HomeMy WebLinkAboutresolution.council.029-02A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A
CONSTRUCTION AGREEMENT BETWEEN THE CiTY OF ASPEN AND ASPEN
EARTHMOVING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAiD
AGREEMENT ON BEHALF OF THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City CounCil a Construction Agreement
between the City of Aspen, Colorado and Aspen Eartlunoving, a copy of which is annexed
hereto and part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 0F THE CiTY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that a Construction
Agreement between the City of Aspen, Colorado, and Aspen Earthmoving, regarding the Old
Stage Road RecOnstruction ProjeCt, aC0PY 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.
Dated: /~~ //~ ,2002.
Helen Kalin Kl~/g'~ru'R~xMayor --
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the ~'oregoing is a tree
and accurate copy of that resolutj.qn adopte~d by the City Council of the City of Aspen,
Colorado, at a meeting held ~ ~7 ,2002.
: ' : Kathryn S. I~h, City Clerk
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on April 8, 2002, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and Aspen Earthmovin,ch LLC, 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: Old sta.qe Road - Phase 1 hereinafter
called the "Project"
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 Three hundred eighty six
thousand six hundred forty nine and 38/100 ($ 386,649.38 ) DOLLARS as shown on
the BID proposal.
CC1-971.doc Page 1 of 5 Old Stage ROad - Phase 1 4-8-02 ~/~
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. See Exhibit A for additional Contract
Documents.
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, er 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
CCl-971.doc Page 2 of 5 Old Stage Road - Phase 1 4-8-02
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 ~s 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.
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
City Engine~dn'g Del~)artment C~ty'Att~r~n~y [ '
ATTESTED BY: CONTRACTOR:
/ l~tle: ~
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.
CCl-971.doc Page 3 of 5 Old Stage Road - Phase 1 4-8-02
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE Of ~.0 (0¢¢c(20 )
)SS.
COUNTY OF ~);-Y'V..,~ )
dayof /~p'~ 1 ,20 o~. , before me appeared
On this
~"~\C.~'.Z~.~'3 '~-~ O~oy~S , to me personally known, who,
being by me first duly sworn, did say that s/he is p,,.o~,,,c+ IfY~,,,~,l.,...- of
/~,~w ,.c~-.~.~.~.,~ ~.fl t-L-C.. ~and that the seal affixed
to sa~ 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 I~bli~-"
IVly commission expires: ~'~/)~:)~ 1~ Address
CC1-971.d~c Page 4 of 5 Old Stage Road - Phase 1 4-8-02~,~.
Exhibit A
Additional Contract Documents
1. Drawings prepared by Schmueser - Gordon - Meyer Engineem and Surveyors:
Sheets EX2, DM3, IDXS, RP6, RP8, RP9, RP11, RP12, RP12.1, RP13, DET14, RP15,
RP16, L1.1, LI.2 and L1.3 all dated 2-06-02 "released for bid". (16 sheets)
2. Bid Documents and Construction Specifications dated January, 2002
CC1-971.doc Page 5 of 5 Old Stage Road - Phase 1 4-8-02~.
ICI'FY OF ASPEN
A~PEH PITKIN COUNTY HOUSING AUTHORITY
OLD STAGE ROAD
BID DATE: MARCH 18, 2002
Condon Construction Aspen Earthmovin~l
~o. Item / Descrletlon ~ I Unit I Pdce I Unit Total Price Pdce / Uni~ Total Prlrr, e
626 MobiEzotiofl 1 LS $ 30r000.00 $ 301000.00 $ 181350.00 $ t81350.00
201 Cleaning&Grubbing 1 LS $ 5,000.00 $ 5,000.00 $ 8~000.00 $ 8,000.00
203 Pothniing 16 HOUF $ 200.00 $ 3,200.00 $ 175.00 $ 2,800.00
203 Unclassified Excavation t450 CY $ 15.00 $ 21~750.,00 $ 9.00 $ 13~050.0D
203 Embankment Material361 CY $ 15.00 $ 5~415.00 $ 38.00 $ 13,718.00
203 ExcessExcavatlon 1089 CY $ 25.00 $ 27~225.00 $ 20.00 $ 21,?'80.00
206St,'ucturalBackflll(ClasSl) lS0 CY $ 40.00 $ 7~600.00 $ 40.00 $ 7~600.00
208 ErOsion Bails 4 EA $ 50.00 $ 200.00 $ 50.00 $ 200.00
208 Erosilct Control I LS $ 5~000.00 $ 5,000.00 $ 3,500.00 $ 3,500.00
2t0 Mod~,BawerManhoio 1 EA $ 2~000.00 I $ 2,000.00 $ 500.00 $ 500.00
210 ReSet Ent~ Gate t EA $ 8~403.00 $ 8,400.00 $ 200.00 $ 200.00
214 Spruce(10') {B&B) 2 EA $ 700,00 $ 1~400.00 $ 500.00 $
214 Spruce(1Z) (B&B) I EA $ 800.00 i $ 800.00 $ 700,00 $ 700.00
214 Po~lserosa Pine (8') (l~&B} 2 EA $ 550.00 $ 1,100.00 $ 475.00 $ 950.00
214Po~iomsaPine(10')(B&B) 1 EA $ 600.00 $ 600.00 $ 600.00 $ 600,00
214NartowfonfCottenwond(2"CalIper}(B&B) 8 EA $ 300100 $ 2~400.00 $ 400.00 $ 3,200.00
214NarrowilafCottenwood(21/2-Cali~er}(BS~) 7 EA $ 320.00 $ 2~240.00 $ 500.00 $ 3~500.00
214 Aspen (2' Cs/iper) (B&B) 4 EA $ 300.00 $ 1,200.00 $ 200.00 $ 800,00
214As~on(21/Z'carlper}(B&B) 4 EA $ 325.00 $ t~300.00 $ 250.00 $ 1~000,00
214 To~i~l 150 CY $ 40,,00 $ 6~000.00 $ 40.00 $
214 Rusgradteg (Seeded Lm, a~) 1300 SF $ ,0,50 ~ $ 650.00 $ 0.50 $ 650.00
214 Fioegrading (Low Maintenance Seeding} , 9000 SF $ 0.50 $ 4~500.00 $ 0.50 $ 4,500.00
214 Sonded Lawn 1300 SF $ .0.25 $ 325.00 $ 0.40 $ 520.00
214 Low Maintenance Seeding 9000 SF $ 0.25 $ 2,250.00 $ 0~25 $ 2,250.00
214 MulCh(2'depth)(baseoftrees) 3 CY $ 70.00 $ 210.00 $ 60.00 $ t80.00
214 IrdgationSystem 1 LS $ 91000.00 $ 9r000.00 $ 171107.00 $ 17,107.00
304 A~0regate Base Course (Clsss 6) 343 Ton $ 35.00 $ 12r005.00 $ 32.00 $ 10,976.00
304 /t~l~*egate Base Course (Cioss l ) 486 Ton $ 27.00 $ t3~t22.00 $ 24.00 $ t1~664.00
401 Hot Bituminous Pavement (Grading SX) 302 Ton $ 68.00 $ 20~536.00 $ 80.00 $ 24~t60.00
420Geotextile(Separater)(CilssA) 1155 SY $ 2.00 $ 2,310.00 $ 2.00 $ 2~310.00
504 Retaining Wall (l) (Alternative S~tems) 1 LS $ 35~000,00 $ 35,000.00 $ 32~600.00 $ 32~600.00
504 Retaining Wall (2) (Alternative Systems) I LS $ .58~000.00 $ 58,000,00 $ 24~000:00 $ 24~000.00
5~6 RtDrap (24#) I CY $ 250.00 $ 250.00 $ 50.00 $ 50.00
~6 SlteBau~ders 15 EA $ 400.00 $ 6,000.00 $ 10.pp $ 150.00
506 Rock Wall 78 SF $ t00.00 $ 7~8C0,00 $ 15.00 $ 1~170.00
601 Conc, rete, Cioss D (MIs~elilneous1 51 CY $ 425,00 $ 21,675.00 $ 500.00 $ 25,500.00
603 15'Retntercedconc~-etePipe 98 LF $ 100.00 $ 9,800.00 $ 80.00 $ 7~840.00
60315' Concrete End Seotion 1 EA $ 500.00 $ 500.00 $ 5~0~00 $ 500.00
604 Dratr~ Inlet, Type II 2 EA $ 41500.00 $ 9~000.00 $ 21700:00 $ 51400.00
604 Stof'mDrainMpnhole 1 EA $ 4,500.00 $ 4,500.00 $ 3~500.0~ $ 3~500.00
606 Bridge Rail, Ty/~e 3 118.75 LF $ 120.00 $ 14,250.00 $ t87.50 $ 22~265.63
60?FenceChalnL!tlk(Spec~al} 62.5 LF $ 80.00 $ $~000.00 $ 75.00 $ 4~687.50
608 Concrete Sidewalk (4'} 3 SY $ 81.00 $ 243.00 $ 60.00 $ t80.00
608ConcmteBtkeway(6') 268 SY $ 114.00 $ 30,552.00 $ 80.00 $ 21t440.00
608 Co¢lctete Flatwork- Mlscellausous (6") 84 SY $ 1'1~..00 $ 9,578.00 $ 70.00 $ 5,880.00
609Curb&GutterType21SeotionllM t68 LF $ 51.00 $ 8~568,00 $ 35,00 $ 5~880.00
609Cu~&GutterTyl=e2,SeotlonllB 10 LF $ 51,00 $ 510.00 $ 35.00 $ 350.00
614 Ground Sign (Class l} (tubular socket base} 5 EA $ 850.00 $ 4,250.00 $ 400.00 $ 2t000.00
619 WaedlngMSE,WaliCronslng I EA $ 10,000.00 $ 101000.00 $ 8~000;00 $ 81000.00
619 Ductile lron Pi~e (8'}75 LF $ 200.00 $ 15~000.00 $ 150.00 $ 11~250.00
627 Pavement Marking 4 Galiln $ 400,00 $ 1~600,00 $ 15.00 $ 60.00
627 Pre-formed Pl~tio Pavement Marking (60 mils} 240 SF $ '18,00 $ 4t320.00 $ 12,50 $ 3,000.00
627 Pm.formed P~sflc Pavement Marking (~0 mils) (words/symbols) 84.5 SF $ 22.00 $ 1~859.00 $ 12,50 $ 1,056.25
630TralflcControlDevlcesI LS $ 10,000.00 $ 10~000.00 $ 2,500,00 $ 2,500.00
630CoonstructionTrafficContro! I LS $ 18,000.00 $ 18,000.00 $ 10,000,00 $ 10,000.00
TOTAL $ 488,209.75 TOTAL $ 386,649.38
LIQUIDATED DAMAGES
for
FAILURE TO COMPLETE THE WORK ON TIME
The undersigned contractor declares his/her full awareness of the content and terms of this contract and
affirms that the contractual time is the period mentioned in the contract Specifications plus the time
extension(s), if any, granted by the City of Aspen for successful completion of project. The
undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to
be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate
of$$20. OOper flay. This amount and the total allowed time by the City shall not be negotiable under
any conditions.
Attest:
Corporate Seal
By:
STATE OF COLO~O )) SS.
CO~Y )
Co~*, Colorado penonally append . ~ i C~ ~4~ ~ ~ ~o~ to
me pe~onMly to be ~e person(s) whose silage(s) in my presence this J ~[ ~ day of
My co~ission ~pi~s:
(Seal) .
~: ~ .~ ~ No~blic
*LD1
AFFIDAVIT OF C?MPLIANCE
PROJECT NUMBER. ~
The understgned contractor has read a copy of the Contract Documents including the
construction plans, for this project and understands and hereby affirms that he/she does not now,
nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she
is under the Contract to the City of Aspen for the performance of a Contract. The undersigned
further acknowledges he/she understands and agrees to all terms and conditions of the Aspen
Municipal Code and its being parr of the Contract with the City of Aspen.
Attest:
Corporate Seal /t~-~-r't ~-~<~/7~cqV?~f.
Contractor
ss.
CO~TY )
Before me f~ / ~ ~ ~'~.X~'~[4~ ~ ~ ~,, a not~ public and for C~V~ ~
County, Colorado personally appe~ed ~[C ~ ~4~ ~/~)% _ .,,.. known
to me personally tq,be the person(s) whose si~ature(s) in my presence this ~C( r~ ~
dayof [~;~ ~X ,A.D. 20~
My commission expires: [C6--
~ : ~,~ =.[ Notary Public
~ ~ '... . . .' ~
ACI-971 doc