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RESOLUTION NO. ,59
(Series of 1998)
A RESOLUTION GRANTING THE CONSTRUCTION CONTRACT TO ELAM
CONSTRUCTION, INC., FOR THE CITY'S 1998 STREETS IMPROVEMENT PROGRAM,
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 Company, Inc., a copy of which contract is annexed hereto
and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves the contract between the City of
Aspen, Colorado, and Elam Construction, Inc., regarding the 1998 Streets Improvement Project, a
copy of which is annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said contract on behalf of the City of Aspen.
Dated: ~ AM .1'.) /
,1998.
~ 17~~~~~
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy at resolution adopted by the City Council of the City of Aspen, Colorado, at a
meeting held ,1998.
RES-9803
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'-~IY OF ASPEN
P.5
NO. 442
BID PROPOSAL FORM
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Project No,: 98-015
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BID DATE:
7 -/1- C)!
pR.OmCT: 1998 Streets Improvement Project
PROPOSAL SUBMITI'ED BY: t;; (~'" {o",'\ f/'.. (!: ",.
CONTllAcmR .
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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 peISons bidding for the sante work, and. that it is lI1Ilde 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 tb,e requirements of the bid documents including the plans and specifications for this
bid., all of which have been read and examined prior to signatur\l. The bidder agrees to keep this bid open
for Sixty (60) consecutive calendar dqys from the date of bid opening.
The Contractor agrees that constroction shall start immediately following a ma~datory pre-construction
conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission
of this ptOposal 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 infonnalities 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 project. All work not specifically set forth as a pay item in the bid form shall
be considered a subsiiiiazy obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of work. Ptices shall include all COSTs.in connection with
furnishing the proper teSOW'Ces and producing successful completion of the work, including f\l:n:1i.hi"g all
materials, equipment and tools, and performing all labor and supervision to fully complete the work to the
City's satisfaction.
Poor quality, WOTM~".";P and low rate of progress and production shall not be paid for by the City. Work
product of poor quality or worl<m~".llip must be removed immediately and replaced propaly at no cost to
the City, and the rate of progress shall be enhanced and accelerated immediately to maintain the project
schedule.
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NO.442 P.6
All quantities stipulated in the bid fonn at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of work and for the putpOse 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
'. to make no claims for damages, anticipated profit, or othexwise on account of any differences betweel1'the
amount of work: actually perfoxmed and materials actually furnished and the estimated amount of work.
The City resetves the right to inc:rease 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 (15) Percent of the total bid.
I hereby aclmowledge receipt of ADDENDUM(s) numbered
J
through
4
ESTlMAI:JiD f},IMNTIU LIST
UNIT TOTAL
BID ITRM:...DESClUlTJON :um.. QJT ANTITY mell: COST
B:L,e Bid. 1998 Streets Improvement!;:
S~.OQ 00
Mobilization &: Demobilization LS One SI<bjCOO,
Remove & Dispose Concrete, Sy SO Sl/O.oo $~OO,"o
(to & inches thick, pan, driveway, sidewalk, misc.)
('"'. Remove &: Dispose Asphalt Pavement SY 28 4S pi) $ I. aGO. .0
S~
Remove Boulder, entirely or to 3 it deep EA 0 S-=-. $ -
Re10clrte Boulder, up to 4 it largest side fA 0 $ - $-=='
Rotomill Asphalt Pavement &: Dispose SY 8,361 $~ Sm.;l,8, ~S
Asphalt Detail Milling, 2 inch. deep, SY 1,650 $~. '5 S b, /87, s"
tllpered to zero inches in 20 feet
Asphalt Detail Milling, 1 3/4 inch deep, SY 165 S 1;;l,.oO $ 1.980,00
-
tapered to zero inches in S feet ~ u
Asphalt or Concrete saw cutting LF 300 S--=- sWO.Cl>
to 7 inches depth
0 S-=. -
4 foot 1.0. MH, complete in-place, incL' EA S_
(excavate, backfill, lateral tie-in, frame &: grate)
4 foot Wide Vault, complete in-place, incll $-=- -
EA 0 $-
(excavate, backtill, lateral tie-in, lid, frames, grate, WH lid)
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NO. 442
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f" BID ITEM DESCRIPTION mm:..
Base Bid. t99~ ~treets Tmorovem.ents - Cnntinued:
Regrade shoulder, up to 4 feet wide, SY
place top soil, 4 inch thick
Regrade shoulder, up to 4 feet wide, SY
place 3/4 inch stone, 4 inch thick
Install Concrete Curb & Gutter LF
(Type 2, typically 2 1/2 foot width)
Insta1l6" driveway ramp or ~' pan, SY
steel reinforced
Install Handicap Ramps, 4 inch thick :fA
IIIsta.l:l. Sidewalk, 4 inch thick SY
Install 2" ID sleeves for irrigation lines LF
Reset Signs, Parking, Street Name. etc. EA
Remove & Reset Split Rail Fence LF
o Install Sod, inc1ude1 prepping with top soil SY
Traffic control barricading and flagging. LS
Relay Sprinkler IIrigation Line LF
QU ANJ:ITY
o
152
20
42
o
o
o
o
o
16
One
o
1'10.442 P.S
UNIT
PRICE
....,
$-
."
sL
s 60....
, o.
$ 100.
$":::"
$-=-.
$-=..
$-=-
$-=....
$ /1./0.""
$ 15.000.:.
S...=-
TOTAL
COST
-
$-
$ 1,$',),0..'
$~O. ..
$ 1./,;.1.00. O.
-
$-
$-
$-
$ -
$-=,
$~40. u
$ I~. 000. Of
$-
Total Base Bid in Words: 1'........
TOTAL BID IN NUMBERS: as 7 I 'i 70, ss,
L."J,.,.j -B.:rt1 ,st-vt-... j.J..,~",.J "-.. J.."J"'t>J SL"_~ ..,J %0
~MDESCRJVJON
mm:.
Alternate" An. Mis~enalleBllS-:
Type 13 Inlet, complete in-plaGe EA
(excavate, backfill, inlet box, .frame & grate)
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gUANTIl'Y
o
UNIT
PRICE
$ -
TOTAL
CPST
$-
.~
Contractcr's Illitials
~. ,'..... ~1
l'iU.44C:: I'-'.':J
Tie-in Storm Drain Lateral to M!H
EA
o
UNIT TOTAL
PR,lCX caSJ'
--- $-
$-
5 - -
$-
$--=:'::- --
$-
mn ITEM DESCRJPTTON
UNIT
QUA'N'I n:Y
f'" Altemate "A".. MiscellaDenu~... Continued;
(4.5 it deep)
Remove Split Rail Fence & Deliver
to Owner
Rotomill Asphalt Pavement & Dispose
LF .
o
Sy
o
TOTAL ALTERNATE BID IN NUMBERS:
Total Alternate "A" Bid in Words:
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
Full name signatute:
Company address:
,Title: I~; Jp7 j
'l16s (;
Telephone nUll1ber: '110- '1~~ - ~..s 99
FaxnUll1ber: CJ?O- C).D-~q~O
'/1 !l fi-
t :J'Ohf\ R. e {1iI'"
Attested by:
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ELAM-GRJT
F-960 T-481 P-002
JUL 24 '98 08:56
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and .entered into on ~';;;;:::} A'1e:' '. by and between
the CITY OF ASPEN, Colorado, hereinafter called the" ity", a'nd 'F.U.M' r.oN"'T'~rrr'-JoTON. TN~ ,
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: 1998 Streets Improvement Project , .
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. THER::FORE, 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 descnDed
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.
The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with theterms.therein for a sum naHo exceed '$~37 ,470.55 ($
) DOLLARS or as shown on the B.ID proposal.
4,
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ELAM-GRJT
F-960 T-481 P-003
JUL 24 '98 08:56
f"
. The term 'Contract Documents" means and includes the documents listed in the City po"
Aspen General COnditions to Contracts for Construction (version GC97-2) and In 11\,
. 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.
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7. This Contract For <;:onstruction 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
Constl'uction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-Qa.,Q40. 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 hislher 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 '{'-
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 necessa'Y 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 c...
the parties hereto, and the parties agree that no construction shall be made or
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ELAM-GRJT
F-96B T-481 P-BI04
JUL 24 '98 08:57
14.
presumption shall arise for or against either party based on: any alleged unequal status of
the parties in the negotiation. review or drafling 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 :execiJting 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.
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IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
~.EDBY:
) .Adzu
/
By:
.lvtalt'f?
TItle:
~\ RECOMMENDED FOR APPROVAL:
! ~~:~ ~A
City Engmeenng Department
APPROVED AS to FORM:
By: ~cI"'.I?~
C' mey' .
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ATTESTED BY:
>.~~.
.' _Sl:ephea f;-4spar .
ASsis1:ant::~i:re~":ry
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Title: .!tiLrold F.' il_, l're.s1&ent:
......-
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.
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aRM-GRJT
JUL 24 '98 1218:S7
F-96121 T-481 P-12I121S
CERnFlCATE OF INCORPORAnON
('
(To be completed if Contractor is a Corporation)
STATE OF 'Colorado )
)55.
COUN~OF ~~ }
On this 24th day of
July
, 19..1L, before me appeared
R",,.,,7'cl F Fob", . to me personally known, who,
being by me first duly sworn, did say that slhe is . President of
Ela:m. Construction,' Ine~ 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 saRi deponent
acknowledged said instnJment 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. ' .
~ .
. A71h.>..ffi~'
Notary Publi9" AIlJl.er:te Silver
c
710 Hill Ave., Grand Junction, CO 81501
Address
My commission expires: J.anuary 31, 2001
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