HomeMy WebLinkAboutresolution.council.093-12 RESOLUTION #(?5
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND MUELLER CONSTRUCTION SERVICES 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 Red
Mountain Trail Crossing, between the City of Aspen and Mueller Construction
Services 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 Red Mountain Trail Crossing, between the City of Aspen and Mueller
Construction Services 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 24th day of September 2012.
��. 7-/-C Z-
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, September 24, 2012.
Kat n S. Koch, City Clerk
The 81tf of Aspen
CONTRACT FOR CONSTRUCTION 011VR meY's Office
THIS AGREEMENT, made and entered into on September 24, 2012, by and between the CITY
OF ASPEN, Colorado, hereinafter called the "City", and MUELLER CONSTRUCTION
SERVICES 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: Red Mountain Trail Crossing, 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 SEVENTY SIX THOUSAND
SIX HUNDRED THREE ($76.603.00) 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
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
CC1-971.doc Page 1 "cC1
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.
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
CC1-871.doc Page 2 '•CC1
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 EIJgCOLORADO
Title:
APPROVED AS TO FORM:
By:
CAtorit ey
ATTESTED BY: CONT AC R:
By:
Title r� R�i 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.
M-971.doc Page 3 "ccI
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF�, L )
) SS.
COUNTY OF
On this+�day of � �j � /�. . , 20_La, before me appeared
fZ , to me personally known, who,
being by me first duly sworn, did say that s/he is S� i of
L-4� <f'*V6 u�.�'cN �iF t i94 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.
Sao
° Notary Public
(�6
Address
My commission expires:
M-971.doc Page 4 •'cc1
ATTACgllV1 ENT C
BID PROPOSAL FORM
Project No. : 2012-114
BID DATE:
PROJECT: Red Mountaiii Road Trail Crossing
PROPOSAL SUBmn,I'ED_BY: t-c.�-� �+" ��n5 ► 7a`� e� Vl `3, ►��=.
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 tIle 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 ff 0j consecutive calendar days from the date of bid opening.
The Contractor agrees that construction shall stark 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
tile City,to waive any iiiformalities 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 fiirtlishing all materials, equipment
and tools,and performing all labor and supervision to frilly 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 property 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. Tile
basis of payment shall be the actual amount of materials fi►rnished 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.doe 'BPI Page 1
Contractor's Initials
amount of work actually performed and materials actually furnished and the estimated amount of work.
'File City reserves the right to increase or decrease the €mount of work to be clone oil the basis of the bid
tIllit price and ap to plus or minus 7iveu(p Five(25)PereerN of the total bid.
I hereby acknowledge receipt of ADDENDUM(s)numbered l through 1
ESTIMATED QUA.IVTITYLIST
MASS.BID Reel Mountain Road Trail Crossi�a�)
TOTAL
,UIU I3%, M,C POTION i� QUANTITY ' s
UNCi.ASSiF;Ra.ENCAVATION(CIP) cY 20 $250 $5,000
LABORrIt flit 20 $40 $800
HRO$ION LOGS Li: 50 $2:50 $125
CONCRETE WASHOUT EA 1 $500 $500
STORM INLET PROTECTION LA ?. $150 $306
SEDI'mR.NTitr:MoVALAMUDISPOSAL HR 10 $75 $750
VmQmeN-cWT-Re>rSN HR 30 $0.00 $0.00
AGoRBanrs 13ASR CoURsE(CLASS 6) TN 20 $130 $2600
U em L-H Sr1 30 $0.00 $O.QO
HOT BITUMINusASPHALT PATcmNG 7TI 5 $350 $1750
CONCRFTR CLASS D(CoLORLU SAN DIEGO BUFF) CY 16 5 350 $5600
CONCRETE CURB RANIPS(4) SY 14 $150 $2100
CONCRETE FOUNDATION PAO BA 2 $500 S 1000
PrOPS1RIAN SIGNAL SPECIAL GA 2 $10,894 $21,788
MOBILIZATION LS 1 $10,000 $10,000
`[umlic CONTROL PLAN HA 1 $300 $300
'MAVIIIC CONTROL.MANAOr:MENT DAY 10 $850 $8,500
BARRICAUB(TrPB 3 M-A)('11IMp) I3A .2 $500 $1,000
CONSTRUCTION IUFFIC SIGN PLAN(PANEL SIZE A) FA 6_ $150 $900
DRUM CHANNBI.IZING DHVICR 13A 10 $125 $1,250
RWYQ1.0ASPHAIT(SprrUHUMP3) SF 1,350 $4.60 $6,210
CONCRETE CORD&GUTTER(CORB COT) LF 6 $280 $1,680
lbw[ }{��rat ltje 1eAf se-c>T SF -4e0 $0.00 $0.00
12"110AO STRIPINO(PER,MUTCO,FIG.3B-31) LA 2 $750 $1,500
,SPEED Hump PAINr(X?.YELLOW) SF 1,350 $2.00 $2,700
ROAD wAI MINO SIGNS(SPEED HUNIM) HA 2 $125 $250
TOTAL RED MOUNTAIN ROAD TRAIL CROSSING BASE BID IN NUMBERS: 76.603.00
Total Red Mountain Road Trail Crossing Base Bid in Words; Seventy Six
Thousand SixHundred Three
BN-971.doo 'BPI
Contractors Bttlats !
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: c�e _ - Per ,Title;
Full name signature:
Company address: 1113 V JD iii H ve- T
1p 11WCat ri n q*, Co 81X01
Telephone nuniber:._�'r�" c�g,� _ ,7;OR, --
Fax number: J 70 984— Jet 6-3
Attested by:
Subcontractor,& Material Supplier List
Name: e bf Q U( ,Phone ii:
Address:
Service or Product: l �
Name: ,Phone M_--
Address:
Service or Product:
Name: ,Phone M _
Address: _ _-_.--
Service or Product.•_
BPI-971.doo TP1 Page 3
ContraclUt's Initials
Certification and Supplemental Conditions to Contract for Services -
Conformance with 0-17.5.101, et seg.
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: Red Mountain Trail Crossing_
Contractor Her C truction Services, Inc.
By: -�
Jo ueller
Title: Pre dent
JPW-saved: 12/15/2010-867-M:\city\cityatty\contract\forms\certification-hb-06-1343.doc