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HomeMy WebLinkAboutresolution.council.021-13 RESOLUTION #21 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND RUDD CONSTRUCTION, 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 between the City of Aspen and Rudd Construction for Rio Grande Park Restroom and Pump House, 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 Restroom and Pump House between the City of Aspen and Rudd Construction, 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 March 2013. 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 March 11, 2013 Kath n S. Koch, City C e`rk Attachment A The 011v of Uspen CONTRACT FOR CONSTRUCTION OitYfimofneYkOlfice THIS AGREEMENT, made and entered into on March 11, 2013, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and RUDD 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: 2012-151 Rio Grande Park Restroom and Pump House, 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 FIVE HUNDRED SEVENTY NINE THOUSAND SEVEN HUNDRED SEVENTEEN ($579,717.00) 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 L { 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 OFjA PE, , COLORADO By: C IlT r Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: ,` 17 ---------- City Engineering Department ity Attorney ATTESTED BY: CONTRACTOR: By. Title:" / 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 e CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Cokmz(o ) ) SS. COUNTY OF On this day of F , 20 13 , before me appeared Pr 5v, to me personally known, who, being by me first-iluly sworn, did say that s/he is Presideirl of ra Qu u COKS+ a-1-'ion--&z • 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 OF a e Address My commission expires: 3,11—t4 cc1-971.doc Page 4 "cc1 r r BID PROPOSAL FORM: REVISED JANUARY 31, 2013 Project No. : 2012-151 BID DATE: February 15, 2013 PROJECT: Rio Grande Park Restroom& Pumphouse PROPOSAL SUBMITTED BY: Rudd Construction,Inc. CONTRACTOR i 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 Sixth (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. 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 amount of work actually performed and materials actually furnished and the estimated amount of work. BPI-971.doc *Bpi Pagel Contractor's Initials { r BID PROPOSAL FORM: REVISED JANUARY 31, 2013 Project No. : 2012-151 BID DATE: February 15, 2013 PROJECT: Rio Grande Park Restroom&Pumphouse I PROPOSAL SUBMITTED BY: Rudd 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 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. i 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. I 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 amount of work actually performed and materials actually furnished and the estimated amount of work. BP1-971.doc *Bpi Page 1 Contractor's Initials I I , I The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid junit price and up to plus or minus Twenty Five(25)Percent of the total bid. I hereby acknowledge receipt of ADDENDUM(s) numbered 1 through 4 and memorandum supplement 1- 3. ESTIMATED 0UANTITYLIST (BASE BID Rio Grande Restroom) UNIT TOTAL BID ITEM DESCRIPTION UNII QUANTITY PRICE COST GENERAL CONDITIONS: SUPERVISION LS 1 $4,560 $4,560 INSPECTION TESTING LS 1 $0 $0 SANITARY FACILITIES EA 6 $125 $125 TEMP HEAT&TENTING LS 1 $200 $200 CRANE OR BOOM TRUCK LS 1 $500 $500 I PROGRESS CLEAN/MISCLABOR LS 1 $2,160 $2,160 FINAL CLEAN LS 1 $600 $600 TRASH REMOVAL/DUMPSTERS LS 1 $3,600 $3,600 PROTECTING INSTALLED CONSTRUCTION LS 1 $550 $550 OTHER_Project Management,pickup,other misc,jobsite costs ALLOW I $10,795 $10,795 SITE WORK: MOBILIZATION&SITE PREP LS 1 $200 $200 I SITE MAINTENANCE LS 1 $160 $160 CONCRETE SLAB PREP(5"PROFILE%"CRUSHED ROCK) SF 291 $2.86 $832.26 j DRAINAGE (4"PVC BASEMENT DRAIN LINE) LS 1 $843.04 $843.04 i %"WATER SERVICE-COMPLETE W/WATER METER LS 1 $6628.10 $6628.10 OTHER_Electrical feed to bridge trenching and conduit install ALLOW 1 $778.68 $778.68 CONCRETE: FOUNDATION LS 1 $35,150 $35,150 i FLATWORK(4"COLORED-DAVIS`SAN DIEGO BUFF') SF 291 $9.00 $2,619 I STEPS(COLORED-DAVIS`SAN DIEGO BUFF') LF 28 $60.00 $1,680 OTHER ALLOW 1 $0 $0 STEEL: STRUCTURAL ALLOWANCE LS 1 $20,500 $20,500 j STAIR 102 FRAME&TREAD EA 1 $8,250 $8,250 TRINITY GABION WALL FRAME MATERIAL SF 1,340 $17.48 $23,423.20 TRINITY GABION WALLS INSTALL SF 1,340 $20.92 $28,032.80 WINDOW FRAMES EA 13 $410 $5,330 MISC.STEEL ASSEMBLIES LS 1 $8,679 $8,679 BP1-971.doc *Bpi Page 2 Contractor's Initials 1 V4"STAINLESS STEEL COUNTERTOPS LS 1 $4,360 $4,360 OTHER ALLOW 1 $0 $0 i WOOD&PLASTICS: FRAMING LS 1 $3,360 $3,360 FRAMING MATERIAL LS 1 $4,923 $4,923 INTERIOR DOOR LABOR EA 1 $75 $75 EXTERIOR DOOR LABOR EA 3 $95 $285 THERMAL/MOISTURE: ! INSULATION LS 1 $7,354 $7,354 FOUNDATION WATERPROOFING LS 1 $5,870 $5,870 CORRUGATED ROOFING LS 1 $3,138 $3,138 RUSTED STANDING SEAM ROOFING LS 1 $11,463 $11,463 RAIN CHAIN LF 22.5 $49 $1,108 TRINITY GABION WALL WATERPROOFING LS 1 $2,035 $2,035 `DOG TROT'WATERPROOFING LS 1 $3,080 $3,080 I OTHER ALLOW 1 $0 $0 DOORS& WINDOWS. INTERIOR DOORS EA 1 $726 $726 EXTERIOR METAL DOORS EA 3 $875 $2,625 BIPV GLASS ROOF PANELS(KREUTZMAN PRODUCT) LS 1 $29,180 $29,180 I DOOR HARDWARE LS 1 $530 $530 WINDOWS(1"TEMPERED INSULATED) LS 1 $1,971 $1,971 MIRRORS LS 1 $847 $847 OTHER ALLOW 1 $0 $0 III FINISHES: DRYWALL CEILING&WALLS LS 1 $6,543 $6,543 WALL TILE LS 1 $20,678 $20,678 TARRAZZO FLOOR (TERRAZZIO PRODUCT)(6-8•WEEK LEAD) SF 376 $35.95 $13,517.20 PAINT LS 1 $10,380 $10,380 OTHER ALLOW 1 $0 $0 SPECIALTIES: TOILET COMPARTMENTS/ACCESSORIES LS 1 $9,903 $9,903 SIGNS(MEN/WOMEN) EA 2 $50 $50 OTHER ALLOW 1 $0 $0 1 EQUIPMENT.. EQUIPMENT LS 1 $0 $0 SPECIAL CONSTRUCTION: FIRE ALARM SYSTEM LS 1 $0 $0 OTHER ALLOW 1 $0 $0 MECHANICAL: PLUMBING&HEATING LS 1 $56,4I4 $56,414 COMPOSTABLE TOILET SYSTEM+FIXTURES INSTALLATION LS 1 $16,409 $16,409 GRAY WATER SYSTEM INSTALLATION LS 1 $5,859 $5,859 BP1-971.doc *Bpi Page 3 nt actor's Initials i ,r OTHER ALLOW 1 $0 $0 ELECTRICAL: 200A SERVICE FROM EXISTING 208V TRANSFORMER EA 1 $7,516.3 $7,516.33 ELECTRICAL FIXTURES EA 1 $11,814 $11,814 ELECTRICAL FIXTURES LABOR LS 1 $16,415 $16,415 OTHER_Contractors fee,insurance,employee benefits,bond etc ALLOW 1 $45,757 $45,757 s TOTAL RIO GRANDE RESTROOM BASE BID IN NUMBERS:$471,548 TOTAL RIO GRANDE RESTROOM BASE BID IN WORDS: Four hundred seventy one thousand five hundred forty eight I I ESTIMATED 0UANTITYLIST (ADDED ALTERNATE #3— Rio Grande Restroom Building UNIT TOTAL j BID ITEM DESCRIPTION UNIT QUANTITY PRICE COST PERMEABLE PAVER SUPPLY&INSTALLATION SF 354 $8.53 $3,019.62 (BASALITE SPEC PAVE 100-`VENICE FLAT') PERMEABLE PAVER SUB-BASE PREP SF 354 $3.5 $1,239 TOTAL RIO GRANDE RESTROOM ADD ALTERNATE#3 BID IN NUMBERS: 54,258.62 TOTAL RIO GRANDE RESTROOM ADD ALTNERNATE#3 BID IN WORDS: _Four thousand two hundred fifty eight and 62/100 ESTIMATED OUANTITYLIST BASE BID Rio Grande Pumphouse) TIlVIT TOTAL BID ITEM DESCRIPTION TAT QUANTITY PRICE CO-ST GENERAL CONDITIONS: SUPERVISION LS 1 $3,800 $3,800 INSPECTION TESTING LS 1 $0 $0 TEMP HEAT&TENTING LS 1 $0 $0 PROGRESS CLEAN/MISC LABOR LS 1 $800 $800 FINAL CLEAN LS 1 $350 $350 TRASH REMOVAL/DUMPSTERS LS 1 $1,800 $1,800 PROTECTING INSTALLED CONSTRUCTION LS 1 $250 $250 BP1-971.doc *13131 Page 4 Contractor's Initials OTHER Project Manager and site costs ALLOW 1 $1,900 $1,900 SITE WORK: MOBILIZATION&SITE PREP LS 1 $110 $110 SITE MAINTENANCE LS 1 $160 $160 CONCRETE SLAB PREP(6"PROFILE,4" %"CRUSHED ROCK) SF 265 $2.86 $757.90 DRAINAGE LS 1 $0 $0 OTHER ALLOW 1 $0 $0 CONCRETE: FOUNDATION SLAB WITHICKENED EDGE LS 1 $5,035 $5,035 STRUCTURAL WALLS LS 1 $6,932 $6,932 ROOF SLAB LS 1 $5,023 $5,023 OTHER ALLOW 1 $0 $0 STEEL: STRUCTURAL ALLOWANCE LS 1 $12,256 $12,256 MISC.STEEL ASSEMBLIES LS 1 $0 $0 EXTERIOR%"STEEL PL.FINISH SF 543 $17.80 $9,665.40 EXTERIOR 118"STEEL FINISH SF 83 $14.80 $1,269.90 OTHER ALLOW 1 $0 $0 WOOD&PLASTICS: FRAMING LS 1 $0 $0 FRAMING MATERIAL LS 1 $0 $0 EXTERIOR DOOR LABOR LS 1 $95 $95 OTHER ALLOW 1 $0 $0 THERMAL/MOISTURE: INSULATION LS 1 $3,507 $3,507 STRUCTURAL WALLS WATERPROOFING LS 1 $1,864 $1,864 OTHER ALLOW 1 $0 $0 DOORS& WINDOWS: EXTERIOR METAL DOORS EA 1 $840 $840 OVERHEAD GARAGE DOOR EA 1 $2,973 $2,972.99 DOOR HARDWARE LS 1 $135 $135 OTHER ALLOW 1 $0 $0 FINISHES: PST LS 1 $600 $600 OTHER ALLOW 1 $0 $0 SPECIALTIES. OTHER _ ALLOW 1 $0 $0 SPECIAL CONSTRUCTION: GREEN ROOF ASSEMBLY(WATERPROOF MEMBRANE TO FILTER LS 1 $19,468 $19,468 FABRIC) GREEN ROOF GROWING MEDIA SUPPLY LS I $above $above GREEN ROOF GROWING MEDIA INSTALL LS I $above $above 1 OTHER ALLOW 1 $0 $0 13PI-971.doc "SP1 Page 5 Contractor's Initials i e MECHANICAL: ELECTRICAL HEAT SYSTEM(MAINTAIN 50 DEG.F.) LS 1 $1,100 $1,100 VENTILATION SYSTEM(MINIMUM 750 CFM) LS 1 $4,770 $4,770 OTHER ALLOW 1 $0 $0 ELECTRICAL: 100A SERVICE FROM EXISTING 480V TRANSFORMER LS 1 $5,137 $5,137 ELECTRICAL FIXTURES LS 1 $575 $575 ELECTRICAL FIXTURES LABOR LS 1 $2,942.7 $2,942.70 OTHER_Contractors fee,insurance,employee benefits,bond etc. ALLOW 1 $14,054 $14,054 TOTAL RIO GRANDE PUMPHOUSE BASE BID IN NUMBERS:$108,169 TOTAL RIO GRANDE PUMPHOUSE BASE BID IN WORDS: One hundred eight thousand one hundred sixty nine and no/100s TOTAL RIO GRANDE RESTROOM BASE BID+ADDED ALTERNATE#3+RIO GRANDE PUMPHOUSE BASE BID IN NUMBERS:$583,975.62 I TOTAL RIO GRANDE RESTROOM BASE BID+ADDED ALTERNATE#3 +RIO GRANDE PUMPHOUSE BASE BID IN WORDS: Five hundred eighty three thousand nine hundred seventy five and 62/100s 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.�n 4 Authorized Officer: I ' 1 Z [ . ,Title: $ �•F�7 Full name signature: Company address: Ave- Telephone number: 5770 D-7^ 9 Fax number: !1-70 " Cl a7 —40a:7 Attested by: A( 6�w 1 BP1-971.doc 'BPI Page 6 WAP Contractor's Initials J i- Subcontractor & Material Supplier List Name: Chevron , Phone#: 970 734-8033 Address: 105 Shavano Drive Unit B5 Gunnison Colorado Service or Product: Concrete Name: GZO Roofing , Phone#: 920-7697 Address: P.O. Box 1475 Aspen Service or Product: Roofing and waterproofing Name., Has heating and plumbing Phone#: 928-9222 Address: 7420 Hwy 82,Unit C Glenwood Springs Service or Product:_ Plumbing, Name: Lassiter Electric ,Phone#: 927-4656 Address: 0204 Park Ave. Unit 11 Basalt Service or Product: Electrical Name: AAA Water Proofing ,Phone#: 429-5002 Address: 1779 Airport Road Rifle Service or Product:Water Proofing Name: Asco masonry ,Phone#: 260-4938 Address: 384 27 1/2 Road Grand Junction Service or Product: Masonry and Gabions i i Name: JT Heuer,LLC ,Phone#: 970-640-2754 Address: 898 HWY 133, Suite 303, Carbondale Service or Product: HVAC BP1-971.doc "BPI Page 7 Contractor's Initials