HomeMy WebLinkAboutresolution.council.013-97
-
.
.
RESOLUTION# 13
Series of 1997
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AUTHORIZING EXECUTION OF A CONTRACT WITH
INTERMOUNTAIN RESURFACING, INC. FOR 1997 STREET IMPROVEMENTS
TO INCLUDE SLURRY SEALING 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 Intermountain Resurfacing, 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
The City Council ofthe City of Aspen hereby approves that contract between
the City of Aspen, Colorado, and Intremountain Resurfacing, Inc. regarding street
slurry sealing, a copy of which is annexed hereto and incorporated here, and does
hereby authorize the City Manager to e~ecute said contract on behalf of the City of
Aspen,
Dated:~Me.AJ /0 ,1997
r /~~-
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 ofthat resolution adopted by the City Council
ofthe City of Aspen, Colorado, at a meeting held on March 10, 1997.
-......
REsn..ll
~
..
~
'.
.
BID PROPOSAL FORM
DWp,YrJe- 4 At SL[ P
31>3 ~~ 7 o7SO
I!.~ ::'05 4-7S-
~34-7
Project No.: 97-002
BID DATE: 2/14/97
PROJECT:
1997 Street Improvement Program
PROPOSAL SUBMITTED BY:
/
Intermountain Resurfacing, 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 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 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 workmanship shall not be paid for by the City. Such work product must be relnoved
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
BP 1-971 ,doc
.BPl
Page 1
(A/b f'
Contractor's Initials
to make no claims for damages, anticipated profit, or otherwise on account of any differences between the'
amount of work actually performed and materials actually furnished and the estimated amount of work.
e
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 ofthe total bid.
I hereby acknowledge receipt of ADDENDUM(s) numbered ~ through (
ESTIMATED QUANTITYLIST
UNIT TOTAL
BID ITEM DESCRIPTION UNIT QUANTITY PRICE COST
1. Mobilization & Demobilization LS One $- $ A)I)
1. Remove & Replace concrete pan SY 0 $0.00 $0.00
2. Pavement rotomilling SY 12950 $- $~
e , Pulverize existing pavement and SY 1940 $- $ t\\ P;,
J.
subgrade to 10 inch minimum depth
4. Asphalt saw cutting to 6" depth LF 180 $- $ fYb
5. Regrade and compact subgrade SY 1940 $- $ (\I,B
to minimum 6" depth
6. Sub-Excavation & Backfill CY 300 $- $ {\\f3:,
7. Adjust Valve Box Each 25 $- $ 1\1.6
8. Adjust Manhole Each 20 $- $ 1\1E
9. Install 2" thick (HMA) SY 16900 $- $IID
10. Grade "CX" HMA, variable thickness SY 0 $0.00 SO.OO
pere project specs.
11. Regrade shoulder, ~p ~o 4 feet wide, SY 0 $0.00 $0.00
minimum 3 incil thick
12. Install Chip Seal SY 14130 $- $JtB
e BP1.971,doc 'BP1 Page 2
L ."<) r'
Contractor's Initials
13. Install Pavement Seal Coat (Slurry S.) SY 14840 $ 1.74 $25821.60
14. Pavement marking, paint (White & Yellow) Gal. 0 $0.00 $0.00
e 15. Traffic control barricading and flagging LS One $- $N/B
including neighborhood and news
media notifications.
lQ." Minor Contract Revisions
LS
o $0.00 $0.00
TOTAL BID IN NUMBERS:25821. 60
Total Bid in Words:Twenty five thousand eight hundred twenty one dollars and
51Xty cents
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: W GREG PAUKOVICH
Full name signature: ~~~
Company address: 1115~ WAY
WESTMINSTER. CO 80020
, Title: PRESIDENT
POBOX 2078
e
BRPOMFIELD. CO 80018
Telephone number:
303 696 1556
Fax number:
303 439 8439
Attested by:
~4-z a1,~
DONNA M ROMERO, CORP SEC
Subcontractor & Material Supplier List
Name:
WESTERN MOBILE
, Phone #:800 332 6450
Address: POBOX 368 GLENWOOD SPRINGS: CO 81602
Service or Product:
AGGREGATE
.
BP1-971.doc
"BP1
Page 3
/vlJP
Contractor's Initials
~
'w
e
.
Name: KOCH MATERIALS
, Phone #: 793 0980
Address:
6880 S YOSEMITE STE 100
80112
ENGLEWOOD, CO
Service or Product:
CQS1H EMULSION
Name:
, Phone #:
Address:
Service or Product:
Name:
, Phone #:
Address:
Service or Product:
Name:
, Phone #:
Address:
Service or Product:
Name:
, Phone #:
Address:
Service or Product:
BP1-971.doc
*BP1
Page 4
ILl!;/'
Contractor's Initials
BID BOND
_ow ALL MEN BV THESE PRESENTS, that we, the undersigned, INTERMJUNTAIN RESURFACING. INC.
\~ Principal, and I NSlIRANCE COMPANY OF THE WEST ' as
Surety, held and firmly bound unto City of Aspen In the penal sum of FIVE PERCENT OF TO TAL AMOUNT
B I 0- _ _ _ _ _ - - - - - - - - - - - (5%) - - - - - - - - - - - - - - for the payment of which,
well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.
Signed this 24TH day of FEBRUARY , 19 ~. The condition of the above obligation Is such that'
whereas the Principal has submitted to City of Aspen, a certain BID, attached hereto and hereby made a part hereof to enter
Into a contract In writing, for the PROJECT NO. 97-002, 1997 STREET IMPROVEMENT PROJECT
NOW, THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract In the Form of Contract attached
hereto (properly completed In accordance with said Bid) and shall furnish a Bond for his faithful performance of
said contract, and for the payment of all persons performing labor or furnishing materials In connection
therewith, and shall In all other respects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void, otherwise the same shall remain In force and effect; It being expressly understood and
..eed that the liability of the Surety for any and all claims hereunder shall, In no event, exceed the penal, amount of this
ligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and Its Bond shall be In no
way Impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does
hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are
corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
I NTERMOUNT A I N RESURF AC I NG. I NC. (L.SJ
B'~",w~) ark
By:
L
Attorney-in-Fact
eORT ANT .-
Surety companies executing BONDS must appear on the Treasury Department's most current
list (Circular 570 as Amended) and be authorized to transact business In the state where the
project is located.
SG-3627/EP 7/93
Insurance Company of the \Vest
HOME OFFICE: SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY
.W ALL MEN BY THESE PRESENTS That INSURANCE COMPANY OF THE WEST. a Cal,lorn'a Corpora"on. does hereby appo,nt
DON R. BROYLES, FRANK C. PENN, KATHRYN K. SHANKS, DILYNN GUERN, KEVIN P. LORENZ,
PAMELA J. HANSEN, LISA M. LOEFFLER, CATHERINE S. SELLITTO, BRUCE H. LOWDERMILK,
ItS true and lawful Attorney(s)-in-Facl, with full power and authority, to execute. on behalf at the Company. fidelity and surety bonds, undertakings.
and other contracts of suretyship at a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board
of Directors on the 22nd day 01 November, 1994, which said Resolution has not been amended or rescinded and of which the follOWing is 8
true copy:
"RESOLVED, that the Chairman of the Board. the President, an Executive Vice President or a Senior Vice President of the Company,
and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given, Power of Attorney to execute
on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto
the seal of the Company; provided however. that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the
signatures and seal of any notary. and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile:
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
this 22nd day of December 1994,
-E OF CALIFORNIA
WNTY OF SAN OIEGO
INSURANCE COMPANY OF THE WEST
ss:
On this 22nd of December, 1994 before me personally appeared John L. Hannum, Senior Vice President 01 INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on be halt of which he
acted, executed the instrument.
WITNESS my hand and official seal.
CERTIFICATE:
I A - - - - ~ i ~ - ~ - ~ ~f
@...NORMAPORiER
~'. " COMM.~26ol4 ~
i ~ "C!" _ Notory Pvblic..cc~fomla !:
, ' SAN DIEGO COUNlY (
J My comm. expires JAN 14.1996
.....-... ... ... ... ..- ...- ... -.. ... ...- ..- .... -
)111Y21H A / IL~/> ,.~
Notary Public
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY,
of which the foregoing is a true copy, is still in full force and effect. and that this certificate may be signed by facsimile under the authority
of the above quoted resolution.
IN WITNESS WHEREOF.
Febru8,ry
have subscribed my name as Vice President, on this
19 97
24th
day of
a,
'.
INSURANCE COMPANY OF THE WEST
~ ~tttttf~l;
, . - .
E. Harned DaVIS, VIce President
ICW 37
Mar-06-97 01:39P IMR/DDNNA M ROMERO
-
.
.
303-439-8439
P.04
CONTRACT FOR CONSTRUCTION
: . ori... e.... .r ~....!_~~._"
THIS AGREEMENT, made and entered into on , by and between
the CITY OF ASPEN, Colorado, hereinafter called the "City", and Inlermouncain
R"slJrfacin",. 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: I'rn I 97-002 .
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 Decum.ents
and comply with the terms therein for a sum not to exceed Twenty five cholJsand nght
hundred twenty One dollars 60/100($ 2.~.821.60 ) DOLLARS or as shewn on the
BID proposal.
CC1-971.tloc
Page 1
"CCl
-
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 t~.
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.
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
0r 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.
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 0'
obligations hereunder without the written consent of the other party.
8.
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 t
the parties hereto, and the parties agree that no construction shall be made or
CC1-971.doc
Page 2
~CC1
Mar-06-97 01:40P IMR/DONNA M ROMERO
~
'.
'e
(.
303-439-8439
P.05
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.
ArrESTED BY:
CITY OF ASPEN, COLORADO
By:
Title:
RECOMMENDED FOR APPROVAL
APPROVED AS TO FORM:
By:
City Engineering Department
City Attorney
- .'
ATTESTED ~Y:
~".,~.
, ...."' :.J. -:-
. -.:. l,
~k
CONTRACTOR:
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.
CC'-971.doc
Page J
"CCl
Mar-OG-97 01:40P IMR/OONNA M ROMERO
,."',
'.
"
...
(.
303-439-8439
P.OG
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF COLORADO
)
) 55.
)
COUNTY OFJEFFf.R50N
On this 6th
day of
, 19~, before me appeared
March
II ere Pau vich . to me personally known. who,
being by me first duly sworn, d' Presidenc of
lntermolln l ai n Resurfaci 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.
"..~..""'" ,
,.,,~~I>. "". Ito-..,
:00.,' ...\:\.... .......:VfO:;:(l
.~'~""'... -.."0'
{'~'~a\ AR ~\ \
]: ~ ; ~
:: : -y-v-v : =
l '. PUBLIV/c:,/
%<fl;.... .....5:5"...
....;.., -,.",/"f'........ \\~.:r-".
'1/". OF co\.: '
~, ", ,
M'tlMq /L{~. )
~ Notary Public - Donna M Romero
11152 Chase Way
WestmInster, Go 80020
Address
My commission expires:
June 30, 1999
CC1.9f1.0oc
Page 4
"cel