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HomeMy WebLinkAboutresolution.council.076-12 RESOLUTION #% (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR RIO GRANDE PARK PHASE 2 CONCRETE PROJECT BETWEEN THE CITY OF ASPEN AND K AND W CONCRETE 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 a Rio Grande Park Phase 2 Concrete Project, between the City of Aspen and K and W Concrete Inc., a true and accurate copy of which is attached hereto as Exhibit "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 that Contract for Rio Grande Park Phase 2 Concrete Project, between the City of Aspen and K and W Concrete 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 13th day of August 2012. Michae 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, August 13, 2012. Katyyn S. Koch, City C erk 41 y /i ..,--1101.. ' ...1,4 4:4-11.,fich4-c,,, ... vo.' le ''''II..?' ' AA"1'ViX4 I, *.:. .1-%'..24.&71 .ilr' ..-, 47'4,7' ' , V„„f••-'4'411 ''' ' .-.'' -.1-' "wf- ; -4'114'. •''171'..'4-1-'-a \:'. '...--"--''..::1-.::::..::::;T:':' t r r. ��:� (3� -ot, ... -":'.:.::'43 :72111: 1 :'"'111..'kit( -- * v? # • .."-'s• .al .IP d .d. ffi am • IL ^ ti • .+/ \ y i z / •W is ,., 1 r l•/ \ d'lI� U -. ., . H i. :t /,. '. G O r /E + - F miner- 4.y ,, f W .. \. , c \ CC. V., 4 62 0 .......- 94-440p: \12_‘: . •1. 1/ip.. v 7 ' .,., .„._ _ .-./ -'. ,1410- . ___,. • 111111 , _ _ i _ .. 'L.'. ,„'.#R.. 04 r'' , ■ y _ a ». *el` p ) 1 c a, " rZ A °' O , / - .D �4 0 , 0.) '4) a.) :-..., 0 • ., 4•-- ' / / 4 N ,.::;+:41;0111 , .. ' 'PIZ' 741' erj rii • , / ' 401 1111 i,,_. \ ..I. -‘,., A oQ 2 6 \- 1r • '4 ; ' ..........2................/ r, t_. ..= :_'.. q ... ----.... t•1::",-.2. :.%,-,,,-:.-..... •:::s.z..:,;,:-' 1-. / // Ilk The City of Aspen CONTRACT FOR CONSTRUCTION Oilyfttorney'sOffice THIS AGREEMENT, made and entered into on August 13, 2012, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and K AND W CONCRETE 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: Rio Grande Park Phase 2 Concrete 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 THIRTEEN THOUSAND TWO HUNDRED FORTY FIVE ($113,245.00) 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. 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 ° • 'E - COLORADO ?'� //,/" Title: 6-1 Z"t-- F't, �1�- �� REC MMEND4LE AR ROVAL: ity Attorney ATTESTED BY: CONTRACTOR u,,,t etc V 2 P, L izc By: K€4 I ( I ut TitleT 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 ) SS. COUNTY OF On this 3/ day of �v� , 20 /.1)• , before me appeared t67' , to me personally known, who, being by me first duly sworn, did say that s/he is /��S1I)AJ I of /,W) 'L! ((AJ 24 E E ; /ti�L 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 M ?=%"∎∎•:,ke!D NOTARIAL SEAL the day and year in this certificate first above written. ETH �I i '. NOTARY i —•— $ 0% PUBLIC • ; III 9 •• �8� Notary ublic 11 Op co'-0Q--- ����e�����`' C/a '' cu,Lr r)')Ti11 did 01,4'}l.-% 96:J My Commission Fxninas 04/10/2013 Address My commission expires: /:)1///e/3 CC1-971.doc Page 4 "CC1 BID PROPOSAL FORM Project No. : 2012-060 BID DATE: 3:00pm,July 19, 2012 PROJECT: Rio Grande Park—Phase c 2 Concrete PROPOSAL SUBMITTED BY: �C` C K Cole.fre Ti c-. 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 Parks 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. S uch 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 amount of work actually performed and materials actually furnished and the estimated amount of work. BP1-971.doc *BP1 Page 1 K-tk 4 Contractor's Initials 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. I hereby acknowledge receipt of ADDENDUM(s)numbered C through ESTIMATED QUANTITY LIST(BASE BID Phase 2 Concrete) UNIT TOTAL BID ITEM DESCRIPTION UNIT QUANTITY PRICE COST MOBILIZATION EA 1 $ $ �-- `SAN DEIGO BUFF'COLORED CONCRETE PEDESTRIAN TRAIL SF 9,864 $ 10.C1Z3 $ y$/ns' (8 INCH DEPTH w/FIBERMESH THROUGHOUT) 62. NON-COLORED CONCRETE (PILASTER FOOTINGS) CF 128 $ $ 9,9r0 `SAN DIEGO BUFF'COLORED CONCRETE BRIDGE ABUTMENTS CF 720 $ Z3.13 $ i,•doa. — #4 REBAR(FOR BRIDGE ABUTMENTS) LF 1,076 $ . L(Ot1t $ 'h r #5 REBAR (FOR BRIDGE ABUTMENTS/PILASTER FOOTINGS) LF 1,068 $ ,647 $ &, #6 REBAR(FOR BRIDGE ABUTMENTS) LF 760 $ , evs $ 6 78- i TOTAL PHASE 2 CONCRETE BASE BID IN NUMBERS: � 2`f.� Total Phase 2 Concrete Base Bid in Wordsaokt,,,,W 7 litatpcv/T&a.sccari,Tt,7v ciAcbj co r ty Fti12 + q cr I acknowledge that in submitting this bid it is understood that the right to reject any n all-bids has been reserved by the owner. Authorized Officer: � `� • , Title: f'4C CAtt Full name signature: 7_,)21 4 Company address: _ 010 g Cr0 tJ(,, /40,,K-tc..<. tas&K CO gfc„ Z( Telephone number: 970— 927-- 98 ? Email Address: 6E wdu)CO h @ C©itAtCa •Ul, Attested by: ''��^� t#7,4 - / BP1-971.doc *BP1 Page 2 Contractor's Initials Subcontractor & Material Supplier List Name: CrC (Oki CV'4; — , Phone#: 9&,-9.6.5--e7186 Address: 7,0 • 3C is 19 661a ( RYGZ3 Service or Product: Cd he rcef �C Name: �,c re-�� L' 41.,p Kto J->c.1 r �� ,Phone#: -S-66? - - Address: _ d 4 o K to 9! 1 /_CC) - g b J Service or Product: Cc,L co-- 1r (a is Name: (,)J1Qc0 Cc& PP(� Coouec U ,Phone#:?CO—876-Z T Address: 3 kr Vet t(e3`t c--t / p�oe.ir, Co SO 2 -3 Service or Product: L0L' ii BP1-971.doc *BP1 Page 3 Contractor's Initials AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2012-060 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: Corporate Seal fr-Ct.c,ei tJC 6^cam ,--mac. Contractor By: ---X./17 STATE OF COLORADO ) SS. COUNTY EA-6W") Before me EL!74-/.3 E 7-2 4. K' 7" ' , a notary public and for EA6L� County,Colorado personally appeared l62j_y Kt-67A./ known to me personally to be the person(s)whose signature(s) in my presence this /9 day of JULA/ ,A.D. 20/a . My commission expires: 40/ (Seal) BETH 111�o •tarY Public NOTAR y: 7 'l( '• PUBLIC .• 11 •9 ',,,�,�., �P� 1%,, O co P_® nc,-97,.aoo My Commission Expires 04110/2013 *AC1 LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME 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$1,000.00 per day. This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: -tQ �/� I ,) 6 tfe 7-n C Corporate Seal 1-�:�Y�C w � ^G �-f� Contractor By: ^ STATE OF COLORADO ) _ SS. COUNTY /J= ) Before me ELI Z,,96&711 K I-&74J ,a notary public and for County, Colorado personally appeared KELLY k2- 7'--' known to me personally to be the person(s)whose signature(s)in my presence this /9 day of y ,A.D. 201 My co `/ SETH ki`kli. ('� ' •A . / 4&# TA Z' No ary Public Er —.- : 0 ,•PuBLiG . . i • Pr• Ln-971.doc. 1 C�` LD 1 t My Commission Expires 04/10/2013 i City of Aspen Qualification Statement Project No.: + + 1. Firm Name, Business Address, Contact Person & Telephone Number: - :2. Year Present Firm ;3. Date This Form 14 c ( 1 I)CO � i .0 Established: Prepay d: t� �lJ },� Jul l9`!3 7�i9vZ ;4. Type of Ownership: Small Business �\ t'l� � , B. Minority Owned �{-i� V ; C. Women Owned 5. Names of not more than two rincip is to contact: Title/Telephone: a) Ke((v 14.I��;t. _ Est dv,-f, '7c)-947-9)176 b) rL� 54 3 1ecti,- Ucsu, ?tel A.i/ct o- Ge7o -2e7--t374 6. Project Examples, Last 5 Years: Project Name, Location & Brief Description: Owner's Name, Address & Telephone: Cost of Work; Date (X $1,000) Completed; 1. KAA-4..r 1 IZ r i /ds_zu a-tc 6- r- co 4 ve Gt oss- As(Le,` Fe_krq 63 P Si , Gam ?: Z `-`/ S (24 " 2. S rr()K35 Q.a_s tth_kcQ — 13.e.k.) .. OS + + Do c �oFC(arw lam tis-�+^ c to 14 S7,T alOi (��c0�v�� ".rccty CQ i0 _ _ ---As.g.Q q -�Q + BYYS'tovt?e+ery o'^ c?2s--$6,t( 6slc 5 tIC7 3. l K. intot LoddcjL 'QOM- (kje( Wtlurzw l<ocln toOTSD roE(e- Cc-Qc- - Tr. - A(0.m.c-kg-Coctsev,c 0" 4 tizi& ro -- *412" j Ot�{3S� r c +) 7 4. Std w,-c,ws (s rc6.kce--/ - Pe_to l-ttzw- cJc,[f ScCt Co`si, 3e9 �h 36 Ea-4+ Rde IOca aIZ ,Daa Gl 5. Octet S C Caste--e �.et� V 'C tcti( OC-k /J7 t��O & 4 y L)ay k�c�-H Co c iv 0 �`1,7c�/6 2 �-r��—jio' 6. Sea LA-U� Q d7A /0es.)S (4O M , Ps V-C "LCIC");-' 4°6/636 440(6 7. 1.14 OKl/l` to �.odh,t- { /1..1 2� i�d rv1,t. 4. 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