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HomeMy WebLinkAboutresolution.council.023-07 RESOLUTION NO. t ~ Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR CONSTRUCTION OF THE BURLINGAME PEDESTRIAN TRAIL, BETWEEN THE CITY OF ASPEN AND GOULD CONSTRUCTION, AND AUTHORIZING THE MAYOR OR 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 Construction of Burlingame Pedestrian Trail, between the City of Aspen and Gould Construction, a true and accurate copy of which is attached hereto as Exhibit "A"; 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 for Construction of Burlingame Pedestrian Trail, between the City of Aspen and Gould Construction, 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. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the~ day orJn~ 2 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 on the day her inabove stated. Kathryn S. G: Ilara IRESOSIBurlingametrail.doc BURLINGAME-DOUBLE BARIX TRAIL Comprehensive Project Cost Estimate Design Development A't'tachmen't ' A' Aspen Parks Department 19-Mar-07 EXPENDITURE TOTAL COST DESIGN City Staff Payroll 2007 Engineering Fees: Const. Docs. (2007) Survey Fees: Harmony Road (2007) Office AdministrationINotices 2007 Subtotal Design Costs Allow Allow Allow Allow 20,000.00 67,480.00 1,200.00 1,000.00 89,680,00 TRAIL INFRASTRUCTURE-GEN. CONDITIONS-Bid by Gould Construction Clearing and Grubbing I Allow Construction Surveying I Allow Mobilization I Allow Subtotal Common Lump Sum Project Items 12,000.00 19,360.00 39,820.00 71,180.00 TRAIL INFRASTRUCTURE- Bid by Gould Construction (PATHS 0-4) Unclassified Excavation (CIP) Embankment Material (CIP) Structure Excavation Structure Backfill Topsoil (4" complete in place) Erosion loglbales Silt Fence Reset End Section (n/a-new const.) Reset Outlet Protection (n/a-new const.) Aggregate Base Course (class 6) Bituminous Bikeway (3" depth) Boulder Retaining Wall Trail Delineators (flexible)(type I) Epoxy Pavement Marking Concrete Class D (Wall) Masonry Veneer (concrete wall) Reinforcing Steel (Epoxy coated) 15" Corrugated Steel Pipe 18" Corrugated Steel Pipe Fence (Temporary) Subtotal Path 0-4 Section 931 CY 2,425 CY 709 CY 360 CY 1,090 CY 12 EA 1.891 LF 2 EA I EA 890 CY 570 TN 2,904 SF 8 EA 160 SF 216 CY 2,372 SF 27,811 LB 21 LF 24 LF 2,131 LF 16.00 20.50 24.00 58.00 19.00 51.00 3.20 0.00 0.00 49.80 147.00 35.00 50.00 9.00 825.00 60.00 1.20 75.00 85.00 11.00 14,896.00 49,712.50 17,016.00 20,880.00 20,710.00 612.00 6,051.20 0.00 0.00 44,322.00 83,790.00 10 1,640.00 400.00 1,440.00 178,200.00 142.320.00 33,373.20 1,575.00 2,040.00 23,441.00 742,418.90 ITotal Gould Constuction, Inc. Contract Work Scope 813,598.901 CONSTRUCTION COST SUMMARY.HARMONY ROAD CROSSING (PATH 0) Fence (Special-72") 337 LF 20.00 Fence Wood 1,547 LF 30.00 Removal of Concrete Sidewalk 1,510 SF 3.00 Concrete Trail interface/ramp I LS 30,000.00 Total Harmony Road Crossing Path 0 Section 6,740.00 46,410.00 4,530.00 30,000.00 87,680.00 LANDSCAPE COST SUMMARY. ALL TRAIL SECTIONS (PATHS 0-4) Irrigation System-Path 0 I Irrigation System-Path I I Irrigation System-Paths 2-4 I Path 0 Large Deciduous Trees-2.5" cal. 15 Path 0 Coniferous Trees-6' height 19 Path 0 Deciduous Shrubs-5 gal. 100 Path 0 Seeding (Native, Hydromulch, Stray 9,200 Path I Large Deciduous Trees-2.5" cal. 0 Path I Deciduous Trees-IS' cal. 124 Path I Coniferous Trees-6' height 29 Path I Deciduous Accent Trees-8' clump 0 Path I Large Deciduous Shrubs-5 gal. 34 Path I Seeding (Native, Hydromulch, Stray 13,600 Path 2-4 Large Deciduous Trees-2.5" cal. 50 Path 2-4 Deciduous Trees-I.5" cal. 54 Path 2-4 Coniferous Trees-6' height 25 Path 2-4 Deciduous Accent Trees-8' clump 9 Path 2-4 Deciduous Shrubs-5 gal. 325 Path 2-4 Seeding (Native, Hydromulch. Str 54.235 Total Landscape Costs Paths 0-4 ROADtrRAIL SIGNS Sign Panel (class I) Sign Post (timber 4"x4") Sign Panel (class I) Sign Post (timber 4"x4") Sign aesthetic treatments Total Roadtrrail Sign Costs Paths 1-4 Allow Allow Allow EA 450.00 EA 350.00 EA 40.00 SF 0.13 EA 450.00 EA 210.00 EA 350.00 EA 365.00 EA 40.00 SF 0.13 EA 450.00 EA 210.00 EA 350.00 EA 365.00 EA 40.00 SF 0.13 6,500.00 7,000.00 15,000.00 6,750.00 6,650.00 4,000.00 1.196.00 0.00 26,040.00 10,150.00 0.00 1,360.00 1,768.00 22,500.00 11,340.00 8,750.00 3,285.00 13,000.00 7,050.55 152,339.55 42 SF 132 LF 21 SF 66 LF I Allow 840.00 1,980.00 420.00 990.00 4,000.00 8,230.00 Subtotal Design Costs Subtotal Construction Estimate Contigency 20.00 15.00 20.00 15.00 4.000.00 89,680.00 1,061,848.45 74,919.55 Complete Project Cost, Burlingame Double BarlX Trail IPROJECT FUND SOURCES Housing Development Fund 1,226,448.00 AMOUNT I 1,226,448.00 IGrand Total Burlingame Trail Development Budget 1,226,448.001 Attachment 'B' I The Clt.y o~ A.pen I CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on March 26th. 2007, 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, for the project: BurlinQame Pedestrian Trail Proiect, and, WHEREAS, the Contractor, 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, 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 Eiaht Hundred Thirteen Thousand Six Hundred ($ 813,600.00) DOLLARS or as shown on the Bid Proposal (Exhibit A). 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. IN WITNESS iWHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. 2:~4P< By: APPROVED AS TO FORM: By: //. e(//)&~-. Le1tyA orney ATTESTED BY: 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. CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF COUNTY OF ) )SS. ) On this appeared day of , 20_, before me known, who, being by me first duly sworn, did of to me personally say that s/he is 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. Notary Public Address My commission expires: AFFIDAVIT OF COMPLIANCE Burlingame Pedestrian Trail PROJECT NUMBER: 2007-028 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 will 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 Contractor By: STATE OF COLORADO ) ) SS. COUNTY ) Before me , a notary public and for County. Colorado personally appeared to me personally to be the person(s) whose signature(s) in my presence this day of , AD. 20_ . known My commission expires: (Seal) Notary Public 0311512007 15:26 Exhibit 'A' BGAMEPTR Burlingame Pedestrian Trail *** Zach BlDTOTALS Biditem Descriotion Ouantitv Units Unit Prire Bid Total Clearing and Grubbing 1.000 LS 12,000.00 12,000.00 Unclassified Excavation (CIP) 931.000 CY 16.00 14,896.00 Embankment Material (CIP) 2,425.000 CY 20.50 49,712.50 Structure Excavation 709.000 CY 24.00 17,016.00 Structure Backfill 360.000 CY 58.00 20,880.00 Topsoil (Complete in Place) 1,090.000 CY 19.00 20,710.00 Erosion Bales (Weed Free) 12.000 EA 51.00 612.00 Silt Fence 1,891.000 LF 320 6,051.20 ABC (Class 6) 890.000 CY 49.80 44,322.00 Hot Mix Asphalt 570.000 TON 147.00 83,790.00 Boulder Walls 2,904.000 SF 35.00 101,640.00 Concrete Class 0 (Wall) 2t6.000 CY 825.00 178,200.00 Masonry VeDeer 2,372.000 SF 60.00 142,320.00 Reinforcing Steel (Epoxy Coated) 27,811.000 LB 1.20 33,373.20 15 InchCSP 21.000 LF 75.00 1,575.00 18 Inch CSP 24.000 LF 85.00 2,040.00 Fence (Temporary) 2,131.000 LF 11.00 23,441.00 Delineator (Flexible) (Type I) 8.000 EA 50.00 400.00 Construction Surveying 1.000 LS 19,360.00 19,360.00 Mobi1ization 1.000 LS 39,820.00 39,820.00 Epoxy Pavement Marking 160.000 SF 9.00 1,440.00 Bid Total > $813,598.90 Th. c"~y or A.pen. CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on March 26th. 2007, 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, for the project: Burlinqame Pedestrian Trail Proiect, and, WHEREAS, the Contractor, 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, 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 appro'priate 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 Eiqht Hundred Thirteen Thousand Six Hundred ($ 813.600.00) DOLLARS or as shown on the Bid Proposal (Exhibit A). 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 obseNed 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 obseNed 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.ln 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 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. 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 ASPEN, COLORADO By: Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: City Attorney City Engineering Department -c~.:>,' ~ By: ATTESTED BY: 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. CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF (lolorA.do ) COUNTY OF (J/:r, II del / SS. m JtTt!.h On this .) /c;, ~ day of appeared 'V~ WtT{'G who, being by r~ t , 20tl, before me , to me personally say that s/he is irst duly sworn, did 5 of Dn. 11 . 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. # l.y nn. ^ '"V Not'~.W,. ~~fl.1~') . ~ '. ~oo 0 ,~ . .'.r'J ','c /JO~l60' r{7~,-,,-,()od ,~rtr' C0 {3fl.9cZ- Address P:-6~~{ Z.oO'cr My commission expires: ,--~_....-.-.._-,...._..- -~-"""._-- 03/15/2007 15:26 EXHIBIT 'A' BGAMEPTR Burlingame Pedestrian Trail *** Zach BID TOTALS Biditem Descriotion Ouantitv !!nil! Unit Price Bid Total Clearing and Grubbing 1.000 LS 12,000:00 12,000.00 Unclassified Excavation (CIP) 931.000 CY 16.00 14,896.00 Embankment Material (OP) 2,425.000 CY 20.50 49,712.50 structure Excavation 709.000 CY 24.00 17,016.00 Structure Backfill 360.000 CY 58.00 20,880.00 Topsoil (Complete in Place) 1,090.000 CY 19.00 20,710.00 Erosion Bales (Weed Free) 12.000 EA 51.00 612.00 Silt Fence 1,891.000 LF 3.20 6,051.20 ABC (Class 6) 890.000 CY 49.80 44,322.00 Hot Mix Asphalt 570.000 TON 147.00 83,790.00 Boulder Walls 2,904.000 SF 35.00 101,640.00 Concrete Class D (Wall) 216.000 CY 825.00 178,200.00 Masonry Veneer 2,372.000 SF 60.00 142,320.00 Reinforcing Steel (Epoxy Coated) 27,811.000 LB 1.20 33,373.20 15 Inch CSP 21.000 LF 75.00 1,575.00 18 Inch CSP 24.000 LF 85.00 2,040.00 Fence (Temporary) 2,131.000 LF H.OO 23,441.00 Delineator (Flexible) (Type I) 8.000 EA 5(}.00 400.00 Construction Surveying 1.000 LS 19,36(}.00 t~,360.00 Mobi1ization 1.000 LS 39,820.00 39,820.00 Epoxy Pavement Marking 160.000 SF 9.00 1,440.00 Bid Total > $813,598.90 AFFIDAVIT OF COMPLIANCE Burlingame Pedestrian Trail PROJECT NUMBER: 2007-028 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 will 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 ) ) SS. COUNTY ) Before me ~I'k~ ~to , a notary public and for L vrr'lidJ County, Colorado personally appeared WI'\f'c:..- known to me personally to be the person(s) whose signature(s) in my presence this ;;) i ~ day of r'YI~ , AD. 2021-: .' R/b~ "'&I2k>O'7 ~~~Pu,"' My commission expires: (Se~. -> , ,