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HomeMy WebLinkAboutresolution.council.134-17 RESOLUTION #134 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GOULD CONSTRUCTION INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Aspen Highlands PRV Pump Station Addition, between the City of Aspen and Gould Construction Inc., a true and accurate copy of which is attached.hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Aspen Highlands PRV Pump Station Addition, between the City of Aspen and Gould Construction Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Counci of the City of Aspen on the 9`h day of October, 2017. Steven"SkE dron, Mayor I, Linda Manning, 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, October 9, 2017. Linda Manning, City Cl rk ]be 01l4 orpspen CONTRACT FOR CONSTRUCTION ciiYpimrnes�o�ioe THIS AGREEMENT, made and entered into on October 9, 2017, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and GOULD 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: 2017-50136 ASPEN HIGHLANDS PRV PUMP STATION ADDITION, 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 THREE HUNDRED SIXTY TWO THOUSAND SIX HUNDRED EIGHTY DOLLARS ($362.680.00) or as shown on the BID proposal. CCI-971.doc Page 1 "cct i 5. 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. 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. 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. 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. CCI-971.doc Paget "CC1 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 i 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. 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. 15. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the. same counterpart: Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATT STED BY: CITY OF ASPEN; CO ORADO I By. �2 Title: %S ( - L Il Y APPROVED AS TO FORM: By: ,,Oity Attorney ATTESTED BY: CONTRACTOR: CCI-971.doc Page 3 "Cc7 �iouod eb,,.sA(1c fi a1(ke-- By: rb kd ArK.G —0LIX b - Title: ef0, CFO 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. i i I I i CC1-971.doc Page 4 "cc1 CERTIFICATE OF INCORPORATION . (To be completed if Contractor is a Corporation) STATE OF e0lor'"o ) n/� COUNTY OF CIM g-A� )) SS. On this ZnA. day of OC 20ja�_, before me appeared MArk G• t-td.cld to ,me personally known, who, being by me first duly sworn, did say that s/he is Coco U-o of Goad VII°. 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 i deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. I Notary Public KIMBERLY D. OCHKO Notary Public State oColorado 41WN NotaryI01200140037 16 Address M Commission Es irts02.22282 My commission expires: &W611 23, 70?- CCI-971.doc Page 5 "cc1 Certification and Supplemental Conditions to Contract for Services - Conformance with 0-17.5.101, et seq. Purpose. During the 2006 Colorado legislative session,the Legislature passed House Bill 06-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled"Illegal Aliens— Public Contracts for Services."This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program"means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor"means a person having a public contract for services with the City of Aspen. "Public Contract for Services"means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services"means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101,C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. i The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five(5)days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three(3)calendar months thereafter,until Contractor is accepted or the public contract for services has been completed,whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- 102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Public Contract for Services: Contractor: LQG� �'orlSui'�h �L By: '0 Ge-171L Title: / /up 9142 JPW-saved: 12/152010-867-M:\city\cityatty\mntmct\fort \certification-M46-1343.doc i l 1 I i i BID PROPOSAL FORM PROJECT NO: 9016-09 2017-50136 BID DATE: 2:00pm, September 2017-50136 PROJECT: 2416--059—HIGHLANDS P/R(V\PU/MP STATION ADDITION PROPOSAL SUBMITTED BY: �'C7ctla nll\154C,1(41011/ f S/VC 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 Six 60 consecutive calendar days from the date of bid opening. - The Contractor agrees that construction shall start immediately following a mandatory pre- construction conference held by the Water 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 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 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' removed immediately and replaced properly at no cost to the City. 00400-1 03-38.03:812812017 - 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 actually 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 Tiventy Five(25)Percent of the total bid. By signing this document, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States;and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby ackn wledge ec rpt ofADENDUMO putt tiered t1r}ough Z oA CD✓`z p eh cl q rc L.i/✓.NDL LTJ//ItP �sJ o / Nva C 5a 1 / C04//l19-C�`L tL-LL' , 1t7C £SFcs.«�L.cG_ !✓FFCL-�� 2.s1 `t.lh!2�, .ScLECC / .�S Y7 LC,)- A. ESTIMATED QUANTITYLIST s peP«� Vii, v es Item Amount # Description Approximate Quantity, and Unit Price of Bid 1. HIGHLANDS PRV/PUMP STATION ADDITION: HIGHLANDS PRV/PUMP STATION ADDITION: Construction of the Pump Station Addition; including demolition/disassembly of piping as shown, construction of new superstructure including concrete cutting and demo, concrete work, masonry, carpentry, roofing and exterior finish (to match adjacent LDS church building), heating and ventilating (unit heater, exhaust fan, louvers, dampers, duct work, etc.), painting, new stairs, railings, crane rail, hoist, and . interior finish; pipe work as designed using recycled existing fittings/valves as shown as well as installation and furnishing of new fittings, valves, bypass piping, taps, gauges, hose bibs, sump pump and piping of two new vertical 30 HP pumps, pipe supports restraining systems, and all other mist piping and fittings required to complete the PVR/Pump Station Addition installation are to be included under this contract;; excavation and backfillwith finish grading as needed to reshape the site as shown on the Drawings; 00400-2 0336.03:WO M17 - Item Amount # Description Approximate Quantity, and Unit Price of Bid rock retaining walls, final cleanup and startup, Coordination with Electrical, soils testing, and controls, Operation and Maintenance Manuals; Asbuilts (civil, elec and controls), grading per the drawings, including all miscellaneous work items not specifically itemized herein but required by the Drawings and/or Specifications and as needed for the completed, working installatign; for th�lurjp sUm price of� . J 4..t,c�U wLrif. -�t-L. (Words— Lump Sum not to Exceed) (Total) (Figures) 2. Pump Station Electrical Work to include all electrical items, interior and exterior electrical, control, and power conduits, all interior and exterior electrical and control wiring, sensors, connections, electric meters, disconnects, temporary and permanent power, all electrical and control wall penetrations, and all other items required to provide a complete operational pump station. Exterior electrical work shall include all items needed to provide the new service to the pump station, including coordination with Holy Cross, buried conduit and cable from transformer to pump station, excavation and backfill, etc). The work included for this item is all coordinated with TLECC for supplying the installation of the controls only, TLECC will supply and assist in installatiohn of/all 'nControls. ,7 r/ 3' ( ords— Lump Sum not to Exceed) Total (Figures) PRV Pump Station Station SCADA/Controls: Work to include supplying all control items, providing control equipment, control sensors, control connections, and all other SCADA Control Specific.items required to provide a complete operational pump station. This item is to be a quote from TLECC for this work, See quote in SCP's.Work included coordii ation with electrical contractq{. p $ '�y f'y5 (Words—Lump Sum Not to Exceed) 00400-3 03.36.0302WOV i Item Amount # Description Approximate Quantity, and Unit Price of Bid (Figures) (Total) 4. Mobilizations: All cost to mobilize all equipment, materials, office, storage, and staff to the job site Lump Sum @: cC.e 1 1. W;1.1`cLa.2a•i,/, )C,,t-z- v<� (Words it Price) (Figures) (Total) 5. Erosion Control and Drainage: Supplying all labor and materials to install and maintain all erosion control and any drainage requirements in all areas during the construction of the Highlands PRV/Pump Station Addition, including site access, silt fences, and all other areas of the contract per the $ per the Pitkin County Erosion and Control Standards for the (Total) Lump Sym Price of ltca�� i '1Zaj w- ( ords— Lump Sum Price) 6. Revegetation and Additional Plantings: Supplying all labor and materials to revegetate the site and install all additional planting per the City of Aspen Parks Revegetation plan and specifications for the Lump tSum Price(of YYLr�,•,.e, w,���.e CI e��Afl.s $ (Words— Lump Sum ric') (Total) 7. /qd4 ARC. rci.5/1 �/1zA,2� dN ��aa i{ Rem � 4 Oa o a1 RLcc>+,C i1 {us�Ae a� l-�f =tL�RY EmT � TOTAL BID (items 1- 6) Total Bid in Numbers: 4- Total Bid in Words: l/ Y� ✓ N CL F� � � L4--- lul vAc�� Ca p cv cu,/TLc /e4 Lti-pec( La 7 Nt' .-/— - `L4,ill"JAh-J'-.. L c 00400-4 03-36.03:8/28/2017 I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the own r. Authorized Officer: �� ��" A1C o Title: lei Full name signature: Company address: PCS P -. 13C Telephone number: �/7C ?15-7 51 J 6 Email Address: f" k Q (c�J� ��.5 <'`<<7 0� •�° Attested by: 00400-5 03-36.03:6/26/1017 ' P.O.Box 793 /`�(� Morrison CO 80465-0793 303- 97-044 AECC Fax: 303-697-0450 Timber Line Electric 8 Control Corporation Lori n.TLECC.net SCOPE OF WORK DATE: 09/20/2017 PROJECT: City of Aspen—Highlands PRV/Pump Station Addition QUOTATION NO. J5209 Addendum's received: 1, 2 Timber Line Electric&Control Corporation's (TLECC) quotation for the above referenced Project includes equipment and materials specified below, and is limited to the equipment listed in the following Bill of Materials. EXCEPTIONS All electrical conduit and cabling for primary devices and telemetry panels as well as termination of all primary devices to telemetry panel by electrical contractor. • Installation of all instruments, telemetry panel and electrical gear to be completed by Electrician including all wiring, conduit and terminations. • Unless specifically noted below, Short-Circuit / Coordination Study / `._ARC Flash Hazard'Analysis is not included. • Existing tank level transmitter. • Electrical field testing. • Lighting Controls. • Lightning protection systems. • HVAC manual motor starters. • Junction and pull boxes. • City or state taxes not included. • Sump Pump with integral float per Addendum 2 not included. • 6" McCrome'ter Mag Meter not included. Pricing information located on page 4 of Meters - Section 11220.3.2 Sole Source Meter Quote in project specifications. • Strut and mounting hardware for outdoor CT enclosure not included. i QUOTATION 09/20/17 Page 2 This quote is s eci acally limited to the listed items below./ Bid Item Description Pricing 1 Electrical gear includes: • CT Metering Enclosure,NEMA 3R • Service Entrance Rated Heavy Duty Safety Switch; 150A; 600V; fused;NEMA 3R • Surge Protective Devices (qty. 2) • Panelboard—H; 225A, 480Y/277V, 3 phase, 4 wire, 14KAIC • Mini Power Center—MPC; Transformer—XFMR; IOkVA, 480V- 120/240V, 1 phase;Panelboard—L 2 Ship Loose Instruments include: • Pressure Transmitter(qty. 2) • Temperature Transmitter(qty. 1) • Float Switch; Water on Floor(qty. 1) • Intrusion Switch (qty. 1) • Smoke Detector(qty. 1) • Antenna, 2"Mast and Feed Line equipment 3 RTU/Soft Starter Control Panel includes: • Hoffman enclosure; 60"x 48"x 12", 2 door floor mount;NEMA 12 • Motorola; ACE 3680 RTU,UHF radio, Mixed I/O module, battery, power supply • Motorola 3-slot rack and chassis • Red Lion;PAXP Smart Process Meter(display tank level) • Soft Starter; 66A (qty. 2); pilot devices,HOA, elapsed time meter (for each soft start) • Computer screen development • 3 days—Start-Up 4 Additional Required Electrical Gear(see Note 2 below): Manual Transfer Switch; 200A• NEMA 3R Total Price Electrical—Item 2 Bid Form: $19,840.00 Total Price SCADA/Controls—Item 3 Bid Form: $36,650.00 Total Price ofQuote: $56,490.00 Notes: 1. Bid Item 2 and 3 above included in quote J4515, shown in specification section . 16910, with the addition of a smoke detector. Bid Item 1 includes all electrical gear shown on the one-line drawing (E1)with the exception of the soft starters which will be mounted in the same control panel enclosure as the Motorola RTU. 2. Bid Item 4 includes pricing for a Manual Transfer Switch now required by Aspen per phone conversation with Charlie on Thursday, September 14`h 3. A two year warranty is included. 4. Freight to the job site is included. DELIVERY TIMES; • Submittals will be delivered '5 weeks from receipt of purchase order or contract. • Instrumentation equipment and radio telemetry units will be delivered no sooner than '8 `weeks from receipt of approved submittals. If an order should result from this quotation,please reference the above quotation number and address the order as follows: Timber Line Electric&Control Corporation P.O. Box 793 Morrison,CO 80465 TERMS: • All prices include delivery to job site unless noted. • All quotations issued and orders received by TLECC are subject to final acceptance by a corporate principal. • Shipping dates are based on the best information available from equipment suppliers AT THE TIME OF THE QUOTATION. • Quote is valid for 30 days. Thank you for the inquiry. Timber Line Electric&Control Corporation Lori Rohach Our Mlssion: To And opportunities to delight our peers and customers by making the complex simple.