresolution.council.033-11 RESOLUTION NO. Series of 2011 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 part 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 execut tract on behalf of the City of Aspen. Dated: Aca 201 1 Michael C. Ireland 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 __!_I � 2011 mil'/ Kathryn S. K SOrt}leteC_ y Clerk PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form 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 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 CONTRACTS Procurement Description: 2011 Street Improvements Proiect Project #:2011 -020 Budget estimate: $389,780.00 Is proposed expenditure approved in the Department's budget ? /XXX/ Yes / / No 9 Explain process for vendor selection: The contract is a result of an agreement with the City of Aspen and the 2010 awarded Contractor that will be • erformin• the 2010 asphalt im • rovement .ro'ect in the fall of this ear because of schedulint dela s •os .oned the proiect last vear, The 2010 awarded contractor is agreeing to perform the 2011 asphalt work for the same cost as they auoted for the 2010 work. There will be a 1,2% overall increase in the contract cost due to bid tab items that are out of the control of the awarded 2010 contractor, because of sub contractor cost increases. By having this contractor performing this year's work along with the 2010 work, the City of Aspen will have No increase in oil costs or have No additional Mobilization costs, and the impact to the residents will be reduced with the one contractor performing the work. 4 / 19 /11 / Dept. Head approval of proposal: �.p —L CONTRACTS OVER S2.000 AND UNDER $10.000 ContractorNendor Selected: / / / Dept. Head approval: / / / City Attorney review: / / City Manager Approval: Original signed contract documents to City Clerk, Department and to Vendor /Contractor J CONTRACTS OVER $10.000 '�// fi/ /RFP or ITB Completed: 9/ t / / / Eng. Dept. Review: / / / RFP or ITB Reviewed by City Attorney: / / / 1" Advertisement ` / / / 2n Advertisement (Attach Advertisement) / / / / Bid Opening: v /} ContractorNendor Selected: GRAND RIVER CONSTRUCTION • C.fl //brDept. Head approval: e `" % aid letter sent: H: . c eli - • � bind contracts retumed by vent or /contractor. _/ / / Performance and Payment Bonds received / / / Certificate of insurance received M/ / / / Finance Department Review: If 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 ContractorNendor Instructions for Procurement Contract Routing Slip and Check List ih- Ctty of L.y.0 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, 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: 2011 Street Improvements Project (Project # 2011 -020). 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 Three Hundred Sixty Eight Thousand Two Hundred Twenty One Dollars and Forty Eight Cents($368,221.48) 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 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 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 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 or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CC2- 971 .doc Page 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. ATT BY: OF ORA By: Title: Ctrl MGV 1 RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: • �► - - - - - .. 411P By: ,,a City eet 1�•i;rtment ` ney ATTESTED BY: CONTRACTOR: e r (e Ks L By: F, ZS; L ` , r 7 4 r Title: VI 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. CC2- 971 .doc Page 3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF (0l0rc-0%e ) ) SS. COUNTY OF cr-tr i:R I ) On this 2 day of 4, r. ( , 20 )1 , before me appeared E 30 (~ti i.� Y � to me personally known, who, be' g by me first duly worn, did say that s /he is ✓ n C.,Q. T r04.,, JCNt of Nom,.,) R, i 0 t r Centel. . 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. M THO „e Notary Public �? 0 PUBLIO :O * Si.... ..*:, ,F &AO /3er rh. uw#rdTT Ater &temVast cpyS 4'Z' V&'/ Address My commission expires: z -zg ,. , - +073 CC2- 971.doc Page 4 * *CC1 Certification and Supplemental Conditions to Contract for Services - Conformance with &8- 17.5.101, et seq. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06 -1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens — Public 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 illegal 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 comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, 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 may be 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 with 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. 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 not 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 participation 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 Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal 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. The requirements 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 - employment screening of job applicants while the Public Contract for Services is being performed. 5. If 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 City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the 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 terminate 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 Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8 -17.5- 102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8- 17.5 -102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract 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- 17.5 -102, C.R.S. Public Contract for Services: 46 L I Tc. L, r e G Contractor: C rt. , n t o e i l .o N61 • By: C. .7),9 r tje y Title: U, pi JPW- saved: 3/4/ 2009 - 867 -M:\ city \cityatty \contract \forms \certification - hb- 06- 1343.doc APPENDIX A Required mixture design requirements Grading SX Target Sieve Gradation Specification Size (Percent Passing) 100 3/8" 84 78 -90 55 50 -60 #8 42 37 -47 #16 32 #30 23 19 -27 #50 14 #100 9 #200 5.9 3.9 -7.9 Grading F Target Sieve Gradation Specification Size (Percent Passing) 100 3/8" 98 92 -100 #4 73 • 68 -78 #8 57 52 -62 #16 40 #30 27 23 -31 #50 16 #100 8 #200 4.6 2.6 -6.6 BRANCH SECTION # SIZE NAME STREET FROM: - TO: SQ. YD * * MRC Marron Cr.RD. Roundabout to Lower school RD. 1.5" MRC Marron Cr.RD. Thru lower school rd. To Moore DR. 1.5" MRC Marron Cr.RD. Moore DR. To City Limit Sign. 1.5" PS PUPPY SMITH ST. 1- N. MILL ST. - CLARK MARKET DR. 1.5" PS PUPPY SMITH ST. 3 - BACK POST OFFICE DR. - ACES Parking 1.5" RFD ROARING FORK DR HWY 82 TO NORTHWAY DR 1.5" RFD ROARING FORK DR NORTHWAY DR To West View DR. 1.5" EWD East Wood DR. West View DR. To Roaring Fork Dr. 1.5" S -AP S. ASPEN ST. 1 - MAIN ST. - DURANT AVE. 1.5" NWA North Way Drive Roaring Fork Dr. To End 1.5" HSD Human Service Dr. Hospital RD, To Doolittle DR 1.5" PC Park Circle. Spruce St. To Browns LN, 1.5" Private Marolt Road Castle Creek RD, To Parking Lot entrance 2" AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2011 -020 The undersigned contractor has read a copy of the 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 acknowledges he /she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: l Corporate Seal crC^ -C/ et� / e/ 0.0(45 /' Contractor By: i '/ t Jb G .. 'fry STATE OF COLORADO ) ) SS. • COUNTY 4Z t,etp ) , Before me ,.5 .94- Tongs , a notary public and for gamF/E't.a County, Colorado personally appeared E, , o ,,,v /2o known to me personally to be the person(s) whose signature(s) in my presence this 2.7.4 day of ,44p2-1 L. , A.D. 2011 . My commission expires: Z - Lfs _ Lo, r (Seal) M T 7(\e-, - '• •F !O Notary Public pOTAN 1 P UBLIC O ite toe OFCO AC1- 9812.doc AC1- 2011 -020 *AC1 LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME 2011 Street Improvement Project Project No. 2011 -020 The undersigned contractor declares his/her full awareness of the content and terms of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he /she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate of $400.00 per calendar day. This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: \\ f Corporate Seal /� A�� Ani(i��z Cra.n.cl Et, c✓ (owsd - uU Contractor r By: f Li L •J. L. e ery STATE OF COLORADO ) /J SS. COUNTY 6%aF/tt7 -• ) Before me n , a notary public and for r rrr.c County, Colorado personally appeared & ._%nv £2£PP+ known to me personally to be the person(s) whose signature(s) in my presence this Z day of , A.D. 2011. My commission expires: Z - ZF -Z+o /. ( Seal) ,ts ,l14 ; Thp Notary Public NOTAR aX•• PUBLIC .'O� „ LD1- 2011- 02odoc 9 r� • • , .