HomeMy WebLinkAboutresolution.council.036-19 RESOLUTION # 36
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ASPEN DIGGER INCORPORATED AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
Spring and Main Street Intersection Improvements Project between the City of
Aspen and Aspen Digger, Inc., a true and accurate copy of which is attached
hereto as Attachment "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the contract for
Spring and Main Street Intersection Improvements Project, between the City of
Aspen and Aspen Digger, Inc., a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of�the City of
Aspen on the 25th day of March 2019.
teven Ska r , ayor
I, Linda Manning, 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, March 25, 2019.
'06
Linda Manning, C ty Clerk
BID PROPOSAL FORM
PROJECT NO.:
BID DATE:
PROJECT:
PROPOSAL SUBMITTED BY: A5 F'E t l -Q'1C*4ER-, 10s.
CONTRACTOR
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares 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 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 dans 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 Aspen as a binding covenant
that the 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 award 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 shall 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 shall be considered a subsidiary obligation of the Contractor and all costs in
connection therewith shall be included in the prices bid for the various items of work. Prices
shall include all costs in connection with furnishing the proper and success completion of the
work, including furnishing all materials, equipment 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. Such work product must be
removed immediately and replaced properly at no cost to the City.
BP1-971.doc Page 1 46W--Contractor's Initials
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as
a basis for 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.
By signing this document, Contractor certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s) numbered through
ESTIMATED QUANTITY LIST
Pay Description Units Quantities Cost Per Unit Extended Total
Item
�� OD
202 Removal of Type R Inlet EA 1 10
202 Removal of Curb and LF 170 14.45 2.4 45/6.
Gutter
202 Removal of Sidewalk SY 60 49.29 12F9 rz
202 Removal of Asphalt SY 230 5.9b 1.3 5 7.
203 Unclassified Excavation CY 30 32.5 9-75,°0
8fl 51 .00
203 Temporary Trench Backfill Ton 40 11x2. !, 2
—Asphalt Millings
203 Trenching CY 140 Is. 27 5 20.o0
203 Air Spading SF 150 ?, 1/ X50 00
BP1-971.doc Page 2
Contractor's Initials
207 Rain Garden-Growing SF 300 5�,ce 1 $pQ 00
Media, Filter Media,Filter
Fabric(Complete In Place)
Sa 4-0
208 Storm Drain Inlet EA 3 �-l 8. — l�2 510
Protection(Type 1)
208 Aggregate Bag EA 10 l 57.4 1 574,Oo
208 Concrete Washout EA 1 ?-j 4. 2,465 75
Structure
208 Erosion Control Month 3 4-.13S.02-
-,13a.0 121 4.i4. co
Management
00 00
210 Remove&Reset Parking EA 1 21 29 9 . ?2` cl. _.
Kiosk
o^ 0 0
210 Remove&Reset Light EA 1 ID`S 55. 1,°155•
Pole
210 Remove&Reset Street EA 2 54-9 . o_ -735 .4_40
Signs
212 Sod SF 90 (,?° 1,03.00
214 Artic Fire Dogwood 5 Gal 1 85.55 85.35
214 Mugo Pine 7 Gal 3 74.L—o 223, 80
214 Gro-Low Fragrant Sumac 5 Gal 1 94,'0 C14-.'O
214 Blue Grama Gal 19 42 05 -79 g,91
214 PowWow Wild Berry Gal 45 4205 11 892 25
Coneflower
214 Blue Oat Grass Gal 20 4Z.0 5 8 4l 00
214 Spike Gayfeather Gal 17 X1,2.05 -714•.95
214 Catmint Gal 30 42.x5 I,21.1. 5°
214 Blue Switch Grass 5 Gal 13 4.2.05 544. �5
214 Little Spire Russian Sage Gal 3 4.2 05 I ZL 5
214 Black-eyed Susan Gal 38 42.05 1,S 9-1.90
214 Sage Gal 8 42, 5 3'310 4�.,_
BP1-971.doc Page 3
A�-L-
Contractor's Initials
214 Prairie Dropseed Gal 14 335' s-11— 4- 1640.00
304 Aggregate Base Course CY 30 1 O-3.°5 3 Oct 1 .So
(Class 6)
evo0
403 Hot Mix Asphalt(Grade Ton 100 Zoe _. 20 ,620 . —
SX)
0820 .SX)(Patching)
?G
507 Riprap-Type VL CY 3 301
604 Manhole(5-ft dia.)(Flat) EA I Z9 5 (�, Zq 5
605 4-inch Perforated Pipe LF 20 15�,2� 1�LO Ar o0
Underdrain
io
608 Concrete Sidewalk(4") SY 67 15. - l j D 11 .710
608 Concrete Curb Ramp SY 20 252.�5 a 53 eo
(CDOT Type 1 B &3 B
Mod.)
$5 00
608 Detectable Warning SF 40 53. 2 15¢,
Surface
5 0 00
609 Curb, Type 2(Section B) LF 52
609 Curb and Gutter, Type 2 LF 184 X1.1,s- 7 L 3 4,.ea
(Section lIB)
613 1-1/2-inch Electrical LF 555 12 112 4$6,5
Conduit(Plastic)(Furnish
and Install)
p0 06
613 2-inch Electrical Conduit LF 440 35, -
(Plastic)(Furnish and
Install)
613 Wiring LS 1 18,&50 IS 1050!
613 Electric Vault(30"x20") EA 1 5 324 0� 5324,
0
614 Rapid Rectangular Flashing EA 2 3 51 O. -r� 02.1 ,20
Beacon(Complete In
Place)
614 Pedestrian Push Button EA 4 2S1.15.o0 114--7?-.
°O
Post Assembly(Complete
In Place)
BP1-971.doc Page 4
Contractors Initials
z B \
C'Lt �aAen0'r Title:
APPROVED AS TO FORM:
By: ,0-- - ---��
Attorney
CONTRACTOR: By: 7
A!� Oevi 002�-Br Title: Pfe�Src�ew7L
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.
M-971.doc Page 6 "cc1
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.
8. This Agreement and any amendments hereto may be executed in several
counterparts, each of which shall be deemed an original, and all of which together
shall constitute one agreement binding on the Parties, notwithstanding the possible
event that all Parties may not have signed the same counterpart. Furthermore, each
Party consents to the use of electronic signatures by either Party. The Scope of
Work, and any other documents requiring a signature hereunder, may be signed
electronically in the manner agreed to by the Parties. The Parties agree not to deny
the legal effect or enforceability of the Agreement solely because it is in electronic
form or because an electronic record was used in its formation. The Parties agree
not to object to the admissibility of the Agreement in the form of an electronic record,
or a paper copy of an electronic documents, or a paper copy of a document bearing
an electronic signature, on the grounds that it is an electronic record or electronic
signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
cc1-971.doc Page 5 "CC1
"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.
M-971.doc Page 4 " ;
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.
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.
15. This Agreement and any amendments hereto may be executed in several
counterparts, each of which shall be deemed an original, and all of which
together shall constitute one agreement binding on the Parties, notwithstanding
the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either
Party. The Scope of Work, and any other documents requiring a signature
hereunder, may be signed electronically in the manner agreed to by the Parties.
The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used
in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic
documents, or a paper copy of a document bearing an electronic signature, on
the ground that it is an electronic record or electronic signature or that it is not in
its original form or is not an original.
16.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.
Cc1-971.doc Page 3 "CC
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.
CCI-971.doc Page 2 "CC1
4 lip,
YN►
CITY OF ASPEN
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on March 25, 2019, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and Aspen Digger, 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: 2019-50865-1
Spring and Main Intersection Improvements, 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 Two
Hundred Thousand Two Hundred One ($251,201.90) DOLLARS and Ninety
Cents or as shown on the BID proposal.
M-971.doc Page 1 "cc1
I acknowledge that in submitting this bid it is understood that the right to reject any and all bids
has been reserved by the owner.
Authorized Officer: ,Title:
Full name signature:
Company address: SRL& Ave
G-0-x-y,on1 DM-tE < a -S 1 b2 3
Telephone number: LCI
' '0 %
Email: _ •r, =•P- i
Attested by:
S �2G�f I [�/1 � �✓li{.�.r ��lrJ�Nllllil�l
BP1-971.doc Page 6
Contractors Initials
Subcontractor & Material Supplier List
(eZ,,1)
Name: CR-Ow Phone: 30,1�- - 39tr
Address: 1 Na T E 2 N E.-r
Service or Product: CAR C A AR G 1 N C. STAT I C t-t
ccri 0)
Name: 13L1ZZAR3D LANDSCAPE, I +-4C. Phone: 37ai 09
Address: 0 3 5 0 O R-1 G 1 tJ A L- B A 5 A L-T C,0- 61 & 21
Service or Product: L_A►-4 fl e)C A P E. FL_A t-4 T t N G S
(9-r o)
Name: 'DoD s o N ENG N EE Rt=n P�oDUCTS 1 Nc . Phone-: Vtg5 -2233
Address: 0)033 MA 2AK� R� PO�x 248 GLE14Wo105PR1NG5iCO. 811DQ2-
Service or Product: E9,o6,oNC.9TRoL_ Pi?E MAti1HOLE 1t�t.Ec ELarGTtzlea� CoNaUrr
Name: L .A S S t T E R E L_E GT t2 C_ 1 N C . Phone l:
Address: o 204- PARK AvEtyo£ Sum8A--AL_-r C.P 8 142.1
Service or Product: E,L_E-c-T fZ 1c A t_ S t�t3 Cour f2A GTD fZ
Name: TJ Co1JGp_ETE CoNSTRUCTtoN� � Nc. Phone 1:
Address: 220 NOR:rH 12-7"A 51f?-EF--r CPP-130W IDALE CO 8 1 1023
Service or Product: CoN C2F-TE F�r�Tv�lo21�
Name: Phone =:
Address:
Service or Product:
BP1-971.doc Page 7
Contractor's Initials
3-r4Jzor8
!� 8D
614 Small Sign With Square EA 3 69o, 24 D7/,
Post
627 Pavement Marking Paint LF 915 5.O° 4 57$. cn
627 Thermoplastic Pavement SF 265 1
Marking
630 Traffic Control LS 1 13�L65, 13 lobs, «=
Management
ea
630 Pedestrian Control LS 1
Management i Z�Z 79 70 t X79 ?�
�o Z� 0
713 Mobilization LS 1
Total Bid in Numb684-. �S
Total Bid in Words:TW a N u N RE Dy- S EV E1r1TN o v 6 A N p E1&"-r
FT
Hums>R-ED EtCsHT-'-. FouR Liu-a-2-5 Awo 5i-ATY- Five CeOr5
Akdlye�ate_L-8-d
"EV charging Stations"
Pay Item Description Units Quantities Cost Per Unit Extended Total
202 Removal of Curb and Gutter LF 10 "'-
203 Unclassified Excavation CY 10
608 Concrete Pad for Charging SY 2.5 I71. 428, L3
Station(24")
609 Curb and Gutter,Type 2 LF 10 °O—
(Section 1113) 3 3-6,
2
613 1-1/4"Electrical Conduit LF 25524.20 5,445
(Plastic)(Furnish and Install) g6 -15"X2,
O
613 Wiring LS I
614 Bollard Set in Concrete EA 2 682 1,364
CHARCsLWC. STA- 1O1%1 eA t 3G5a,Cn 3Lsa
(Fu taw,, 1d i I LaSYA. . 6 0 5 Z�
13 37`l.
AVC,rr%vr= "To,AL,
BP1-971.doc Page 5
Cont ctoes Initials
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF )
) SS.
COUNTY OF )
On this day of 20 , before me
appeared
to me personally
known, who, being by me first duly sworn, did say that s/he is
of
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.
Notary Public
Address
My commission expires:
CC1-971.doc Page 7 "cc1
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