HomeMy WebLinkAboutresolution.council.080-04RESOLUTION NO. ~(~)
(Series of 2004)
A RESOLUTION GRANTING CONSTRUCTION CONTRACT TO ASPEN EARTHMOVING,
LLC, FOR CONSTRUCTION OF THE 2004 PEDESTRIAN SAFETY IMPROVEMENTS
PROJECT, 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 ASPEN EARTHMOVING, LLC, 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 ASPEN EARTHMOVING, LLC, 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: ~____4,~~ c>Q_/Z,~2004.
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 t~_xa,,{4.~ c~3 , 2004.
Kathryn S. Ko~,i~fty'~erk
ENG-RES-2004-01
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on
OF ASPEN, Colorado, hereinafter called the
hereinafter called the "Contractor".
AUG 17~ 2004 , by and between the CITY
"City", and ASPEN EARTH MOVING LLC
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: YEAR 2004 PEDESTRIAN SAFETY
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, 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.
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 the terms therein for a sum not to exceed ONE HUNDRED AND SIXTY
NINE THOUSAND AND THIRTY SIX DOLLARS or as shown on the BID proposal.
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.
CC.doc Page I CC**
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10.
11.
12.
13.
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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 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.
CC.doc Page 2 CC**
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
RECOMMENDED FOR APPROVAL:
City Eng~ent-~
APPROVED AS TO F, ORM:
By: -. ............ :~'/~//~-/-¢'~
ATTESTED BY:
CONTRACTOR:
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.
CC.doc Page 3 CC**
BID
Project No.: 2004-022
BID DATE: August 16, 2004
PROJECT:,. Pedestrian Safety Improvements Project
(CONT~CTO~'
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 foi- 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 Fortv (45) consecutive calendar daF~ 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 wilt 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 an)/or all bids.
The City hall not pay the Contractor for defective worl~ 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
vanous items of work. Prices shall include all costs in connection with furnishing the p?oper 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 removed immediately and
replaced prop.eny 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
to make no claims for damages, anticipated profit, or otherwise on account of any differences between the
amount of work actualty 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 [he total bid.
hereby acknowledge receipt of ADDENDUM(s) numbered
BP-2004-O22.doc BP*
through - --
Page 1
~ Initi~ts
ESTIMATED BID.QUANTITIES
BID ITEM DESCRIPTION
MobilizatiOn & demobilization
Traffic management
Sawcut Pavement- Full Depth
(Concrete and asphalt)
Remove conc.- C&G LF 0409
Remove conc.- Sidewalk, Access ramp SY 0136
Remove conc.- Crosspan (8") SY 0044
Remove storm inlet EA 0002
Relocate street light EA 0003
(Including new conc. Pole base and PVC sweeps)
Remove asphalt pavement SY 0150
Erosion & dust control LS .0001
Unclassified excavation CY 0076
(Including removal of landscape materials)
Reset Sign EA 0001
Reset mailbox & post EA 0001
Adjust valve box to new finished grade EA 0002
Adjust Manhole to new finished grade EA 0002
Modify manhole #1 EA 0001
Modify manhole #2 EA 0001
Install Inlet - single grate EA 0003
Install one inch Diameter Elec. Conduit LF 0020
(Buried 24" deep)
Install MUTCD compliant traffic sign EA 0001
(Including concrete base)
Landscaping SF
On-site relocation of boulders EA
inst~ll Concrete Curb & Gutter LF
Conc. Pan, steel reinforced - 8' Wide CY
(With curb returns)
Install Timber Toe Wall (8" high) LF
Walkway' Tie-ins EA
BP-2004~022.doc
UNIT .QUANTITy
LS 0001
LS 0001
LF 0778
UNIT TOTAL
PRICE ,COST
$ ~3, - $' /4 <,/Cz -
$ ~,'¢, - $
$ ~5.-- $ /
$ 2~z~,- $ 6-a~,-.
$ /,oeo ,- $
$ :3~o, - $ ,.5,~o,-
0571 $
0004 '$ 2~-,- $ /oo, -
0409 $
0011 $
0010 $
0002 $ ~-5--~,- $
Page 2
Contractor's Initials
:BID_iTEM DESCRIPTION
Install Stqrm Sewei' Line - 15" Dia.
(Unit bid pdce is for RCP, Class
Geofabric Mat- Traffic Rated
Crushed screened rock under flatwork
Aggregate Base Course - Class 6
(Excludes as a pay item for pipe trenches)
Concrete Pavement - 4" Thick
(Sidewalk, Pedestrian Ramp, Pedestrian Pad, etc.)
Concrete Pavement - 6" Thick
(Drive ramp with welded wire fabric or re-bars, etc.)
Install tree grate'
Hot mixed asphalt (HMA) pavement
Pavement marking - Paint
(Crosswalks, stop bars, lane fines, etc.)
2" Dia. irrigation sleeve, 12' deep
(PVC Schedule_40, with end caps for up to 4 runs)
Site Clean-Up & Restoration
UNIT _QUANTITY
LF 0069
SY 0780
Ton 0136
Ton 0007
· CY 026.7-
.CY 02.1
(Z.~. ~
U N IT TOTAL
~PRICE C__OST
$/,ZS;- $
$ /' - $ 7,~,~,,-
$ ¢'/'z,'" $ ~;7/Z,-
$7¢5.-
$/o/s, zy
EA 0001
Ton 051.5 $ /,/$ .- $ ,¢-~]2,~, ¢z~
LF 0070
LS 0001
ITOTAL BID IN NUMBERS: $
I acknowledge that in submitting this bid it is understood tl~at the right to reject any and all bids has
been reserved by the owner.
Authorized Officer:
Full name signature:
Company address:
, Title:
Telephone number:
Fax number:
Attested by: ~ _~
BP-2004-'022.doc
BP*
.z tniti~ls
Cohtractor's
Subcontractor & Material Supplier List
Name:
, Phone #:
Service or Product:
Name:
Address:
Service or Product:
, Phone #: ¢6 :~..5- '2o0
Name: ,,~ -?
Address: ,'~',~=~,.
Service or Product:
, Phone #:
, Phone #: ..~'2~2~..~..
Name:
Address:
. , Phone #:
Service or Product:
BP,-2004-O22.doc
Bp·
Page 4
C~tials
De,etcher 23, 2003
/NS TALLA T/ON OF MISSING PEDE$TRIAN L INKS
and
RECONSTRUCTION' OF SUBSTANDARD OR FA/LED FAC/L/T/ES
The five-year pedestrian capital improvements program is an ongoing safeW
enhancement plan that its goal is to develop and maintain safer pedestrian
corridors in Aspen. The scope of program outlined in this report is based on
time-cost assessments. The actual amount of improvements will depend on
available total funds designated for this program.
Year One: $95,000 fund in 2004: (plus C&G/ADA replacement and maintenance budget)
· Crosswalks at Hopkins Avenue and Original Street; Correction of the intersectiOn
geometry, correction of drainage problem at the sOutheast comer of the intersection and
installation of ADA compliant pedestrian, ramps and connecting sidewalks.
· South West End Street, Segment-I; Dean St. to Waters Avenue.
Improvements will include completion of curb gutter links, correction of local drainage
problems, installation of pedestrian access ramps and missing sidewalk links.
Year Two: $100,000 fund in 2005 - (plus C&G/ADA'replacement and maintenance budget)
· South West End Street, Segment-II; Waters Ave. to end of the paved road.
Work under this final segment will include completion of curb gutter links, correction of local
drainage problems, installation of pedestrian access ramps and. missing sidewalk links.
· South Aspen Street, Segment-I; Main SI. to Hyman Ave.
This program includes installation of missing sidewalks, pedestrian access ramps,
replacement of damaged and/or installation of new curb gutter, and the walkway link along
Paepcke Park.
Year Three: $100,000 fund in 2006- (plus C& G/ADA replacement and maintenance budget)
· South Aspen Street, Segment-II; Hyman Ave. to Dean St.
This program includes installation of missing sidewalks, correction of minor drainage
problems, replacement of damaged curbs gutters and placement of missing sections, and
installation of new pedestrian access ramps.
· South Garmisch Street, Segment-i; Main Street to Hyman Ave.
This program includes installation of missing sidewalks, pedestrian access ramps,
replacement of damaged and/or installation of new curb gutter, and the walkway link along
Paepcke Park.
'Year Four: ($100,000 fund in 2007) - plus C&G/ADA replacement and maintenance budget)
· South Garmisch Street, Segment-II; Hyman Ave. to Durant Ave.
This program includes installation of missing sidewalks, replacement of damaged curb
gutter and placement of missing sections, and installation of new pedestrian access ramps.
· Rio Grande Place; Hunter St. alignment to Mill St.
Replacement of damaged curb gutter, correction of minor drainage issues, and
construction of ADA compliant pedestrian access ramps at several crossings in this stretch
of the road to accommodate ball field access, skateboard park, and access to other sites.
Year Five: ($100, 000 Fund in 2008)
· North side of Hopkins Avenue sidewalks; Monarch St. to Aspen St.
This project includes elimination of hazardous steps in front of the obsen/atonj house in
order to protect nighttime and wintertime sidewalk users from tripping and falling. This
pedestrian corridor lacks illumination and no other street lights can be added due to the
existence of healthy and mature street trees.
PED-PROJ2OO4-o1A