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Home My WebLink Aboutresolution.council.012-05RESOLUTION# (Series of 2005) A RESOLUTION APPROViNG A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), SETTiNG FORTH THE TERMS AND CONDITIONS REGARDiNG WATER LiNE CONSTRUCTION WORK AND CONDUIT CONSTRUCTION WORK ON THE CDOT MAROON CREEK BRIDGE RECONSTRUCTION AND AUTHORIZiNG THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and CDOT, a copy of which contract is annexed hereto and made a part thereof. 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 contract between the City of Aspen, Colorado, and CDOT, regarding water line and conduit construction on the CDOT Maroon Creek Bridge Reconstruction Project, 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 contract on behalf of the City of Aspen. · /.%-- Dated: .,. / ,~ /£ 'C /(_~ / I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that rasglution adopted by the City Council of the City of Aspen, Colorado, at a meeting heldXV~J d/)~ ~(f.~' / ~ ~- COLO :LADO DEPARTMENT OF TRANSPORTATION INCURRED COST (REIMBURSABLE} CONTRACT Project Sub-Account # (Construction) 15155 Project Number HB 0821-075 Location Maroon Creek Bridge THIS CONTRACT, made and entered into on this day of ,20 , is by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation ("CDOT", "the Department", or "the State") and City of Aspen ("Owner"). WHEREAS: The authority exists in the law and funds have been budgeted, appropriated and othenNise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Appropriation Code 010, Contract Encumbrance Number (Construction Sub-Account #) 15155; and 2. The required approval, clearance and coordination has been accomplished from and with appropriate agencies; and, 3. The State anticipates performance of construction Project No. HB 0821-075 for construction of Maroon Creek Bridqe rep acement at Mile Post 38.87 - 39.33 on SH 82, hereinafter referred to as "the highway project"; and The highway project necessitates adjustment or relocation of the Owner's facilities, and/or affords the Owner with the opportunity to construct improvements to its system, hereinafter referred to as the "Work", and is generally described as follows: Construction of a 6 inch Electrical Conduit System and installation of a 12 inch water line; and 5. The Owner is responsible for the cost of the Work; and 6. The Owner is willing to reimburse the State for all expenses incurred in performance of the Work; and 7. The State's construction contractor can perform the Work in conjunction with construction of the highway project; and 8. It is in the public interest for the State and the Owner to consolidate their respective responsibilities and activities so as to lessen the impact of construction upon the general public; and The State and the Owner desire to consolidate the performance of the Work with the construction of the highway project, and set forth their respective obligations and responsibilities with respect to the Work and the funding thereof; and 10. This contract is executed by the State under the authority of §§43-I-110 and 43-1-114, C.R.S. as amended. NOW THEREFORE, THE DEPARTMENT AND THE OWNER AGREE: The State will provide liaison with the Owner through the State's Region Transportation Director, Region 03 located at 222 South 6th Street- Room 301, Grand Junction, CO 81501. Said Director will also be responsible for coordinating the State's activities under this contract. 2. The Work is described in detail in Exhibit A, "Cost Estimate" and Exhibit B, "Plan Sheets", attached hereto and made a part hereof. The plans and specifications for the Work, hereinafter referred to as the "highway construction plans", shall be prepared by the State, shall include any bid items necessary for performance of the work, and shall be made a part of this contract by reference. CDOT Form # Rev. 2/03 The State will award a construction contract for the highway project, including the Work, pursuant to the provisions of §24-92-101, et seq., C.R.S, as amended. The State shall be the sole authority for awarding said construction contract. 5. After the State's highway project has been awarded, the Owner shall give written notification to the State if it desires any revision of the Work. The State shall then incorporate any mutually acceptable revisions into the Work, and the Owner shall be responsible for all costs of the revised Work and shall pay such costs in accordance with the provisions of clause 8, which follows. 6. The State, through its construction contractor, shall perform and complete the Work in accordance with Exhibit A, Exhibit B, and the highway construction plans. The State will supervise the performance of the Work, which shall include, but not be limited to, field and office engineering, inspection and materials testing, and traffic control through the project area. 7. The Owner shall cooperate and coordinate with the State in the performance of the Work. During construction, a representative of the Owner shall periodically observe the performance of the Work to ensure that the Owner's interests with regard to the Work are being fulfilled. Upon completion of the Work, the Owner shall give the State written final approval of the Work, which approval shall not be unreasonably withheld, provided that performance of the Work has been done in accordance with Exhibit A, Exhibit B, and the plans, shall be deemed approved. The Owner's inspector shall report only to the State's engineer and shall not be involved with the State's construction contractor. 8. The Owner shall reimburse the State for the cost of the Work as set forth in Exhibit A. Total Work costs shall include and be expressed as: a. Physical construction costs, as derived from estimated quantities, at the State's construction contractor's unit bid prices. b. Contingencies, expressed as 5.00% percent of the costs in a. above. c. Construction engineering costs, and the State's indirect costs, expressed as 18.15% percent of the sum of costs in a. and b. above. The Owner's share of the Work costs is estimated to be $186,473.31 , as set forth in the attached Exhibit A, shall be the maximum amount of the Owner's obligation unless such amount is increased by a written supplement to this contract. 9. The Owner has appropriated sufficient funds to pay for the costs of Work that will be completed within the Owner's current fiscal year. For Work to be completed in subsequent fiscal years, if any, the Owner shall make all necessary good faith efforts to effectuate the availability of funds. In the event funds are not so appropriated by the Owner, the Owner shall promptly notify the State of such fact. 10. The State will bill the Owner for the total amount to be reimbursed after the highway project has been awarded. The Owner will pay the amount billed by the State not later than 60 days after the date such bill is sent. 11. Interim funds, until the State is reimbursed, will be payable from the Transportation Supplementary Fund Number 400. 12. The State agrees to make all project records available to the Owner in the event the Owner desires to audit same for cost verification purposes. 13. The term of this contract shall begin on the date first written above, and shall extend to the date which is three months after the date of final payment or final audit, whichever is pertinent to this contract, unless earlier terminated. 14. This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns. 15. The State or the Owner may terminate this contract at any time upon reasonable notice for cause, or convenience, or if funds become unavailable, provided that the Owner shall pay the State the incurred cost of actual work performed to date of termination. 2 CDOT Form # Rev. 2/03 16. The Owner represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the Owner and to bind the Owner to its terms. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in triplicate by their respective officials thereto duly authorized. ATTEST: STATE OF COLORADO BILL OWENS, GOVERNOR By By Chief Clerk Executive Director DEPARTMENT OF TRANSPORTATION OWNER City of Aspen Title: 3 CDOTForm# Rev. 2/03 EXHIBIT A CITY OF ASPEN - ESTIMATE OF REIMBURSABLE COSTS SH 82 Maroon Creek Bridge Replacement HB 0821-075 SA 15155 ELECTRICAL CONDUIT SYSTEM Calculation of Conduit Required (Carried to Summary Below) Location Conduit Run (See plans) L.F. per run No. of Runs Total L.F. Off Bridge AE-1 330 4 1,320 Item 613-01600 AE-2 295 4 1,180 6 inch Bec. Conduit (Plastic) Total 2,500 On Bridge Item 613-.00607 6" Elec. Conduit Suspended within bridge 669 4 2,676 (Bridge)(Special) Summary of Reimbursable Bid Item Costs Item Number Description Units Quantity CostJUnit Amount 604-39010 Manhole Special (10 foot) EA 2 $5,200.00 $10,400.00 613-01600 6 inch Electric Conduit (Plastic) LF 2,500 $25.00 $62,500.00 613~00607 6 inch Electric Conduit (Brdg)(Spec) LF 2,676 $12.00 $32,112.00 613-04020 Han~er System LS 0.2 $60,000.00 $12,000.00 Sub-Total = $117,012.00 Contingencies @ 5% = $5,850.60 Sub-Total = $122,862.60 Construction Engineering & Indirects @ 18.15% = $22,299.56 TOTAL = $1451162.16 WATER LINE Summary of Reimbumable Bid Item Costs Item Number Description Units Quantity CostJUnit Amount 619-00007 Connect to Existing Waterline EA 1 $10,000.00 $10,000.00 619-75116 16 inch Gate Valve EA 1 $9,000.00 $9,000.00 619-75096 12 inch Gate Valve EA 1 $1,800.00 $1,800.00 619-06120 12 inch Ductile Iron Pipe LF 125 $100.00 $12,500.00 Sub-Total = $33,300.00 Contingencies @ 5% = $1,665.00 Sub-Total = $34,965.00 Construction Engineering & Indirects @ 18.15% = $6,346.15 TOTAL = $41,311.15 TOTAL ESTIMATED COSTS Total Estimated Cost of Electrical Conduit System = Total Estimated Cost of Water Line = TOTAL= $145,162.16I $41,311.15I $186,473.311 gO00C ~O00E