HomeMy WebLinkAboutresolution.council.092-13 RESOLUTION # 92
(Series of 2013)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND EXCAVATION SERVICES INC, SETTING
FORTH THE TERMS AND CONDITIONS REGARDING THE 2013
HOPKINS PEDESTRIAN CONNECTIVITY IMPROVEMENTS PROJECT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Excavation Services, Inc a copy
of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that
contract between the City of Aspen, Colorado, and Excavation Services,
Inc regarding 2013 Hopkins Pedestrian Connectivity Improvements Project,
a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager of the City of Aspen to execute said
contract on behalf of the City of Aspen.
Dated: C7- Z 3:Z� 3
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Steve kadron, Mayor
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I, Kathryn S. Koch, duly appointed and acting Ci y Clerk do certify
that the foregoing is a true and accurate copy of that r solution adopted by
the City Council of the City of Aspen, Colorado, at a meeting held
September 23rd 2013.
ryn Kdh S. Koch, City Clerk
The City of Aspen
CONTRACT FOR CONSTRUCTION Citvfluornev's Office
THIS AGREEMENT, made and entered into on September 23, 2013, by and between the CITY
OF ASPEN, Colorado, hereinafter called the "City", and EXCAVATION 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: 2013 Hopkins Pedestrian Connectivity
Improvements, and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore,
and as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract for Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice to Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Seventy Thousand Two
Hundred Seventy Dollars and Seventy Five Cents ($70,277.75) 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 ASPEN, COLD ADO
By:
Title.
A,
APPROVED AS TO FORM:
Cyii
ttorney
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
BID PROPOSAL FORM
PROJECT NO. :2013-107
BID DATE: 9/16/2013
PROJECT: 2013 Hopkins Pedestrian Connectivity Improvements
PROPOSAL SUBMITTED BY: EXCAVATION SERVICES 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 Engineering Department,which also constitutes the Notice to Proceed. Submission
of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish
construction within the time specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to
the City,to waive any informalities or to reject any or all bids.
The City shall not pay the Contractor for defective work and/or for repairs or additional work required for
successful completion of the project. All work not specifically set forth as a pay item in the bid form shall
be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection with
furnishing the proper and success completion of the work, including furnishing all materials, equipment
and tools,and performing all labor and supervision to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
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.
13PI-971.doc *Bpi Pagel
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Contractors 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.
By signing this document,Contractor certifies and represents that at this time:
(i)Professional shall confirm the employment eligibility of all employees wh_o__are newly
hired for employment in the United States;and
(ii)Professional has participated or attempted to participate in the Basic Pilot Program in
order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s)numbered 1 through 2
ESTIMATED QUANTITY LIST
Spec. Description UNIT QUANTITY UNIT PRICE
Section
106 Materials testing LS 1 $ 4,000.00 $ 4,000.00
202 Removal of asphalt mat(Roadway) SY 19 $ 15.00 $ 285.00
203 Unclassified Excavation CY 67 $ 50.00 $ 3,350.00
208 Erosion control LS 1 $ 2,000.00 $ 2,000.00
210 Reset Structure(Ground Sign) EA 2 $ 250.00 $ 500.00
212 Landscape Restoration LS 1 $ 1,200.00 $ 1,200.00
304 ABC(3/4"Crushed screened rock) CY 23 $ 65.00 $ 1,495.00
304 Aggregate base course(Class 6) CY 44 $ 70.00 $ 3,080.00
403 HMA(Grade SX)(Roadway) SY 180 $ 85.00 $ 15,300.00
601 Reinforced Concrete Class D(Misc)(8"max dept SY 18.3 $ 100.00 $ 1,830.00
608 Concrete sidewalk(4")(Class D) SY 155 $ 74.25 $ 11,508.75
608 Concrete curb ramp w/detectable warning EA 1 $ 5,000.00 $ 5,000.00
609 Curb&Gutter Type 2(SectionI l-B) LF 301 $ 29.00 $ 8,729.00
626 Mobilization LS 1 $ 8,500.00 $ 8,500.00
713 Construction Zone Traffic Control LS 1 $ 3,500.00 $ 3,500.00
TOTAL BID IN NUMBERS: _ $ 70,277.75
Total Bid in Words: Seventy thousand two hundred seventy seven and seventy five cents
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. I _
Authorized Officer: 'Troy B _ Title: President
Full name_ signature:
rl
Company address: PQ Box 1 9 ar ondale Co 81623
Telephone number: 970-963-8355
Fax number: 970-963-4336
Attested by:
Subcontractor &Material Supplier List
Name.Not sure yet 79-6300
Address:
Service or Product:Concrete
IV control 876-0738
Address:Silt Co
Service or Product:Flaggers
Name:United Companies 379-4319
Address:Carbondale CO
Service or Product:Concrete supply
Name: Hesi 379-0306
Address Carbondale Co
,Service or Product:Electrical