HomeMy WebLinkAboutresolution.council.024-25RESOLUTION #024
(Series of 2025)
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AND STUTSMAN GERBAZ, INC. AUTHORIZING THE CITY MANAGER TO
E��ECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
construction of water infrastructure, between the City of Aspen and Stutsman
Gerbaz, Inc. a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
CITY OF ASPEN, COT ORADO,
That the City Council of the City of Aspen hereby approves that Contract for
Construction of water infrastructure in Aspen between the City of Aspen and
Stutsman Gerbaz, Inc., 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 25th day of February 2025,
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy %J that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, February 25th, ' 2025 8
Nicole Henning, City Cl
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2025-001 SECTION 00 52 00
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between
Stutsman GerbazI Inc
Owner and Contractor hereby agree as follows:
ARTICLE 1 —WORK
of Aspen
("Owner") and
("Contractor").
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
965 linear feet of 8" ductile iron pipe (DIP), fittings, valves, fire hydrant assemblies, water line
tie-ins, and asphalt; replacing an existing water line.
ARTICLE 2 —THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Wrights Road Water Line
ARTICLE 3 —ENGINEER
3.01 The Project has been designed by SGM (Engineer), which is to act as Owner's representative,
assume all duties and responsibilities, and have the rights and authority assigned to Engineer in
the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents,
ARTICLE 4 —CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed on or before October 30th, 2025, and finally complete
on or before November 30th, 2025.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01
above and that Owner will suffer financial loss if the Work is not completed within the times
specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. The parties also recognize the delays, expense, and
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difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a penalty),
Contractor shall pay Owner $750 for each day that expires after the time specified in
Paragraph 4.02 above for Substantial Completion until the Work is substantially complete.
After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the
remaining Work within the Contract Time or any proper extension thereof granted by Owner,
Contractor shall pay Owner $1,500 for each day that expires after the time specified in
Paragraph 4.02 above for completion and readiness for final payment until the Work is
completed and ready for final payment.
ARTICLE 5 —CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant
to Paragraph 5.01.A below:
A. For all Work other than Unit Price Work, a lump sum of: $ 480,370.00
Lump Sum Items
;Bid Item #1, Mobilization &Demobilization
'Bid Item #2, Erosion Control
Bid Item #3, Traffic Control
Bid Item #4, Tie Into Existing Water Line STA 0+00
!Bid Item #5, Tie Into Existing Water Line STA 9+640551
:...................................... .................................. ................................................................ .......:
$ 21.099.0
$ 21,099.00
All specific cash allowances are included in the above price in accordance with Paragraph
11.02 of the General Conditions.
B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the actual
quantity of that item):
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Unit Price Items
I�.ii. �niwe� Ifarw�
Item
Estimated
No.
Description
Unit
Guantlt
Bid Unit Price
Bid Price
6
.' SDR-11 HDPE Temp. Water
LF
940
$100,11
$94,104.91
Line
7
emp. Water Service
EA
9
$5611.42
$50,502479
8
8" Glass 52 DIP Water Line
LF
965
$1,083066
$110451733.65
9
8" Gate Valve
EA
7
$4,107461
$28,753.28
$2,117,69
$10,588,46
10
8" DIP Fittings
j EA
5
11
Fire Hydrant Assembly
EA
3
$21,790496
$65,372.89
12
Water Service Connection
EA
9
$143859.77
$133,737494
13
8" Asphalt Demolition
SY
1,530
$34.40
$527633.75
14
4„Asphalt
TN
350
$383.17
$1341108.03
15
Rock Removal
HR
40
$11346.20
$53;848.00
16
Rock Trenching
HR
40
$11136.20
$53,848.00
17
Misc. Shallow Utility Potholing and
EA
5
$113685.00
$580425.00
Relocation
18
Gas -Line Trenching and Backfill
LF
930
$75.64
$70,340.77
19
Gas -Line pot holing and
EA
2
$11,685.00
$231370.00
abandonment
20
as- ine services locate, protect,
EA
6
$7,580040
$45,482440
connect.
21
Concrete Entrance
SY
158
$303841
$47,938.62
22
Restoration
SY
350
$45.00
$1,5,750*00
23
Dewatering
Day
15
$5940*24
$69,103,64
24
Temp Gas Service Connection
EA
6
$7,580.40
$45,4$240
Total of All Unit Price Bid Items
$271191124.52
The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are
based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions,
estimated quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer.
C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment)
$2,599,494.96
For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.
ARTICLE 6 —PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the
General Conditions.
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6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment on or about the 30t" day of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be
measured by the schedule of values established as provided in Paragraph 2.07.A of the
General Conditions (and in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General
Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Engineer may determine or Owner may
withhold, including but not limited to liquidated damages, in accordance with Paragraph
14.02 of the General Conditions.
a. 95 percent of Work completed (with the balance being retainage).
b. 95 percent of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer
shall determine in accordance with Paragraph 14.02.13.5 of the General Conditions and less
200 percent of Engineer's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the certificate of
Substantial Completion.
C. Per Colorado Revised Statute 24-91-103, the contractor may elect to substitute securities in
lieu of retainage. Securities must be in a form acceptable to Owner.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the
General Conditions, Owner shall pay the remainder of the Contract Price as recommended by
Engineer as provided in said Paragraph 14.07.
B. Lien waivers shall be submitted by prime Contractors and all second tier Subcontractors prior
to issuance of final payment.
C. Any Liquidated Damages payable by Contractor may, at Owner's election be deducted from
any amounts owed to Contractor. In the event no funds are due Contractor at a time when
Contractor becomes liable to Owner for Liquidated Damages, then Contractor agrees to pay
all accrued Liquidated Damages to Owner on the first (1 st) day and on the fifteenth (15th) day
of each month when Contractor is liable to Owner for Liquidated Damages, Permitting
Contractor to continue and finish the Work or any part thereof after the deadline for
completion of the Work shall not act as a waiver of these Liquidated Damages provisions
D. The aggregate liability of Contractor to pay Liquidated Damages pursuant to this section shall
not exceed an amount equal to fifty percent (50%) of the Contract Price. This Section shall
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not be construed to limit Contractor's other obligations or liabilities arising under or in
connection with this Contract
E. In the event that this section conflicts with any other provisions regarding liquidated damages
within the Contract Documents, this section shall control.
ARTICLE 7 —INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the rate of 1 percent per annum.
ARTICLE 8 —CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general,
local, and Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions relating to
existing surface or subsurface structures at the Site (except Underground Facilities), if any,
that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as
containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental
Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the
Supplementary Conditions as containing reliable "technical data."
E. Contractor has considered the information known to Contractor; information commonly known
to contractors doing business in the locality of the Site; information and observations obtained
from visits to the Site; the Contract Documents; and the Site -related reports and drawings
identified in the Contract Documents, with respect to the effect of such information,
observations, and documents on (1) the cost, progress, and performance of the Work; (2) the
means, methods, techniques, sequences, and procedures of construction to be employed by
Contractor, including any specific means, methods, techniques, sequences, and procedures
of construction expressly required by the Contract Documents; and (3) Contractor's safety
precautions and programs.
F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor
does not consider that further examinations, investigations, explorations, tests, studies, or
data are necessary for the performance of the Work at the Contract Price, within the Contract
Times, and in accordance with the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Contract Documents.
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H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
ARTICLE 9 —CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 005200-1 to 005200-8, inclusive).
2. Performance bond (pages 006100-1 to 006100-3, inclusive).
3. Payment bond (pages 006150-1 to 006150-4, inclusive).
5. General Conditions (pages 007000-1 to 007000-68, inclusive).
6. Supplementary Conditions (pages 008000-1 to 008000-11, inclusive).
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings consisting of 21 sheets with each sheet bearing the following general title:
Wrights Road Water Line.
9. Addenda (numbers 01 to 02, inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. (ontractor's Bid (pages 01 to 07, inclusive).
b. Documentation submitted by Contractor prior to Notice of Award (pages 01 to 28,
inclusive).
11. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed (pages 01 to 01, inclusive).
b. Work Change Directives.
c. Change Orders.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
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D. The Contract Documents may only be amended, modified, or supplemented as provided in
Paragraph 3.04 of the General Conditions,
ARTICLE 10 —MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and
the Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to
an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents,
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
10.05:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence
the bidding process or the execution of the Contract to the detriment of Owner, (b) to
establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner
of the benefits of free and open competition;
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3. "collusive practice" means a scheme or arrangement
without the knowledge of Owner, a purpose of which
non-competitive levels; and
De
two or more Bidders, with or
is to establish Bid prices at artificial,
4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or
their property to influence their participation in the bidding process or affect the execution
of the Contract.
10.06 Other Provisions
Not Used
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IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been
delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been
identified by Owner and Contractor or on their behalf.
NOTES TO USER
See 1B-21, Signing of Agreement
This Agreement will be effective on February 25t", 2025 (which is the Effective Date of the
Agreement).
OWNER: C'—Signed by:
Diane Foster
�y:
Tltle: Deputy City Manager
Signed by:
Attest. A O)OE:n A An A CC! ADM
Title: city Attorney
Address for giving notices:
427 Rio Grande Place
Aspen CO, 81611
(If Owner is a corporation, attach evidence
of authority to sign. If Owner is a public body,
attach evidence of authority to sign and resolution
or other documents authorizing execution
of this Agreement.)
CONTRACTOR r—Signed by:
Adam Fortier
By:
Title: Chief Financial officer
(If Contractor is a corporation, a partnership,
or a joint venture, attach evidence of authority
to sign.)
Attest:
Title:
Address for giving notices:
License No.:
(Where applicable)
Agent for service of process:
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