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Home My WebLink Aboutresolution.council.082-94 . - . RESOLUTION NO. Z~ (Series of 1994) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ELAM CONSTRUCTION, INC., SETTING FORTH TERMS AND CONDITIONS REGARDING THE OVERLAY OF CEMETERY LANE FROM HIGHWAY '82 THROUGH MOUNTAIN VIEW DRIVE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the Ci'ty Council a contract between the City of Aspen and Elam construction, Inc. regarding the overlay of Cemetery Lane from Highway 82 through Mountain View Drive, a copy of which agreement is annexed hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the city of Aspen, colorado, and Elam Construction, Inc., a copy of which is annexed hereto and incor- porated herein, and does hereby authorize the City Manager to execute said agreement on behalf ~=<b of the City of Aspen. Dated: , 1994. ~ 13~.. -4 Joh S. Bennett, Mayor . 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 ~ dtc ' 1994. e - - To: 1hru: 1hru: From: Date: Subject: MEMORANDUM Mayor and Co~'11 / Amy Margerum ~ Bob Gish ftJ lack R . October 19, 1994 ======================================== Contract to overlay Cemetery Lane SUMMARY: BACKGROUND: CURRENT ISSUES: FINANCIAL IMPLICATIONS: Staff wishes to overlay Cemetery Lane from Hgwy. 82 through the intersection of Mountain View Drive, beginning on Thursday, 10/27. As a result of the Cemetery Lane Undergrounding, Cemetery Lane is in terrible condition. It was planned to overlay it this year, Qut we tntly did not expect all the utilities to have their work completed by this time. Cable TV is currently working. in Cemetery Ln. to fix a problem so that we can go ahead with the overlay. Their's is the last work to be done. We did not bid this project earlier this year, because we didn't expect to be able to do it. Since the various utilities are finislJed with their work, we would like to proceed with the overlay before winter. Included in the contract amount is $20,i)(jO--: for Parks to overlay bad spots in some of the trails. The Parks Dept. piggy- backed their work on the Cemetery Lane bid, thereby getting an . excellent price for their asphalt work. Budget is available for both these projects. The bid amountfor Cemetery Lane ($60,155.) is approximately $7,000.00 under what we expected. The amount for the Parks project ($20,391.80) is approximately $5,000. under budget. . . . - RECOMMENDATION: PROPOSED MOTION: Staff recommends the approval, on the Consent Calendar of the contract with Elam ConstlUction for the overlay of Cemetery Lane and the repair and overlay of specific trail sections. 1 recommend the approval of Resolution g'~--, , 1994 which approves the contract with Elam ConstlUction in the amount of $80,546.80 for the overlay of Cemetery Lane and specific trail sections. CITY MANAGER COMMENTS: 1 ---- I I I_ . . . . \,'4 . ie, J:; -- I ,'1. ~ .- I AGREEMENT CITY OF ASPEN BID NO. 1994-1SM This AGREEMENT made and entered into as of the date hereinafter stat{\d, between the CITY OF ASPEN, Colorado, ("Owner") and ELJlM CONSTRUCTION, INC. , ("Contractor"). WHEREAS, the Owner has caused to be prepared, in accordance with the la,w, 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 titled: THE OVERLAY OF CEMETARY LANE FROM HIGHHAY 82 THROUGH MOUNTAIN VIEH DRIVE; and, 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 opeDjed, 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 an Agreement therefore, for the sum or sums named in the Contractor's Bid; NOW, THEREFORE, in consideration of the payments and Agreement hereiMfter 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 material, supplies, tools, equilmlent; 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) calendar days after the date of the NOTICE TO PROCEEp and will complete the same by the date and time indicated in the Supplemel1tary Conditions unless the time is extended in accordance with appropriate provisicins in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the COli tract Documents and comply with the terms therein for a sum not to exceed EIGHTY THOUSAND FIVE HUNDRED FORTY-SIX DOLLARS AND EIGHTY CENTS DOLLARS ($80546.80 ) or as shown on the BID schedule. --- I I .- I I I I I . 1- 1\.' '" ,,:1' '- I I I I I Ie w 5, The term "Contract Documents" means and includes the documents listed in the General Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. 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. 7. 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 agreement shall pe 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 absence) following a Resolutipn of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed ,by their duly authorized officials, this Agreement in three copies each of which shalllbe deemed an original on the date hereinafter written, Dated: Ie; /;2.t-./'74 . / ATrESTED BY: OWNER: CITY OF ASPEN, COLORADO ~"I" ~'" By~I'T=- I/J1l"t:ot/e'.P /!,?!lJ Fitie.p' ~11#= CONTRACTOR: ELAM CONSTRUCTION. INC. ATrESTED BY: Q U,-CJ-C By: WILLIAM G. ARRASMITH ASPEN AREA MPNAGER agrcclI1\1l.bid - Version 2192 2