HomeMy WebLinkAboutresolution.council.060-14 RESOLUTION # 60
(Series of 2014)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ASPEN DIGGER INC, SETTING FORTH THE
TERMS AND CONDITIONS REGARDING THE MILL STREET STORM
WATER AND WATER MAIN IMPROVEMENT 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 Aspen Digger, 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 Aspen Digger, Inc
regarding Mill Street Storm Water and Water Main Improvement 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: ` / r
F
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�- Steve Skadron, ayor
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 April
28th 2014
Kath ' S. Koch, City Clerk
The City of Aspen
CONTRACT FOR CONSTRUCTION 00oltornevtOffice
THIS AGREEMENT, made and entered into on April 28th 2014 by and between the CITY
OF ASPEN, Colorado, hereinafter called the "City", and Aspen Digger, 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 Mill Street Storm Water and Water Line Improvement Project
No. 2014-051, 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 four hundred and forty
eight thousand two hundred sixty seven dollars and thirty cents ($ 448,267.30)
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.
ATTF STED BY: CITY OF P , COLORADO
ti (gal a By. C ►'�
Title: C
RECOMMENDED FOR,APPROVAL: APPROVED AS TO FORM:
By: e- -
City orney
ATTESTED BY: CONTRACTOR:
By:
Title: J"'
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.doe Page 3 **CC1
BID PROPOSAL FORM
PROJECT NO. :2014-051
BID DATE: 1-2-1 11014
PROJECT: 2014 Mill Street Storm Water and Water Line Improvement Project
PROPOSAL SUBMITTED BY: ( N EN ��L(,F_V" N L-
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
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Contractoes Initials
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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: s��}/� , Title: Rp-�I01Z�,A/T-
Full name signature:
Company address:
L4meon/nm4 Sl X 23
Telephone number:
Email: %1YLt 1 �v
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Attested by:
M A tL l N S-IVJ; St~GVZi r AYr2V �F2 is r uz Er�—
Subcontractor & Material Supplier List
Name: ELAM C_�IVST��tc��Dr\I I►�I� ,Phone#: 533T
Address: 55-o STY1-tA TH F+,S AvF--, Wy C Q T4'157D I
Service or Product: :,q-VI t)6
Name: �ni c tz Sri✓ �e�JSTh�c�n c�N }iJ C , Phone#:C92 3305
Address: ZZO N. ZrH �T �Aa2./3nr/DIfi► C� `� ��23
Service or Product: 1j-TTe-a- 1�,S I()EWO is
Name: 11' � T f�U �7n1�7t a�- � ���2 f C�Y}E , Phone#:Wa-�3v
Address: 3259 �i 1l�1`I f�, Z�{. ',51 L 1-r C-0 T)�52.- - - - - - - - -
Service or Product:
Name: G11— -�H O M IBS DA) Phone#: h
Address: 7_;Q() S, 6LTD/ VJPN, C601T&/M n _ L ft i Z
Service or Product: M 476y A , -T ' ,J I yb
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Contractor'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
(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 AD DENDUM(s)numbered through
ESTIMATED OUANTITYLIST
Item# Item Unit Qty Unit Price Total
1-626 Mobilization 1 LS $ $ 3� ofl
2-625 Construction staking 1 LS $ $
3-713 Traffic control 1 LS $ $2S GoO.°O
4-1001 Temporary storm water control 1 LS $ $ 224 pO
5-208 Erosion Control 11 LS $ $ ' 58z.00
6-* Potholing 16 Hour $ 35--.00 $ 5-7I2 C)O
7-106 Material testing 1 LS $ $ mcl 00
8-202 Removal of curb &gutter 352 LF $ 9.DO $ 3, I G�-co
9-202 Removal of asphalt mat(roadway) 3651 SF $ 2 oc $ 302 oL)
10-202 Removal of concrete(sidewalk) 1643 SF $ .2 c)D $3,29 6,0o
11-202 Removal of concrete(ADA ramp) 4 EA $ H'DS.-+5 $ b2 3.003
12-210 Reset structure(light post) I EA $(�3 32.cc $ 3 2.D D
13-212 Sod 223 SF $ jL,Ob $ 3, I.2-Z .on
14-403 Hot Mix Asphalt(Grade SX)(5") 3651 SF $ $
q.3� 33,95y.30
15-604 Inlet,Type R, 5 Foot 1 Ea $ $
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Contractor's Initials
16-* Precast concrete sedimentation vault 1 Ea $ $51,2_1 LID
17-2575 Manhole 4 foot DIA(10 foot) 1 Ea $ $ '1 9 2-5,C0
18-2575 Flat top manhole 4 foot DIA, (10 foot) 1 Ea $ $ Vl ,�Z j r-O
19-* Diversion structure 1 Ea $ $22 29/1 O
20-* 36-inch by 48-Inch vault hatch 1 Ea $ $
21-* 60-Inch by 60-Inch vault hatch 2 Ea $ $
22-* Vault track rack 1 Ea $ $ lr 59D. ao
23-* Flat site boulder 1 Ea $ $
24-* 24 Inch C-IOL canal gate 2 Ea $2 522 tD $5'pgf
25-608 Concrete sidewalk, 4" 1643 SF $ 15 i70 $2 W5 d O
26-608 Concrete curb ramp w/detectable 4 Ea $ $
warning 2,S3S.�° 1 i�D,no
27-609 Standard curb &gutter,Type A 352 LF $ S_C,C, $Z��L/CD,Dc
28-640 8 Inch ductile iron pipe water line 181 LF $ q/g DO $7. 5, 6SB Do
29-640 8 Inch ductile iron tee 2 EA $ $
3�f�.00 092.oD
30-640 8 Inch ductile iron bend 2 EA $ $
3C)D.oo
31-640 8 Inch ductile iron gate valve 4 EA $37:2S $ 1,Si q oo
32-640 8 Inch ductile iron cap 2 EA $ 195;-.Co $ CC
33-2610 24 Inch Cl III RCP(storm sewer) 207 LF $ S Cp $
34-* 4-inch SCH 40 PVC (Elec) 91 LF $ 1// bU $/ 101'.0
7-106a 8 DIP RAW Water Testing i EA $ $2 U 0.00
*See plan set ,Jf
TOTAL BID IN NUMBERS:`7`7 g , 2 6- 3�
Total Bid in Words: Ftk64WP9FVqfYFi6Hr1H2ZWD IL' OhMOM&E V �pu�2s&TJjRry(&3
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Contractor's Initials
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