HomeMy WebLinkAboutresolution.council.054-12RESOLUTION # S' V
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT FOR RIO GRANDE PEDESTRIAN
BRIDGE CONSTSRUCTION AND INSTALLATION BETWEEN THE CITY
OF ASPEN AND WESTERN WOOD STRUCTURES 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 Rio
Grande pedestrian bridge construction and installation, between the City of Aspen
and Western Wood Structures 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 Rio Grande pedestrian bridge construction and installation, between the City of
Aspen and Western Wood Structures 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 Council of the City of
Aspen on the 29th day of May 2012.
� ;-
Michael C. Ireland, Mayor
���aq
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, May 29, 2012.
Ka n S. Koch, City Clerk
PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST
Instru ti ns: This form should be completed at each step of the procurement process and should follow each request for review
or approval. Contracts under $5,000 require only Department Head approval. Contracts over $5,000 require City Manager
approval. They do not requite competitive bids but require documentation of source selection process. Contracts over $10,000
require City Attorney and City Manager approval. Competitive bidding process is required. Contracts over $25,000 require City
Council approval.
Procurement Description: p�►0 ('��7�Y!/� /7/ry
Budge, estimate: $ 74 ayQ, Capital Director's Review
Is proposed expenditure approved in the Department's budget?
Explain process for vendor selection:
11.10.11 Dept, Head approval of
City Manager Approval if Sole Source
Competitive Quotes:
(Attach Quotes)
ContractorlVendor Selected:
Dept Head approval:
City Attorney Review:
contract documents to
AWProject #: 1011- A15
Yes No
261E
Finance Review
S
City Manager Approval:
and to Vendar/Contractor
RFP or rM Completed: Eng. Dept Review:
RFP or ITB Reviewed by City Attorney:
I" Advertisement �'� a a-r !- 2nd Advertisement (Attach Advertisement)
jj -b2-t1 Bid Opening: lZ E 4.xj*;E,t
ContractorNendor Selected: (I l Ls m Wb yi 56o i Llf )i, 5
Dept Head approval:
1 t -l4 A I Award letter sent: pJ�r�r 2,5.*'1
a6-i J t i 3 signed contracts returned by vendor /contractor
/u, Performance and Payment Bonds received
>U.* Certificate of insurance received �7
- 16-1k Finance Department Review: fl
If over $25,000, prepare a cover memo and resolution for City Council Approval
Finance Review:
City Attorney Review
City Manager Approval
Date City Council Approves Notice to Proceed
CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009
SUPPLY PROCUREMENT
Attachment A
-�
11W
the OitP of open
City of Aspen Project No.' 2011 -085
AGREEMENT made as of December 2"d, in the year 2011.
BETWEEN the City:
J'I1C' :ityol'Ashen
ib SiztA� 13ti�•+��irk� G.it� iVliult;_':ei•
130. Soiuli'GLIIeiia Stre:'eP
Asi-.1,err. Coloraclo'816 l
lll16i e (9701 020w5055
And the Vendor:
Western Wood Struc[ures. Inc.
o/0- Jamie A;ielius
KY Rox 13 4/20675`S1�\' '100' Avemic.
`1'ttalai:in.Orce, n 0062
I'honr: (503) 692T6900
Summary Description of Items to be Purchased:
Contract Amount:
Total: 524;900
If this Agreement requires the City to pay
an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Aooroval:
Date;
Resolution No.:
(1) 50' -0" long x 10' -0" clear width Glu -lam Timber Girder Pedestrian Bridge for installation a
Rio Grande Park
Exhibits appended and made apart of this Agreement:
Exhibit A: (1) 50' -0" long x 10' -0" clear width Glu -lam Timber Girder Penta Treated
Pedestrian Bridge superstructure and including base shoes, steel diaphragms, rod cross
bracing, deck screws, deck clips and all miscellaneous nuts and bolts. Shop drawings shall be
included as a deliverable. All supplied'hardware shall be hot dipped galvanized:
The City and Vendor agree as set forth below.
1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2: Delivery. (FOB 505 Rio Grande Place, (Rio Grande Park), Aspen, Colorado
81611)
[Delivery Address]
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereby made a part of
this Agreement as if fully set out at length herein.
4. Warranties. Vendor shall describe applicable warranties which shall state as a .
minimum that Vendor's liability shall be limited to the obligation to repair or replace proven to
have failed to meet the specification or to have been defective in quality or workmanship at the
time of delivery. In no event shall Vendor have any liability for commercial loss, claims for
labor, or consequential damages of any other type.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the'City nor the
Vendor shall have the right to assign, transfer or sublet its' interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. 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 Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
7. Waivers. No waiver of default by either party of any of the 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.
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively iri the courts of Pitkin County, Colorado.
9. ' Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed 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 the Agreement.
11. Certification Re arg_dina Debarment, , Suspension, Ineligibility. and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither. it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Vendor or any lower tier participant was unable to certify to the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A) Vendor warrants thai no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Vendor for the purpose of
securing business.
f (B) Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(C) Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D) In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of Citv. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City
Council of the. City of Aspen.
16. Non - Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national onigin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City's municipal code, section 13 -98, pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado. Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he /she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he /she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement.
to be duly executed the day and year first herein written in three (3) copies, all of which, to all
intents and purposes, shall be considered as the original.
[SIGNATURES ON FOLLOWING PAGE]
FOR THE CITY OF ASPEN:
VENDOR:
Western Wood Structures. Inc.
By: � - If -
Stephen'A. Turner
President
Title
By: —"000000��
City Manager
Wstern. Wimid Structures, Inc.
PO Box 130 / 20675 SW lOSth Arc.
Tualatin, Orr..goa 97062'
{SOT j 692 -6900 ,800} 547 -5411
kair, (503) 692 -6434
www. W 0Wjnwoodvta['uctut".wm
En ai(; wwsiQwosrarttwoodstrucmres .corn
Exhibit A.
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PROVECT INUMBER -1 -6-117 - - --
11/14/2011
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Aspen, CO 81611 _ — rllc)�JC ;,x
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(1) Girder Style Bridge
Design: ,
Span: 50' out to out
Width: 10' Clear Between rails
Live Load: 100 psi
Rail: Per Plan
Drawings & Calculations stamped by CO. P.E.
Lump Sum: $24,900.00
444
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i+ slrl, of sh, A 1lriting is this cumract. It s exprest.y agtetd thU no C01MMPDXImeous Of submQuent
parties xupectiag =rkVCraatioa, undetstaading or' agteerasnt sha11 have any four. or effect tc a[TI[ Id, alter
pIZ• Warl, 0 f, . it is ao w its: Mar y, edVt.:• rrr eiJ -. 6?` iiirt :� ,, aid no rePvc:rah60a or modify this conurort ankm reduccd to writing tied sigwd by bo *.1t pattie& .
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Attachment B
s • CHANGE ORDER
City of Aspen Parks and Recreation Department No. 1
PROJECT: Rio Grande Park Pedestrian Bridge #1 Project
DATE OF ISSUANCE: 01 -23 -2012
OWNER: City of Aspen
CONTRACTOR: Western Wood Structures, Inc. OWNER's Project No. 2011 -085
You are directed to make the following changes in the Contract Documents.
Description: Provide additional steel "MKS3" diaphragms per Structural Engineer recommendations. -
Purpose of Change Order: Provide additional beam bracing to provide lateral support at beam bearing points
to prevent structural rotation and lateral displacement.
Attachments: Email documentation from Jamie Agidius to Scott Chism, detailing costs for additional steel
diaphragms.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
�) Original Contract Price: $24,900.00 Original Contract Time:
days or date
Previous Change Order No
to No.
Contract Price prior to
this Change Order
$24,900.00
Net Increase (decrease)
of this Change Order
+$240.00
Contract Price with all
approved Change Orders
$25,140.00
RECOMI\ NDED: AP
Y. by:
Project Manager
Net Change from previous
Change Orders
days
Contract Time prior to
this Change Order
days or date
Net Increase (decrease)
of this Change Order
+0 days
Contract Time with all
approved Change Orders
deliver by April 24, 2012
days or date
APPROVED: !
by: +f I
. Scott Chism
From: Jamie Agidius B agidius @westernwoodstructures.com]
'$ent: Wednesday, January 18, 2012 9:07 AM
To: Scott Chism
Subject: RE: Aspen Rio Grande Pedestrian Bridge #1 shop drawings
Scott,
Thank you.for covering the cost of the, additional diaphragms.
You are correct, my apologies. We will update our drawings to reflect a 1' -9" elevation change as shown on your
October 3, 2011 drawing.
From: Scott Chism Imailto :Scott.Chism @ci.aspen.co.usl
Sent: Wednesday, January 18, 2012 7:37 AM
To: Jamie Agidius
Subject: Aspen Rio Grande Pedestrian Bridge #1 shop drawings
Jamie,
e to r ,J V -S d fit ^nal for the iv (. )r l std j ' Ya f..., but I don't think the City should be asked to pay$280
for the corrected detailing of the posts and baluster connections to the glulams for the reason stated below:
The subject of the post and baluster correction was made evident in drawing information presented at the time of
C °proposal preparation (two occasions for this project). I've attached an 'optimized' (smaller) file size version of the
section that I had made available you prior to you preparing your cost proposal, which definitely illustrates that the
bridge is not level end to end. We discussed the elevation differences between the bottom of the bridge structure and
the anticipated high water level that could occur under the bridge, so I presumed you had reviewed this section drawing.
The section also shows the difference in height configuration of the posts and balusters, which was correctly shown in
the shop drawings.
As a result, I'd like to see a corrected version of the shop drawings that give us assurance that when we receive and .
install the bridge, the posts and balusters will not be out of vertical plumb on a sloped bridge.
Scott Chism, LLA CO #222, GRP
Project Manager /Parks Planner
City of Aspen Parks Department
970 -429 -2029 ph.
970 -920 -5128 fx.
From: Jamie Agidius [ma I Ito: iaeidius @westernwoodstructures.coml
Sent: Monday, January 16, 2012 10:31 AM
To: Scott Chism
Subject: Rio Grande
,Scott,
Just received your comments for the Rio Grande Park Bridge, thank you.
Due to the elevation difference we will need to redraw the bridge. and plumb the posts and balusters, this will take 4
hours plus, we will need to add additional diaphragms at the end of the bridge, per the engineers request. The cost
breakdown is as follows:
Detailing: 4 hours @ $70 /hour
Diaphragms: 6 ea. @ $40 /ea.
Please contact me tomorrow or shoot me an email with your approval and will make the necessary changes and send
you final prints.
Regards,
Jamie Agidius - Bridge Sales & Design
Western Wood Structures, Inc.
PO Box 130
Tualatin, OR 97062
(800) 547 -5411
PH:(503) 692 -6900 FX:(503) 692 -6434
Workina Wonders With Wood SLOG
EST�ERN
WOOD
STRUCTURES
www.westernwoodstructures.com
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