HomeMy WebLinkAboutresolution.council.029-05(Series of 2005)
A RESOLUTION GRANTING CONSTRUCTION CONTRACT TO LYON CONSTRUCTION,
FOR (,ONSTR[ CTiON OF THE 2005 PEDESTRIAN SAFETY IMPROVEMENTS PROJE( .
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAD 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 Lyon Construction, 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 the contract between the City of
Aspen, Colorado, and Lyon Construction, 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:
2005.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and
accurate copy of~ resolution adol~t~d by the City Council of the City of Aspen, Colorado, at a
meeting held ~.._A~,f,/~'~/,<~, 2005.
Kathryn S. Koct~City Clerk
ENG RES 2005-01
Z
LIJ
Z
GONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on
ASPEN, Colorado, hereinafter called the "City", and
"Contractor".
, by and between the CITY OF
hereinafter called' the.
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: YEAR 2005 PEDESTRIAN SAFETY
.PROJECT, 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 wth 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:
4.
The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
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.
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
DOLLARS or as shown on the BID proposal.
· The term "Contract Documents" means end 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.
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8. The Git), shall pa), 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.
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 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 City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither lhe 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 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 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.
10.
11.
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.
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 enforc~ 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
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 Contract For Construction.
14.
The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract For Constr~ction, 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.
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04/19/2005 12:53 9708765943 LYUN CUNSTRUCTTON PAGE 04/05
IN WITNESS WHEREOF, the parties, agree hereto have executed this Contract For
Construction on the date first above written_
ATTESTED BY:
CITY OF ASPEN, COLORADO
By:.
Title:
RECOMMENDED FOR APPROVAL:
City Engineering Department
APPROVED AS TO FORM:
By:
City Attorney
ATTESTED BY:
CONTRACTOR:
By: EELLY LYO~
Title: vic~ P~REST~'~NT
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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04/19/2005 12;53 9708765943 LYON CONSTRUCTION PAGE 85/05
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ~ ICr~L~o )
)ss.
COUNTY OF ~.~ .~ ~ Id/ )
On this. 1 9th day of Ap~3'r.
,20 05 , before me appeared
~(ml ly f.ynn , to me personally known, who,
being by me first duly sworn, did say that s/he is Vice P~:e¢~.c~e...~t of
and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent '
acknowledged said instrument to be the free act and deed of said co~poration.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
.(
My commission expires:
Notary Public
Address
C.O.I.
APR. /8. 2005 ~I:ISAM Cll¥ ASPEN ENGINEERING N0.196 r.
~A~E ~W
BID QUANTITIES
Base
UNIT
Mobilization & demobilization LS 0001
Tragic management LS 0001
Sawcut Pavement- Full Depth LF 1216
Remove Bricks Pavers SY 0085
Remove conc.- C&G, drainage pan LF
Remove COHO.- Sidewalk, access ramp SY
Remove COHO.- Bikepath, driveway SY
(Driveway shell Include 8rmw melt ~om repairs, if any)
Remove street light EA
Remove storm inlet EA
EA
Remove tree
Remove asphalt pavement SY
Remove split rail fence LF
Erosion & dust control LS
Unclassified excavation CY
EA
Reset sign
Reset mailbox & post EA
Relocate boulders on site EA
Retrofit ramps with domed bricks EA
install new bricks in new ramps EA
AdjUSt Manhole to new finished gradeEA
EA
Move fire hydrant
Install 5' Diameter Drywall EA
Supply and install street light baseEA
Install Inlet- single grate EA
install timber toe wall, 18" high LF
install one inch Diameter Elec, conduit LF
(Buffed 24' deepJ
0431
0026
0045
0002
0001
0002
1085
0020
0001
0097
0005
0002
0004
0007
0004
0002
0001
0004
0003
0001
0042
0425
TOTAL
$9 728,00
$_8,00 ._
$25.00 $2 ~25.00
$3~_~0_00$~
$i5,oo $L17o,oo
$5_o,oo $~
$3_00 O0 , 9600.00
$3~50,00 $350 O0
~3~op,oo _ $~oo.oo
$15,00 $16275 O0
9.oo.~_.99.~_- 9~oo.o.t.~o_..o..0~_.-
$5,o0o,o0_ $~,000.oo _
$1~0,00 9970,00
$300,00
$200.00 $4_~0.00
$~o,o0 $2oo,o0
$~o,oo $j.5o.oo
$15,oo $60,00
$300.00 $60.0_.~0_.........~
$5 ooo.oo $5 ooo.oo
$5 ooo.oo
$~6oo.oo . $4500.00
$2 250.00
$3o,_~oo
CITY ASPEN ENGINEERING NO. t96 P. 4
APR, 18,2005 ll;18AM
UNIT
$500,.00
B~D/TE_MDES~J~IPTION
install MUTCD compliant traffic signEA ' 0003
IAI/types)
Landecaping('l'opsoillaod/sprinkler rel~afr) SF 0580 $,16,00
Install Con,rate Curb & Gutter LF 0567 Sar0..00 ..
Conc. Pan, steel relnfomed - 8' Wide SY 0045 $72.00
(With ~urb retum,~)
Install storm sewer llne 15' LF 000?5 $100,OO
(Unit ~ld p#ce includes connection ancl reaforatlon of Itllet fo City Engilleer's aeflefactlon)
Geofabric Met - Traffic Rated SY 1008
Crushed Screened Rock Ton 0234
Aggregate Base Course - Class 6 Ton 0300
Concrete Pavement - 4" Thick SY 0319
(Sidewalk, Pedestfl~n Ramp, Pedes~an pad)
Concrete Pavement - 6" Thick SY 0080
(Dn'veway Ramp, Shelter Pad, Et~.)
Hot mixed asphalt (HMA) pavement Ton 0284
Pavement marking - Paint (38 mill) SF 1658
(Crop,wall, s, 6"wide lane line, Nffac, striping)
2" Dia. irrigation sleeve, 12" deep LF 0040
(PVC Schedule-40, with end cape for up to 4 run~)
Remove & Move Sheds LS 0001
site Clean-Up & Restoration LS
$.oo~=.~
$39,oo
$28.~o
$80,00
TOTAL
$~
$~280.,00 ,
$~
$50 0_.~
$7 20.7.7~
$~,4oo,oo
$5 360 oo
$~50.00 $42.600,00 _
$5,00 ' $~
$15.00. $600,00
$~
$10.000~0
~OTAL BID IN NUMBERS:
$10,000.00
299.O0 ]
Total Bid in Words; Two hundred eighty five thousandtwo hundred nlnet~
tline dollars and O0
that m submitt~ng th~s b d it is underatoed that the dght to reject any and all bids
I acknowledge ' ' '
has been reserved by the owner.
EIP-2OO~-Og,aoc BP'
04/19/2005 12:07 9708765'-343 LYUN L:UNSINUCI iON PAGE 84
'1 ~cknowledge thai in su }mittin9 tl~is bid jt is understood II,at the right to re ect any and ali bids
has beer rese~ed by the owner.
Atdhorized Olficer: .......
Full name sign8ture~- --~~" -~-
Company acldress' p ~.Box ~0 ~t C~ ,.~.1652 .~
Telephone number: 970 876-5944
F ax nu iT] be r: , 97,.0_,
Attested by:
sharon Krabbe __ .
Subcontractor & Material Supplier LiS. t
Name: j~and J..~B_c3&k~p-a-&-~'~4zp~-
Address: 740 Hwy ~33
Service or Product: ~ pi.g..c.s_&,.~1~anko3-e ~
N~qlT]e,'_ Casey concrete_-,
Address: .... 7858 t~wy 6 .&__24
,)(31¥lCe 01' Pl-odtlc[;
Name: _ Lyon _C~rA~_t.r_c~t-~n --
Acldl'8s$:_ p .._13., _B o.x--.1-1-g- si]t, Co- ·
Se(vice 0r Pmducl; ~ ,,AsphA1. L
Nan)e: A-1 Traffic Control. ..-
Address: 32595 ~wy 6 & 25 Silt, co..
Sel¥ice orProducl;--Traffic'COgtr°l
Name: Western Slope Ag~egates
0406 County Rd 104 Carbondale,co
Aggregates.
970
, Phone #:
., Phone fl: 97_~0 62.5-1 46.4_
Phone #: .%7D .m76-594.4
, Phone 11:_9 ? 0,___876- 07--~88
963-9424