HomeMy WebLinkAboutresolution.council.012-04RESOLUTION NO.
Series of 2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT SETTING FORTH THE TERMS AND CONDITIONS
REGARDING CONSTRUCTION OF CEMETERY LANE TRAIL IMPROVEMENT
PROJECT PHASE 2-1, BETWEEN THE CITY OF ASPEN AND ASPEN EARTH
MOVING, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE
SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for
Construction of Cemetery Lane Phase 2-1, between the CitY of Aspen and Aspen Earth
Moving, a tree and accurate copy of which is attached hereto as Exhibit" '"
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Contract setting
forth the terms and conditions for Construction of Cemetery Lane Trail Improvement
Project Phase 2-1, between the City of Aspen and Aspen Earth Moving, a copy of which
is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City
Manager to execute said agreement on behalf of the City of Aspen.
Aspen
INTRODUCED, READ AND ADOPTED bY the City Council of the City of
o.n rheem, day o _~___~004. ~
Helen Khli .n'K1/thi~md, 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 Asp en, Co lOrado, at a meeting, held on the d~~ C ./ ._ ,,Jle~r~'~~
Kathryn S. ~961~, City
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on ' y and between the
CITY OF ASPEN, Colorado, hereinafter'called the "City", and A~pen'~arthmoving~ 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: Cemetery Lane Trail Improvement Project
Phase 2-'1, 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 determiqed anddeclared the C0n~ractor to be the lowest
responsible and responsive bidder for the said Work and' haSduly 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:
The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
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.
o
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 indi.cated in the Special Conditions unless the
time is extended in accordance with. appropriate provisions in the Contract Documents.
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 Two Hundred Seventeen
Thousand Four Hundred Fifty Three Dollars and no cents ($217,453.00) DOLLARS
or as shown on the BID proposal.
CC1-971 .doc Page I "CC1
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10.
11.
12.
13.
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.
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.
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.
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.
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.
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.
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.
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.
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 oi' 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~ASPE~ COLORADO
Title:
RECOMMENDED FOR APPROVAL:
i.m .t
APPROVED AS TO FORM:
CONTRACTOR:
By:
Title:
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 .)
On this day of
,20 , before me appeared
, to me personally known, who,
being by me first duly sworn, did say that s/he is of
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 ~n this certificate first above
written.
Notary Public
My commission expires:
Address
CC1-971 .doc Page 4 **CC1
ASPE, N
EARTHMOVING
Project No. 2003-037
Bid Date: October 23, 2003
Project: Cemetery Lane Trail Improvement Project Phase 2-1
Proposal Submitted by: Aspen Earthmoving
TO: The Goveming Body of the City of Aspen, Colorado
Contractor's Qualifications and Capacity:
Aspen Earthmoving LLC has performed work for the City of Aspen for the
last 20 years. We are currently constructing the 2003 City of Aspen
Pedestrian Improvements and just recently completed the Stage Road
Project. We have enough capacity, as do our subcontractors to take on this
project.
Experience:
Aspen EarthmOVing has constructed trails, soft surface, asphalt and concrete
from Emma to East of Aspen. Costs of projects have ranged from thousands
of dollars to over a million dollars in value. Pitkin County, Town of Basalt
and RFTA are all clients of Aspen Earthmoving involved in trail work.
Team Composition:
Richard Stevens will be the Project Manager for this project. He has 30+
years experience in ail types of construction. Our prime subcontractors,
Jewkes Concrete and Elam have all worked to successful completion of
many of our projects.
We will be employing Sopris Engineering as our surveyer.
P.O. Box 1090 Carbondale, Colorado 81623 970-963-0377 Fax 963-2247
BID PROPOSAL FORM
PROJECT NO:
2003-037
BID DATE:
PROJECT:
October 23rd, 2003
Cemetery Lane Trail Improvement Project Phase 2-1
PROPOSAL. SUBMITTED BY:
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 $ixtv (60) consecutive calendar dalzs from the
date of bid 'opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-
construction conference held by the Parks 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 t9 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 prQect. 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.lab0r 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
ESTIMA TED QUANTITY LIST
BID ITEM DESCRIPTION
CLEARING AND GRUBING
REMOVAL OF CURB AND GUTTER
SAW1SqG ASPHALT MAT
REMOVAL OF ASPHALT MAT
ENmANKS,LENT MATERLAL (COMPLETE IN PLACE)
TOPSOIL (COMP.LETE IN PLACE)
· EROSION LOGS (WEEZ) FREE)
'SILT FENCE
RESET MAILBOX (TYPE ~)
RESETMAILBOX (TYPE 2)
RESET 'GROUND SIGN
ADJUST MANHOLE
~SET FENCE
EROSION BLANKET (STRAW)
AGGREGATE BASE COURSE (CLASS 6)
HoT'MIX ASPHALT (LEVELING)'(GRADING SX)
(XCl0F). '-'
.'BOULDER RETArdING WALL
FENCE WbOD (SPECIAL)
CONCRETE BIKEWAY (6 INCH) (COLORED) ..
GUTTER TYPE 2 (4 FOOT)
TIMBER SIGN POST 4X4 INCH
SIGN PANAL (CLASS 1)
CONSTRUCTION SURVEY
MOBILIZATION.
EPOXY PAVEMENT MARKING
CONSTRUCTION TRAFFIC CONTROL
UNIT QUANTITY'
L'S
LF
LF
SY
CY
LF
LF
EA
EA
EA
EA
LF
LF
CY
TON
SF
LF
SY
LF
LF
SF
LS
LS
SF
LS
TOTAL Bm IN NUMBERS:~Z/'7,
7~
1
8
243
164
1695
246
106
8t9
3
1
3
255
863
32
1306
96
1084
47
52.75
8.5
1
1
407
UNIT
PRICE
~.-
I Go · -
io.-
I,-
TOTAL
COST
*_._Z~._%_- ...........
I V SW3 .-
!
~3~, -
ZqST,-
s_ ........ _.S_..!.g._-_ .................
l acKnowtea=e mat m suomzmng this bid it is undersfood that the right to reject any and all bids has
been reserved by the owner.
Authorized Officer:
'. ,
Company address:
Telephone number:
Attested by:
Subcontractor & Material Supplier List
Address:
, Phone #: ~2~2,a~f.
Product.'
Name:
Address:
, P~one #:. -~?fzT/5/. ,
Service or Product: '
Name:
Address:
, 'Phone #:
Service or Product.'.
Nam e:
Address:
Service or Product:
, Phone #:
Address:
Service or Product:
, Phone #:
Address:
, Phone #:
Service or Product:
AFFIDAVIT OF COMPLIANCE
Cemetery Lane Trail Improvement Projeet Phase 2~1
PROJECT NUMBER: 2003-03.7
The undersigned 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 wili 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 part'of the Contract with the City of Aspen.
'Attest:'
Corporate Seal
STATE OF COLORADO
C0ntracmr
By:
)
) ss.
)
COUNTY
~ -
Bdfore me f.~--~,a,t'-~F/-/q ~.--~--~ ~-{~.~---~ ,a notary public and for
County, Colorado personally appeared
me personally to be the person(s) whose signature(s) in my Presence this
(~_Z--O.~IQ... , A.D. 20o.5B.
My commission expires: ~"/{ [/~>%--OO''~
known to
day of
Notary Public ~ -~'~
CEMETERY LANE PHASE 2 TRAIl. PROJECT
Comprehensive Phase 2 Project Budget, OPTION 2
Attachment B
Aspen Parks Department
17-Feb-04
EXPENDITURE TOTAL COST
PHASE 2 DESIGN
Geotechnical Engineering (Phase 2-River cross' 1
Survey (2003 additional areas) 1
Engineering Fees:Phase 2 C.D.'s 1
Engineering Fees:Phase 2 C.O. (2003 est.) 1
Consultant Fees:PitCO 1041 Hazard Review 1
& CMAQ grant acquisition
Consultant Fees:PitCO 1041 Hazard Review 1
PitCO 1041 Hazard Review Fee 1
Allow
Allow
Allow
Allow
Allow
Allow
Allow
488.00
931.00
75,000.00
8,000.00
11,822.00
363.00
1,750.00
Total Phase 2 Design
PHASE 2 CONSTRUCTION COST
Pt. 2 private property easement payments
Ph. 2-1 construction cost estimate, 7/21/03
Pt. 2-1 construction bid
Phase 2 Contingency
Pt. 2-2 consfruction bid, 9/29/03
Ph. 2-2 River crossing bridge, 9/29/03
Ph. 2 sewer line relocation & protection invoice
Ph. 2 Design Project Manage (city staff)
Ph. 2 Const. Management (city staff)
Allow
(not Included)
Allow
Allow
Allow
Allow
Allow
.Allow
Allow
98,354.00
4,000.00
262,000.00
217,453.00
44,547.00
1,336,491.00
160,206.00
125,958.00
6,000.00
35,000.00
Total Phase 2 Construction Costs
1,929,655.00
Phase 2 Design & Construction
Total Project Cost
2,028,009.00
2,028,009.001
FUND SOURCE
PHASE 2 PROJECT FUNI) SOURCES
Carryforward/Balance of Phase 1 Funds
2001 1/2 cent Bond
Pitkin County Open Space/Trails
October 03' Council Approved Additional funds
CMAQ Grant
AMOUNT
10,000.00
1,400,000.00
150,000.00
307,252.00
160,757.00
Total Phase 2 Funds 2,028,009.00