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RESOLUTION NO. rl r
(Series of 1997)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO, AND ASPEN EARTH MOVING, LLC, SETTING FORTH THE TERMS AND
CONDITIONS REGARDING THE LONE PINE STAIRS REPLACEMENT PROJECT, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF
THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a contract between the City of
Aspen, Colorado and Aspen Earth Moving, LLC, a copy of which contract is annexed hereto and
made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that contract between the City
of Aspen, Colorado, and Aspen Earth Moving, LLC, regarding the Lone Pine Stairs Replacement
Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager to execute said contract on behalf of the City of Aspen.
Dated: 'I "',} ?i
,l997.
John S. 1::: Mr:~
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 , 1997.
~vJ~
Kathryn S. K , City Clerk "-.....
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CONTRACT FOR CONSTRUCTION
, Th_Cl5'yoe..A..p_,..,
THIS AGREEMENT, made and entered into on
CITY OF ASPEN, Colorado, hereinafter called the "City",
, hereinafter called the "Contractor".
, by and between the
and Aspen Earth Moving. LLC.
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: Lone Pine Stairs
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.
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 Thir1;y nine thousand three
hundred sventy four ($39.374.00) DOLLARS or as shown on the BID proposal.
4.
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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.
5.
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 CouncJl of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized officJal in hislher 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.
This agreerrient 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.
9.
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.
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
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presumption shall arise for or against either party based an 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:
CI'TY OF ASPEN, COLORADO
By:
Title:
RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
By:
City Engineering Department
City Attorney
ATTEstED BY:
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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.
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MEMORANDUM
DATE:
M.y" @d Ci'Y Co~il ,~/
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Amy Margerum, City Manager"",
Nick Adeh,City Engine~
April 23, 1997
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TO:
THRU:
FROM:
RE:
Lone Pine Stairs
SUMMARY: Sealed bids submitted by qualified contractors were opened and read publicly for the
Lone Pine Stairs Project. Bids were announced and opened in the following order:
CONTRACTOR TOTAL BID AMOUNT
Aspen Earth Moving, LLC $39,374.00
Rose Lane, Ltd. . $40,788.48
Based on our verification of bids, references, and concurrence with the Parks Department (the fund
sponsoring department), I recommend the award of contract to lowest responsive and responsible
bidder, Aspen Earth Moving LLC, for a total of $39,374.00. "
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BACKGROUND: The existing wooden stairs have deteriorated and become sub-standard for
pedestrian use. This work was funded through ..<\sset Management Plan as a capital improvement
project.
DISCUSSION: The existing stairs serve as a practical link between Lone Pine Trail, RioGrande
and Heron Park Trials. The wooden stairs have deteriorated and their physical condition and their
layout does not adequately serve the trail user. The new design has incorporated weathering steel and
grated steps that offer relatively safe access and much less maintenance requirements.
FINANCIAL IMPLICATION: The costs for construction and field testing services are within the
budget appropriated for this project. The Asset Management Plan includes sufficient funds for this
improvementproject. The total budget for this project is $45,000.00.
CITY MANAGER COMMENTS:
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John Krueger, Parks Department
Stan Clauson, Com. Dev.
Chuck Roth, Engineering
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CIP97-D4