Loading...
HomeMy WebLinkAboutresolution.council.051A-14 RESOLUTION # 51 (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: -?- Ste a Skadron, 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 April 28th 2014 athryn S. Koch, City Clerk The City;I Aspen CONTRACT FOR CONSTRUCTION CKV911arney'sOHM 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'Nd, 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. ATTESTED BY: CITY OF ASPEN, COLORADO By- Title: C,rl R APPROVED AS TO FORM: By: -- Cy ttorney ATTESTED BY: CONTRACTOR: By: o �1 V1 6 Title: 10fes,,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 Gt-vr�ei—D ) i l On this 2-2Nn day of AvRiL- 20 ��1 , before me appeared r LP NZ T S-Vb+JF-, to me personally known, who, beinn by me first duly sworn, did say that s/he is 'Rges�ow-r- of 1 KE �Q� iU�� /NC-. 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. MAIGIN L STONE Me"St Cowaft o b "ry 10 20044037470 IZ Commission Expires Oct 18,2016 4 �.Au �C0 Address My commission expires: Its 11 Iq 12-C)l b CC1-971.doc Page 4 **CC1 BID PROPOSAL FORM PROJECT NO. : 2014-051 BID DATE: H 1'2-1 1 22D 1 PROJECT: 2014 Mill Street Storm Water and Water Line Improvement Project PROPOSAL SUBMITTED BY: I H 1= 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 BPI-971.doc *Bpi P ge 1 Contractors Initials 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: Z�d�+ly2 �� �/ , Title: Full name signature: Company address: 0075 SUM i r"60AinM`11 r C�Q M-2-3 Telephone number: - Z IN�� 16 �2��S T Email: Attested by: LUZE��- Subcontractor & Material Supplier List Name: L—IAM Phone#: Address: 551� SVL"T�l F 2S AE, ( '-T-A nrlo 3VJ c_--t pal S�D i Service or Product: F4 V,w 6 Name: I s CN uz�ids 1TTj u�c�t oN ' C� , Phone#: 963-33a�_ Address: 72-D?-D N. 12-rH t Qia&oA 'Aq7 C-0 0 4,23 Service or Product: U�_r7F n.- I S 10 Lw ftL_1 C- Name: A ' , Phone#: 3S Address: 32-579-1 i`1 yj`/ � � -2-4. S l;T C-0 T L SZ Service or Product: -rrLAf,:h C, (-VN-Rz-0 1-- Name: G11- fH ory esw , Phone#: Address: 7:W(o S J"L wPN C�if�1T�i�11 m l � �d l l Z Service or Product: M al-'r It Al, 'T�S�J 1 k/& BPI-971.doc *BP1 Page 4 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 I hereby acknowledge receipt of ADDENDUM(s)numbered i through ESTIMATED UANTITYLIST Item# Item Unit Qty Unit Price Total 1-626 Mobilization 1 LS $ $ 2-625 Construction staking 1 LS $ $ q,q 6q. 00 3-713 Traffic control 1 LS $ $ 25,000. 1 4-1001 Temporary storm water control 1 LS $ $ 22� Oo 5-208 Erosion Control 1 LS $ $ 6-* Potholing 16 Hour $ }00 $ 5,-�-(-2 .00 7-106 Material testing 1 LS $ $ �'ggo-00 8-202 Removal of curb &gutter 352 LF $ of 0O $ 3, O0 9-202 Removal of asphalt mat(roadway) 3651 SF $ o,o $ 3-, 302 c0 10-202 Removal of concrete(sidewalk) 1643 SF $ . $ 11-202 Removal of concrete(ADA ramp) 4 EA $ HV5.-f5 $ 1 , 10 2 3.oO 12-210 Reset structure(light post) 1 EA $ $ 1,332.cc 1,332-D0 13-212 Sod 223 SF $ goo $ 3 (22 .00 14-403 Hot Mix Asphalt(Grade SX) (5") 3651 SF $ $ x.30 33, 15-604 Inlet,Type R, 5 Foot 1 Ea $ $ BP1-971.doc 'BP1 Page 2 Contractor's Initials 16-* Precast concrete sedimentation vault I Ea $ ri 7-2575 Manhole 4 foot DIA (10 foot) 1 Ea $ $ q Z .L 8-2575 Flat top manhole 4 foot DIA, (10 foot) 1 Ea $ $ GJ 19-* Diversion structure 1 Ea I $ $221 20-* 36-Inch b 48-Inch vault hatch 1 Ea $ $ y ; 2,To`f.. 0 21-* 60-Inch by 60-Inch vault hatch 2 Ea $ $ , r-* Vault track rack 1 Ea $ $ ` w-* Flat site boulder 1 Ea $ $ � d5(, o0 24-* 24 Inch C-IOL canal gate 2 Ea $2,522.ca $�0q . cu 25-608 Concrete sidewalk, 4" 1643 SF $ /S C)D $24,6 q5 pO 26-608 Concrete curb ramp w/detectable 4 Ea $ $ warning s 2,S3S-00 l0 NO.oo 27-609 Standard curb &gutter, Type A 352 LF $ S Do $Z 6,LIoa.oc 28-640 8 Inch ductile iron pipe water line 181 LF $ q/g OD $�6�-S DC) 29-640 8 Inch ductile iron tee 2 EA $3c f�, ©c $ 6C 30-640 8 Inch ductile iron bend 2 EA $3©D.Co $ (,Cc. L-�D 31-640 8 Inch ductile iron gate valve 4 EA $37-4-.29 $ S Cq Do 32-640 8 Inch ductile iron cap 2 EA $ 'Z5.00 $ --fa 00 I 33-2610 24 Inch Cl III RCP (storm sewer) 207 LF $.0s Do $63 13� 34-* 4-inch SCH 40 PVC (Elec) 91 LF $ /// bo $/0"/01 v o 7-106a 8"DIP RAW Water Testing 1 EA $ $200,00 *See plan set TOTAL BID IN NUMBERS:LM 1 2 6--� 3D Total Bid in Words: OYAi2 �t 109FofQVSVF16 HAHO MWD f W o p u J u �HiR BP1-971.doe *BP1 Page 3 Contractor's Initials