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HomeMy WebLinkAboutresolution.council.012-97 e RESOLUTION # [1-- Series of 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING EXECUTION OF A CONTRACT WITH ELAM CONSTRUCTION, INC. FOR 1997 STREET IMPROVEMENTS TO INCLUDE OVERLAYS AND PAVEMENT RECONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Elam Construction, Inc. a copy of which contract is annexed hereto and made a part of. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 e The City Council ofthe City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Elam Construction, Inc. regarding street overlay and pavement replacement, a copy of which is annexed hereto and incorporated here, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen, Dated: 17ca.A..a..L- 10 ,1997 ~/~ ,ohn S. Bennett, 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 on March 10, 1997. . RES97~1.1 BID PROPOSAL FORM e Project No.: 97-002 BID DATE: 2/14/97 PROJECT: 1997 Street Improvement Program PROPOSAL SUBMITTED BY: ELAM CONSTRUCTION, 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 madein 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 ofthe 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 davs 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 hall 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 workmanshiIl shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. , I 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 BP1 ~g71.doc .BP1 ~ {?/ Contractor's Initials FEB.ll.1997 4:04PM CITY OF ASPEN NO. 797 P.6 I I I e I to make no claims for damages, anticipated profit, m: otherwise on account of any diffe~ence$ between the amount of work actual1y 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. 1 ""'by -~-""''''rADDENDUM(')__~_--.-L. E UNIT TOTAL Bm ITEM DESCRfPTION mID:. QU!NTIT'( flUCE CQST 1. Mobilization & Demobilization LS One F 141500"- $~OO. ., l. Remove & Replace concrete pan Sy 0 $QJlli... $MQ..... 2. Pavement rotomilling Sy 12950 $-lli $M;357. ~o 3. Pulverize existing pavement and , SY 1940 $~ $ b. I.{oa. 00 e subgrade to 10 inch mini1num depth 4. Asphalt saw cutting to 6" depth LF 180 $~.<;JO $ 501.{. II. I 5. Regrade and compact subgrade Sy 1940 sMO $~~g'. ,,0 to minimum 6" deJth 6. Sub-Excavation & Backfill CY 300 $.3$. ". 9 900 "" .. $- . 7. Adjust Valve Box Each 25 $~' S.J$JS. 00 8. Adjust Manhole Each 20 sJ90. '0 $ Sil?OO. - 9. Install HMA, garde ex, 2" thick sy 16900 $-5.!5 $ 'l~ 8GS, "., i 10. Install , grade ex with AC-l 0, Ton 100 $ 55.00 $..5rS.PO. ". Ul'se & per project specs.) , oulder, up to 4 feet wide, SY 0 $!1illL $Q,.QL inch thicl{ $ 1\0 .h;J SY 14130 $.oUJ ElP1 .971 .doo 'SP1 P..,02 e (\ :IRe.. COntracto(s Initials 13. Install Pavement Seal Coat (Slurry S.) SY 14840 $f\Old $ 1\0 .J,,'j 14. Pavement marking, paint (Wh;t, & Yellow) Gal. 0 $0.00 $0.00 e 15. Traffic control barricading and flagging LS One $JS.5-00, "" $ Ib,~tX>.'. including neighborhood and news media notifications. Jii" Minor Contract Revisions LS o $0.00 $0.00 TOTAL BID IN NUMBERS;J 53 7 01..{ I. <3.0 I Total Bid in Words: one hll.l"\lreJ e; ,~~ SeVeA fhpl.I~"J ,..foJ, ".e J~/L"5 .,J~. I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. A"<h"i~d om"" u....,d J!f/- // Fllllnan1eSignatur~ Company address: 1225 South 7th Street , Title: President e Grand Junction. CO R1501 Telephone number: Fax number: (970) 242-5370 (970) 74') 771 fi Attested by: d~N~ Assistant Secretary Subcontractor & Material Supplier List ,.Vame: , Phone #: Address: Service or Product: e BP1-971.doc .BP1 ~ Contractor's Initials e e e Name: DON KEHN CONSTRUCTION, INC. , Phone #: (970) 226-411 Address: 6322 SO COLLEGE, FORT COLLINS, CO 80525 Service or Product: ROTOHILLING Name: TRAFFIC CONTROL SPECIALISTS 11831 COUNTY ROAD 320, RIFLE, CO 81650 Phone#.(970) 625-4707 , . Address: Service or Product: TRAFFIC CONTROL Name: ARS 7588 STORM HOUNTAIN, LITTLETON, Address: Service or Product: ASPHALT PULVERIZATION Name: KOCH 202 4TH AVENUE, GRAND JUNCTION, Address: Service or Product: AC PG 70 - 34 , Phone #:(303)933-3040 CO 80127 , Phone #:(970) 241-1135 CO 81501 Name SCHMUESSER, GORDON, HEYER , Phone #:(970) 945-1004 Address: 118 WEST 6TH, GLENHOOD SPRINGS, CO 81601 Service or Product: SURVEYORS BP 1-971.doc 'SPl ~/- Contractor's Initials BID BOND _NOW AI' PEHSONS BY THESE' PRLSEN1 S. That we.thp. ur.der~jgned. EL~ CONSTRUC~.N' ~C. " of _~~!?outh 7th Street, ~~~n~~o ~5.~__ as Pnnc'pal, hereinafter .' referred to as "Pnncipal". and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA a corporanon orgamzed under tile laws of the SOle of Pennsyl vania . and qualified to trans;lct business in the State of Colorado. as "Surety";lee hp.ld and firmly bound unto the City of Aspen, Colorado, as obligee, hcrelnufter referreO 10 as "City.- In the penal sum of: One Percent (1%) of the Total Amount of the Bid Dollars ($ 1. lawful money of the United States of America. for the Payment of whiCh sum, wen and truly to be made to the City. we bind ourselves, and our heirs. exp.cutors. administrators, successors, and assignees. JOintly and severally. by these presents' WHEREAS, said Principal has submlttp.d a bid for construction of _~ 997 S::reet Improvement Program, Aspen, 'Colorado, Project No. 97-002 NOW THEREFORE. If the City shan accept the bid of the Pnncipal and the PrinCIpal shall enter into ;l Contruct for Construction with Ihe City In accordance wl!h the terms of such Bid, and gIVen such bor.d or bonds as may be specified in the Bid Package or Contract Documents with good und sufficient surety for the fd~hful performance of such contract and for the prompl puyment of labor and material furnished in the prosecution thereof. Or in the event of the failure of the Principal to enter such Contract for Constr uction and give such bond or bonds. if the PrinCipal shall pay to the CIty the difference not to exceed the penalty hereof betwt.'Cr. the amount specified In saie O'C and such 1,1rger amount for whIch the Pnncipal may in good faith contract wrth another party to perform the work covered by S<l,d BId, then this shall << null "nd void. otherwise to remain In full forr.e and effect In law , IGNEDANDSFALEDthls 24th _day of February _ ____._.1992 PRINCIPAL C. __ (seai) Attest:.LL...p't) fl)~._ Assistant Secretary By Tille Jar.old F. Elam. President READING, P Witness ~BY; Annette ('-;eal) ~- . Colorado (Accompany thIS bnnd With cerified copy of General Power of Attorney from th" Surety Comp,'jr.y to include !he dati' of Ihtr bond) _,.g!! doc "au: ~I 2601 BLAKE STREET SUITE 202 DENVER, COLORADO 80205 303 . 291.0270 & ASSOCIATES SURETY BONDS& INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE .OMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania , orporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in " e City of Chicago, and State of Illinois. and that they do by virtue of the signature and seals herein affixed hereby make. constitute and appoint B. R. Clark. Carol Bronder. Sheila J. Montoya. Steve Wagner. Individually of Oenver. Colorado their true and lawful Attomey(s)-in-Fact with full pewer and authority hereby conferred to sign, seal and execute for and on their behall bonds, undertakings and other obligatory instruments of similar nahJre - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney. pursuant to the authority hereby given are hereby ratified and confinned. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted. as indicated, by the Boards of Directors of the corporations. In Wibtess Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 8th day of November ,1996 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF REAOING, PENNSYLVANIA ~~ . M.C. Vonnahme Group Vice President, "<. tate of Illinois, County of Cook, ss: On this 8th day of November . 1996 , before me personally came M. C. Vonnahme , to me known, who, being by me duly swom, did depose and say: that he resid8s'Tri1iie Village of Darien ,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument: that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority I and acknowledges same to be the act and deed of said corporations. My Commission Expires June 5, 2000 CERTIFICATE \.&..,....1. Po.du.ta.. Eileen T. Pachuta Notary Public i, John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FiRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 24th day of February 1997. (Rev.7/14/95) CONTINENTAL CASUAL 1Y COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORO AMERICAN CASUALTY COMPANY OF REAOING, PENNSYLVANIA ~ John M. Littler Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: ., This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors \.fthe Company. "ArtIcle IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instnlments and to attach the seal of the Company thereto. The Chainnan of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority" of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved. that the signature of the President or any Executive. Senior or Group Vice President and the seai of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF OIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: . This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board.of Directors of the Company. "Article VI---Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive. Senior or Group Vica President may, from time to time, appoint by written certificates attorneys-in-fact to act in beha~ of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimiie under and by the authority of the following Resoiution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seaJ shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall. with respect to any bond or undertaking to which it. is attached, continue to be valid and binding on the Company." ADOPTEO BY THE BOARO OF OIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resoiution duiy adopted on February 17. 1993 by the Board of Directors of the Company. "RESOL VEO: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time,~appoint, by written certificates, Attorneys-in-Fact to act in beha~ of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact. subject to the iimitations set forth In their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the t7th day of February. 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on e February 17, 1893 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the 'l< Corporation. Any such power so executed and sealed and certffied by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." e e . CONTRACT FOR CONSTRUCTION Tb.. c:a...,. or &.p..... THIS AGREEMENT, made and entered into on , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and ET.AM CONSTRUCTION. 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: 1 CJCJ7 Street Imorovement Program 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 One hundred eightv ~even thousand forty one and 50/100 ($ 187,041.50 ) DOLLARS or as shown on the BID proposal. CC1-971.doc "'CC1 Page 1 e 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 an 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. 5. 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. e 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, e:>(ceptto 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 c. CCl-971,doc Page 2 "CC1 - - e 14. 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. 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: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: City Engineering Department City Attorney ATTESTED BY: ~. a~hJ~ Charles N. Ellsworth Assistant Secretary Title: Harold F. Elam. President 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 "CC1 - . ~ ~. CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF r.nlnr~~n ) ) SS. ) COUNTY OF Mesa On this 4th day of , 19....2L-, before me appeared March Harold F. Elam , to me personally known, who, being by me first duly sworn, did say that s/he is Presi denr of ELAM CONSTRUCTION, INC. 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. flr.A7TJD {) p~ Notary PubWc ." \ ~", -,' ~- ,,", - - 710 Hill Ave.. Grand Junction. CO SISQ1. Address . ' My commission expires: Januarv 31. 2001 CC1-971.doc Page 4 "CC1