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Home My WebLink Aboutresolution.council.070-94 fit (e "..- "\ ";~ ....- RESOLUTION NO. 11L- Series of 1994 A RESOLUTION APPROVING A CONTRACT FOR CONSTRUCTION AGREEMENT BETWEEN TIERRA CONSTRUCTOR'S, INC. AND THE CITY OF ASPEN, COLORADO FOR CONSTRUCTION SERVICES RELATING TO THE MAIN STREET SIDEWALK AND STREETCORNER HANDICAP RAMP PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for construction agreement between Tierra Constructor's, Inc. and the City of Aspen, 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 agreement between Tierra Constructor's, Inc. and the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen 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..LR.day of ~ 1994. 4" f', (3~ John 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 hereinabove stated. 7 M94.328 "'-.'o.. '1, (' ",!" /j~.. {V.. ~~ ..-.." *' ~ ;Z ~ -- ~V- ~) if,,) ~ MEMORANDUM To: Mayor & City Council f\.,\ / Amy Margerum, City Manager ill! John Worcester, City Attorney 9t/, Robert Gish, Public Works Director ~ ~ Chuck Roth, Engineering Department k Thru: Thru: Thru: From: Date: September 7, 1994 Re: Contract for Construction - Main Street Sidewalk and Streetcorner Handicap Ramp Project Summary: The Engineering Department advertised for bids to COIlstruct the Main Street Sidewalk and Streetcorner Handicap Ramp Project. The low bid was submitted by Tierra Constructor's, Inc. in the amount of $131,790.15, which is within budget. City staff recommends that City Council approve the contract with Tierra Constructor's, Inc. Previous Council Action: City Council has previously approved the design contract for the project with JR. Engineering, Inc. Financial Implications: The project is within budget, and construction is anticipated to commence on or about Thursday, September 15, with a duration of about four weeks f- ' a scheduled completion date of Friday, October 14. Proposed Motion: I move to approve Resolution No.11L- (Series of 1994) authorizing the City Manager to sign the contract for construction of the Main Street Sidewalk and Streetcorner Handicap Ramp Project with Tierra Constructor's, Inc. City Manger Comments: M94.327 - - ,. $_ ~~...., ". \..'1 \:" AGREEMENT THIS AGREEMENT made as of the ,,<-.., day of >:8131;8"'88F' . 19~ by and between the CITY OF ASPEN, Colorado, ("Owner") TIERRA CONSTRUCTOR'S, INC. - and WHEREAS, the Owner 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 sald documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project titled: MA1N STREET SIDEWALK AND STRBBTCORNER HANDICAP RAMP PROJECT. WHEREAS, Contractor, in response to such advertisement, or in response to direct invitation. has submitted to the Owner, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, . WHEREAS, the Owner, 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 hall determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has ~ duly awarded to the Contractor an Agreement therefore, for the sum or sums named. in "lIP . the Contractor's Bid; ..../ NOW, THEREFORE, in consideration of the payments and Agreement hereinafter mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2, . The Contractor shan furnish all of the material, supplies, tools, equipment, labor and other services necessary for the constl'llction and completion of the Work described herein. - 3. The Contractor shall commence the work required by the Contract Documfmts within seven (7) ,calendar days after tIle date of the NOTICE TO PROCEED and will complete the same ,by the date and time indicated in the Supplemental Conditions unless the/time is extended in accordance with appropriate provisions in the Contract Documents. 'It IW. '\\~ 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the tenns therein for a sum not to exceed ONE HUNDRED THIRTY-ONE THOUSAND, SEVEN HUNDRED AND NINETY DOLLARS AND FIFTEEN CENTS ($131,790.15) as shown on the attached --I ,"0 f..J~d'3b' ~Ol..l.I'=-1 L..k:J:=-S :t'tJ t76.. llJ ::!3S "'e i:+.,. " '<<. ~. z. "- [li !~ "\ "i 5. 6. 7. 8. REVISED BID schedule. The term "Contract Documents" means and includes the documents listed in the Supplemental Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. The Owner shall pay to the Contractor in the manner and at such time as set forth in the General Conditions such amounts as required by the Contract Documents. This agreement 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 agreemel.t, shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Municipal Code, including the approval requirements of Section 3-11. This agreement shall not be binding upon the Owner unless duly executed by 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 Owner and the Contractor respectively and their' agents, representatives, employees, successors, assigns and legal representatives. Neither the Owner 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 shail not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor of Owner may assign this Agreement in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the Owner or 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 Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 12. 13. 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. 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 ,=,....J ll-::J....lC\-l J(l I'T~. 1,].--"t'.::::......Cl ......c 'e! ...J-:JC tA. ~. ".-. '0.~... '. \,:,< . ~.a 1\. 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 Agreement. 14. The undersigned representative of Contractor, as an indUl:ement to the Owner to execute this Agreement, represents that s/he is an authorized representative of the Contractor for the purposes of executing this Agreement and that s/he has full and complete authority to enter into this agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTESTED BY: OWNER: CITY OF ASPEN, COLORADO / ,~ /UJd::l7 ) ~ / By: APPROVED AS TO FORM: L J~/<#7/~ City Attorney . .~ IrI/k~/ Finan e Director ATTESTED BY: CONTRACfOR: Tie~ra Constructo's Inc. ~/J 17 ~ o . Ulibarri - preside~t 6'd I'B:Sj JO .UD 1"ldSS:170 176. ",0 d3S @e II... "'<... - -- BID SCHEDULE REVISED AUGUsr 29, 1994 Main Street Sidewalk Improvement Project Aspen, Colorado Item No. Description 100 11obil~tion 101 Traffic Control/Pedestrian Barriers 200 Sawcut Asphalt 202 . Remove Existing Asphalt 203 Sawcut Concrete Curb & Walk 204 Remove Existing Concrete 205 *"tJnclassified Excavation 206 Remove Bushes and Small Trees ~~Relocate Landscape Rocks '>>.. Cut New Irrigation Ditch 212 Fill Existing Irrigation Ditch & Compact Site Preparation and Grading Gravel Base Course 214 218 220 222 224 226 228 230 232 Hot-Mixed Asphalt Pavement 4" Thick Concrete Walk Place #4 Rebar in Sidewalk Construct Concrete Ramp at Comer Type 2 Curb & Gutter 6" Thick Reinforced Concrete Flatwork Expansion Joint Material 234" ITEM DELETED FROM SCHEDULE ,.I.._r<. . It)' ~( - .,< Estimated Unit Total 9uantity Unit Price Price .f~- s.!> 1 1..8. $ 3J, /371 31./37- , r 1 1..S. /~ 5?o /2. 5? 0 310 L.F. 2~ 8~c!'? 450 S.F. /~ 787' ::!E!!- 85 LF. ,2'].::- 2ft, .~ 1.300 S.F. .:?.:;!i- 2. tt ..5',,2 , ~ C.Y. ~~ ,~ ?gl C/"'" , 1..8. 5'&>o . 1 b170 1 1..8. '1. /70 91'0 94 1..F. /zE /67/8- L/~ . 8'" 87 L.F. .3 82 ~ 4.700 S.F. .3'~ /507'0 . 150 C.Y. .:?5~ .3 765 , 16 TON 55 880 5.825 S.P. .,53- 29- 707~ , 95 LF. 1f:E. 137 ?:E. 26 EA. tf:..!>o /6 900 , 275 LF. /.5"~ -e '303 '!:E 430 S.F. 51:E .2. 5/...5'~ 560 LF. I~~ /1'0 0 S.F. Nt!\. INtA '!k:'k. /l c.rt.Mn77T7b3 .c"cU'U'~L1 U/# /J. . . ;Jc$<lT:<::~<=o') :~~~ ,4#1 ,. Denotes Changes in Description or Quantity - ...- (~.'. <. BID SCHEDULE REVISED AUGUST 29, 1994 Main Street Sidewalk Improvement Project Aspen, Colorado 236'" ITEM DELElED FROM SCHEDULE 0 S.F. N/A N/A 238 Remove &isting Inlet & Pipe 3 'EA . J' .5"0 Lyso 240 Install CMP Extension with Inlet 3 EA /..2S .3'75 242'" Install 7' . 10" PVC CUlvert 1 LS. -L90 /90 244* Install 7' . 10" rve CUlvert 1 LS. .200 ' ':<00 246 Relocate Street Ught 1 LS. ..:? 000 ..7, 0 () Q . ~"i5\ctjust Water Service Valve Height I EA. -r .5' -9V 15- ..z- 250 Place 8" River Rock 30 S.F. .:-74' 7.20 252 Reset Fence 160 LF. .2~ 7'/h 254 Reset Sign 9 EA. 25 22$ 256 Seeding 3.370 S.F: {),3~ (/79~ _. Sod 500 S.F. /~ 6.2.5 [1" ~ '_J \\' \-, -"- -_.-'- 258 Relay 6" x 6" Retaining Boards 1 LS. .2 00 ..:< 0 0 26D*KRemove Existing Brick Walk --Y L.S. .~.20 ~ 262i<'1< Construct Brick Ramp. % L.S. Soo -. s-eo- 2641<-'1<Remove Concrete Steps ~ LS. ~o. ~eo " *- j:. E.A. "'" .' 6* Fire Hydnmt Replacement S-So ~ ~.co- //(J{) .*.*- 5D :5'; 275""'7 268* Street Light Condltit ..5f() L.F. S -=-- .2805 I n/.> k /;;<~~ O'f.r"'.P?P~,?/ (/0'/<"Ay.o-&r'.4r .0"'4-,( ~:>C~h""'<,"c7" ",/d' ......,:rr:::....j) C-o.l?('"/'~/e - ~XC<:::tl"Vq..,..<..i";... /7,/ ~ . -:k ,-x""'<'"q C red'r. c>.~ ~ /,:",(~ a4>kJ/? ~ !0.0_', .?"<;~c/ CIj/,(r .>,.{;..",../ / .,-,-.",,..r ""/.;./..? - , i>z .<~ Denotes Changes in Description or Quantity ** OUAH//'17ES ,eBJl<tEj} ;Y~/~ .4!.~ -47 /P' ~3rS55~ tc>.5 <5 (7~6D> . . .s- ,I'/3f 7;ltJ. / ,I Z5'.30- SGD- j!~Pe/ 4S ~ /~ .32-0 - SOD - fc,(rI) </5 <1S , Total $..'_.". It\l "< BID SCHEDULE REVISED AUGUST 29, 1994 Main Street Sidewalk Improvement Project Aspen, Colorado Alternate Items 2 EA. ,2t?o 1'00 1.410 S.F. i$!- 9. /6.5 , 1.880 S.F. , 7~ /~ J82 24 C.Y. .~9 {./ 7/' 1.130 LF. s'" ~ 8.2.5 .2::-- 1.880 S.F. /~ 2.350 . 300 Foot Bridge, Wood 302* Red Sandstone Stepping Stones 304* Grass-Crete Pavers 306 Aggregate Base' Course (path) 308 2" x 6' Wood Borders 310* Weed Barrier - Filter Fabric ,,41' (;~ . ~... ~'<. . B"ld.Sdlt<lul. Ifl".c'ltc..' IWI \<.- 9/?/~ ~8 ~ * Denotes Changes' in Description or Quantity fl)i'. (&1 \~ i.."......~...',. 'p '.' , ~, ...'. * \, Toul{ Bid: ~3?S55~.1~ F~R CONTINUED) /3/1 796 _ IS- Tota.\ Bid written; ~C" ~./.7qfC'"d' /1Wr-'7 AI/IC/ErY tJVE :>EP&t! /ltJA/P.I?c/J ~. -;::~'n n ~V'/#/w;> h-nf ~'~f"4'" /"?/11 , Vi dollars and '" \ ~J/f P/fY cents. ~ty $"p c:J/YE'/} (:.-1 /'i/'T.e-.e'# Acknowledgement of receipt of Addend(a)um NUnlber(s): SlgnOS?~a~~~~ In subtnitting this bid it 1$ understood that the right to rOject any and all bids has been reserved by the Owner. Dated this 3IJt:h day of August -' ~ 1994 Name of Bidder Tie~r6 Constructor's IhO. - 4785 Tejon St~eet, Suite 200 Denve~, Colorado 80211 Address (303) 433-5600 Telephone Number ~~ ?(,,(#"~~d.0 zed Officer Joe I. Ulibarri President Title -~- END OF BID FORM --- IW"-"" 20