HomeMy WebLinkAboutresolution.council.062-12 RESOLUTION # (�/
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT FOR MAROON CREEK
METERING PROJECT BETWEEN THE CITY OF ASPEN AND HEYL
CONSTRUCTION INC. 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
Maroon Creek Metering Project, between the City of Aspen and Heyl
Construction Inc., a true and accurate copy of which is attached hereto as Exhibit
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 that Contract
for the Maroon Creek Metering Project, between the City of Aspen and Heyl
Construction 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 11th day of June, 2012.
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, June 11, 2012.
-oar ∎1. 4/
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Kai n S. Koch, City Clerk
The City of!been
CONTRACT FOR CONSTRUCTION City Meiners Office
THIS AGREEMENT, made and entered into on June 11, 2012, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and Hevl Construction 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:Maroon Creek Metering Project, 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 One Hundred Eighty Nine
Thousand Eight Hundred Ninety Nine ($189,899.00) 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 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, assign , 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.
CC1-971.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.
ATTESTED BY: CITY OF ASPEN, COLORADO
By:
Title:
APPROVED AS TO FORM:
By:
City Attorney
ATTESTED BY: CONTRACTOR:
41_& By:
Title: d/'GS/o/. 7
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 6i'a04 )
) SS.
COUNTY OF ;j-/uZer )
On this J/ day of flay , 20/.? , before me appeared
/6G-ucr/ , to me personally known, who,
being by me first duly sworn, did say that s/he is - /e'-,e) of
A4,! l'� A ems, .7,2d 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.
6..i',
°yV3°l r ,JL -1-u / �/
• -� N ry Public
° G+'``' 'J (;;4,. ,c �;-� HEY[- COI\S r.i� C Ti ON INC,
LI\a
6560 CR 3q-.p.{:l ..
NEli CAS LF CO (cii 47
Address
My commission expires: 9 //- „/O/l
CC1-971.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.
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"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:
Contractor: / / ')//"1 //1/1
By: - /
Title: ///l°/� /Oft44
JPW-saved:5131/2012-867-M:\city\cityatty\contract\forms\certification-hb-06-1343.doc
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• BID BONA
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KNOW ALL PERSONS BY THESE PRESENTS,That we,the'undersigned,
Heyl Construction.Inc.,
• of 6560 GR X35 New Castle CO 816
, 47 as'Principal,hereinafter
referred to as"Prinapal",;and Berkley Regional Insurance Company
a corporation organized under the laws'Of the State of :'Delaware ,end
qualified to transact business in the State of Colorado,as"Surety"are held and firnly`bound unto
the;City of lspen,Colorado,as;obligee,hereinafter referred toas"City,"in the;penal sum:of
Five Percent of Amount Bid
Dailars
),lawful money of the United States of America,far the Payment of which
sum,well and truly to be made to?the Clty,we bind ourselves,:and our heirs,executors,
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administrators,successors,and assignees,jointly and severally;by these presents
WHEREAS,said,Principal has submitted a bid for construction of Maroon Creek Metering project.
NOW THEREFOfE, if he City shall accept the bid of the Principal and the'Principal shalt enter
Into'a Contract for Construction filth the City to accordance with the terms of such iBid, and,given
such bond or bonds as [r ay be specified in the Bid Package or Contract.Documents with good
andsuf icient surety fort a faithful performance of such contract and:for the";prompt.payment of
labor and material furnished in ;the prosecution thereof, •or in the ;event of the failure of the
Prir cipal to enter such Contract for Construction and give such bond or bonds, if the Principal
shall pay to the•City the difference not to.exceed`the penalty hereof between the amount specified
in said bid:and such larger amount for which the Principal may;in good faith contract with another
party to peform the work;covered by said Bid,then this shall be null and void,otherwise to•retrain
in hill force and effect in law. '
SIGNED AND SEALED this • 22nd..: day •of :May ,,201:2..
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PRINCIPAL: (seat)_
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BY < ' . Attest c„e 2 , .
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tc,�1 t e Re a Tonal insurance •m ari {seal). .
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a �, Jes Talbot.•le; ,Cnsten L McCormick,Attorney-in-Fact •
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Accompany Mit bond with certified copy of General Power of Attorney from the Surety Company
to include the date of the 4on4)
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BID PROPOSAL FORM 04/30/2012
PROJECT NO. : 2012-048
BID DATE: Mary 22,2012
PROJECT: MAROON CREEK METERING
PROPOSAL SUBMITTED BY: Heyl Construction, Inc
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 days from the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-construction
conference held by the Water 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 fmish
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.
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
BP1-971.doc `BPI P ge 1
ctor's Initials
• 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
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(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 1 through
ESTIMATED OUANTITY LIST
Item Description Totals
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1. • MAROON CREEK METER VAULT:
Includes installation(except where specifically noted otherwise)and
handling all required City of Aspen and contractor supplied materials
and equipment,potholing and verification of existing lines and
facilities, all excavation,removal of existing piping and concrete, -
protection of existing facilities, installation of new piping, couplings,
COA meter,vault supports,concrete vault,lid,and cover,backfill,
bedding,compaction, site grading,revegetation,meter operation
testing,access road maintenance,and all other items as specified and
detailed on the drawings and in the specifications as required to install
the new meter. Contractor to supply and install an 8' Dia MH over the
existing 30' Concrete Pipe and install a COA supplied Flow Meter
inline on the 30"Conc pipe. MH is to be an 8' Dia,-'4' deep(to
Bottom of Pipe)MH with a 36"access lid and flat top. The COA
supplied meter is to be a 30"McCrometer UltraMag Meter with 125#
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flanges. Contractor to supply couplings and pipe to allow transition
from 30"Concrete to 30"Flanged DIP and back to 30"DIP, 30"solid
sleeves, 30"vertical bends to lower and raise pipe—48", 30"bends if
needed for horz.deflections, and 30"tee and plug for access port.
Please provide submittals for all vaults and coupling materials
Contractor is to install meter in-line on the 30"pipe. Including all
. items except supplying the meter. Proposal,at the Lump Sum price of
the meter vault.
1. Maroon Creek Meter Vault $ 81,351.94
Eighty one thousand three hundred fifty one and 94/100
BPI-971.doc *BPI Page 2
ntractor's Initials
• 2. West Water Treatment Plant Venturi Replacement_
Supplying all labor and materials to remove and replace the existing
(4)four BIF Venturi Meters. Work includes completion of the purchase
agreement with BIF, all handling of the existing and new meters,
removal of the existing meters and actuators, verification of all
dimensions for the new meters, installation of the new meters,
reinstallation of the existing actuators, (to be used), reconnection of all
electrical and controls related to the existing actuators, assistance in all
testing and calibration of the new meter as detailed and specified on the
BIF and MWE drawings and specifications, for a Lump Sum price of
2. West WTP Venturi Meter Replacement= $ 79,465.65
Seventy nine thousand four hundred sixty five and 65/100
3. Raw Water Line Isolation Valve: •
Includes installation(except where specifically noted otherwise)and
handling all required City of Aspen and contractor supplied materials
and equipment,potholing potholing and verification of existing lines
and facilities, all excavation,removal of existing piping,protection of
existing facilities,installation of new piping,Installation of new valve,
couplings,backfill,bedding,compaction, subgrade installation and
compaction,asphalt replacement,revegetation,'and all other items as
specified and detailed on the drawings and in the specifications as
required to install the new meter. Proposal, at the Lump Sum price of
the meter vault.
3. Raw Water Isolation Valve Installation $ 29,080.41
twenty nine thousand eighty and 41/100
TOTAL BID (1, 2, and 3)
Total Bid in Numbers: $189,899.00
Total Bid in Words: One hundred eighty nine thousand eight hundred ninety nine and 0/100
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: David He 1 , Title: President
Full name signature: — 0000,
Company address: 6560 County RD 335
New Castle, CO 81647 •
Telephone number: 970.984.3404
Email: dheyl @heylcivil.com
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fir'.tractor's Initials
Attested by:
Subcontractor & Material Supplier List
Name: GJ Pipe ,Phone#: 963.5700
Address: 740 Hwy 133 Carbondale, CO 81623
Service or Product: All pipe and fittings
Name: Western Slope Materials • ,Phone#: 963.2296
Address: Carbondale
Service or Product: aggregates
Name: Casey Concrete ,Phone#: 963.2296
Address: Carbondale
Service or Product: Concrete
Name: Grand River Construction ,Phone#: 945.7758
Address: Glenwood Springs
Service or Product: asphalt
Name: , Phone#:
Address:
Service or Product:
Name: ,Phone#:
Address:
Service or Product:
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/�� ractor's Initials
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AFFIDAVIT OF COMPLIANCE
PROJECT NUMBER: 2012-048
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 �a
Corpor to Seal Hey]. Construction, Inc
Contractor
By: //�/
STA TE OF COLORADO )
SS.
COUNTY )
Before me . c cl t'-k_ ,a notary public and for
County,Colorado personally appeared Dist-u 14-41j I known
to me personally to be the person(s)whose signature(s)in my presence this
day of ,A.D.
My commission expires: 9-// -,a1)
(Seal) oti uusiu///��� Notary y Publi
S'O.°
o,0TARye
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• City of Aspen
Qualification Statement
Project NO.: 2012-048 Maroon Creek Metering Project
1. Firm Name, Business Address, Contact Person. & Telephone Number: 2. Year Present Firm 3. Date This Form
Established:1999 Prepared: 5/22/12
Heyl Construction, Inc
6560 County RD 335
New Castle, CO 81647 4. Type of Ownership: A. Small Business
David Heyl 970.984.3404 B. Minority Owned
Y S Corp C. Women Owned
5. Names of not more than two principals to contact: Title/Telephone:
a)David Heyl President/970.274.6488 '
b)Kerri Heyl CFO/970..366.0588
6.-Project Examples, Last 5 Years:
Project Name, Location & Brief Description: Owner's Name, Address & Telephone: Coat of Work Date
(X $1,000) Completed '
1. Music School Pump House City of Aspen
New pump house and infrastructure to Mueller Construction 170,000 on going
accommodate the music school.
2. Aspen Valley Hospital utility work Haselden Construction 800,000 12/12/12
Complete infrastructure water mains, sewer mains,
storm drainage.
3. Duck Pond Structures C-DOT 361,000 5/2012
Install new dam structures and pipe for a small
pond in Grandjuction
4• Sinclair Meadows Related Westpac 4,600,000 5/2009
New subdivision in Snowmass includes all Clearwater Construction
infrastructure asphalt and curb and gutter for a
20 lot high end subdivision
5. Shadowrock subdivision Blue Ridge Investments 5,100,000 9/2008
New subdivision in El-Jebel complete
infrastructure work and asphalt and curb and
gutter for a 80 home site
6. Donegan road reconstruction City of Glenwood Springs 1,200,000 9/2007
Road reconstruction including infrastructure
MSE walls, asphalt, curb and gutter
7.
8.
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10.
031-971.doc •01 j .
Description:Project Name, Location S Brief Descri p Owner's Name, Address S Telephone: Cost of Work Date
(X 81,000) Completed
11. 1 1 I
12.
13.
14.
15.
16.
17.
18.
19.
7. Bank Refernces, Contact Person, Telephone Number:
a) Community Banks of Colorado: Rodney Naylor 970.945.7035
b)
c).
8. Trade References (material suppliers, subcontractors, etc.), Contact Person and Telephone Number:
a)GJ Pipe: Dwayne Hall 970.963.5700
b)Wagner Equipment Bill Miller 970.379.3661
c) Western Slope Materials Sean Mello 970.379.0427.
9. Name of Bonding Company and Insurance Company, Agent's Name. Describe current liability insurance coverage:
IMA of Colorado Sara Finn 303.615.7438
I hereby certify that the above Qualification Statement is accurate and true. I hereby authorize the City of Aspen to contact any and
all of the persons/fi/. : i-ted above to obtain further information regarding the qualifications of my firm.
President
Signature , / Title
QS1-971.doc *QS'
The City of Aspen
CONTRACT FOR CONSTRUCTION City limners Office
THIS AGREEMENT, made and entered into on June 11, 2012, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and Nevi Construction 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: Maroon Creek Metering Project, 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 One Hundred Eighty Nine
Thousand Eight Hundred Ninety Nine ($189.899.00) 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 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.
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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 WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
ATTESTED BY: CITY OF%;PEN, COLORADO
£ 'L
piry
Title: Pa4Loti-Cr
APPROVED AS TO FORM:
By: �---� �
Ci ttorney
ATTESTED BY: CONTRACTOR:
CIKe._ ' `�.�✓ By:
Title: 4/'(i
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 L ra )
) SS.
COUNTY OF 61,-,./.644/,64l� )
On this J/ day of /277 , 201? , before me appeared
/60. e% /x , to me personally known, who,
being by me first duly sworn, did say that s/he is diet ,' /Ce, of
,l rz4 2 ' and that the seal affixed to
said i strument 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.
0.
y N ry Public
p'I L. C °° HEYL CONSTRUCTION INC.
y >° " 6560 CR 335
CASTLE
NEW
CO 81647
Address
My commission expires: 9 //- 07O'%
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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: �/ /
Contractor: �-/ / _cy�7��' !/1/1 ''�j
By: d
Y
Title: ,///z°/� /o/t44
JPW-saved:5/31/2012-867-M:\city\cityatty\contract\forms\certification-hb-06-I343.doc
a .
. BID BOND:
,KNOW ALL PERSONS BY THESE PRESENTS,That we,the undersigned, •
.:Heyl Construction.Ine.
8560 CR 335 New Castle,CO 81647 :: as Prir ai,herei
of hereinafter
referred to es"Prindpat',and 'Berkley Regional Insurance Compaq,;,
a corporation organized under;the Jaws tst the'State orf Delaware ,and
qualified to transact businessIn the State of Colorado,as°Surety"ere held and firm bound.unto
the City of Aspen,Colorado,as 401!60.0;hereinafter referred.4..4.. **. "City,".,.k.„.'4..0...0. penal sum of
Five Percent of Amount Bid Dollars •
$ 5% ),lawful money of the United States of America,for the Payment of which
sum,we11 and truly to be made to the City,we;bind ourselves,end ou(heirs,;executors,
administrators,successors,and assignees,Jointly and severally,by these presents:
WHEREAS,said Principal has submte a bbtd for construction of Maroon CreekMeterina';pro1ect.•NOW THEREFORE,if the City shall accept the bid of the.Principal and the Principal shall enter
Into a Contract':for Construction with,the City in accordance`with the terms of such'Hid, and given
such bond or bonds as may be specified in the Bid•�Paekage or Contract Documents with good •
and.sufficient sung for the faithful performance of suc 1 contract and for the prompt payment of
labor end material furnished in the prosecution thhereof, or in the event;of the:failure of the
Principal to enter such Contract for Construction and give such bond or bonds, if the Principal
shall pay to the City the difference not:to.exceed the'penalty'he:ie./it between the amount specified
in said bid anti such larger amount for which the Principal may in good faith contract with another
party.to perform the work covered by said Hid,then this shall be null end**,otherwise to remain
•in full force and effect in law.
SIGNED AND'SEALED this 22nd day of ,Mao::. 201:2.
PRINCI.PAL: .Heyl ,; truction,Inc..... ._..:•• (seat)
// ,
,
BY Attest' �
C,.ti
Title:
, .y JRETX
� ,a-. z , i„,i RR .tonal Insurance .;.tit;an .,: (seal)
t
i� .,V .•, e� fitness v
. "41: r :as / J )%4151.t: 1�. /.dam . : -' '
m.. �. cu t Jes a
4
#le ,Kristen L:'McCor ick Attorney-in-Fact
Talbot
'Aceompany this bond with certified.copy of General;Power of Attorney from the Surety Company
to Include the date of the bond.)
5B1-971.doc "8B1
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