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HomeMy WebLinkAboutresolution.council.030-84Resolution # 84~ ~ Approving the Award of Contract for Construction of Picnic and Trailhead Facilities at the Confluence of Rocky Fork Creek and the Fryingpan River. Whereas The City of Aspen and Pitkin County entered into Collection Agreement #31-84 with the U.S. Forest Service on June 25, 1984, and; Whereas that Agreement called for the construction of certain trailhead and picnic area facilities at and near the confluence of Rocky Fork Creek and the Fryingpan River by the City and County, and; Whereas the Joint Hydropower Department, acting on behalf of the City and COunty, has solicited bids for said construction and has accepted and ~Ta],~ ~-~ .... ~-- ~=- in accordance with all applicable City and County procurement procedures; · Now, Therefore, Let It Be Resolved: That the City of Aspen and Pitkin County do hereby accept and approve the attached Contract for Work to be per- formed by the Aspen Building Corporation in accordance and in cooperation with the U.S. Forest Service and under the direction of the City-County Joint Hydropower Department. Signed'this ~-~day of ~.~D~e~e~, 1984o William Stirling, May~, City of Aspen M1Jha~l K~nsle~,-Ch'ai-rm~, Board of County Commissioners CO~rPRACT THIS CONTRACT, made and entered inte this /~ day of / .~~__, 1984, by and between Pitkin County/She City of Aspen, Colorado, hereinafter called the "Owner", and Aspen Buildin~ Corporation, Aspen, Colorado hereinafter ~] led the "contractor"; WITNESSETH: ~e Contractor, in consideration of the sum to be paid him by the Owner and of the covenants and agreements herein contained, hereby agrees at his own oost and expense to do all the work and furnish all the materials, tools, labor, and all appliances, machinery, and appurtenances for construction of the Rocky Fork Trailhead and Picnic Ground to tb~ ?xtent of the pro_uosal made by the contractor, dated the 9~day of . ~o%o%\~ , 198c% , all in full compliance with the contract documents referred to herein. ~he AdvertisenTmnt for Bids, Instructions to Bidders, Bid Forms, contract Form, General Conditions, Technical Specifications, Drawing entitled Rocky Fork Trailhead and Picnic Ground, Insurance Certificates, Guange Notices, Change Orders, all addenda and modifications are hereby referred to and by reference made a part of this contract as fully and completely as if the same were fully set forth herein and are mut,~] ly cooperative therein. In consideration of the performance of the wDrk as set forth in these Contract Documents, the Owner agrees to pay to the Contractor the anount bid in the Proposal as adjusted in accordance with the Contract doctm~nts, or as otherwise herein provided, and to make such paymants in the manner and at the times provided in the Contract doctm~nts. ~e Contractor agrees to c~-~lete the work within the time specified in the Contract doc%~nents and to accept as full payment therefore the amounts computed as determined by the Contract documents and based on the said Proposal. In the event that the Contractor shall fail to c~t~,lete the work within the time limits or the extended time limit agreed upon, as m~re particularly set forth in the Contract documents, liquidated damages shall be paid at the rates stated in the Contract documents. IN WITNESS ~REOF, we, the parties hereto, each herewith subscribe the CITY OF ASPE~ A.D., 19 ~. PITKIN COUNTY, COLORADO CON ~RACTOR Title: COLLECT ION AGRE~iENT __ _ R.~:. For ~- ~-- S~it Sci .... between . ~im~er Fern-- , ~ist C~erk ~ CI~ OF ASPEN and PITKIN COUNt- .FTech ~ _~P~rs.C~erk ~ and - ~ITE RIVER.NATIOnaL FOREST, USDA - FORE~ ~m~vz~ ~ 31(84) THIS COLLECTION AGREEMENT by and between the City of Aspen, Pitkin County, and the Forest Service, U.S. Department of Agriculture, under the provisions of the Act of June 30, 1914. WITNESSETH: Whereas, the Forest Service, hereinafter referred to as the Service, desires to construct, operate and maintain a picnic ground and a trailhead along the Fryingpan River below the Ruedi Reservoir Dam and, Whereas, the City of Aspen and Pitkin County desire to cooperate in the construction of the picnic ground and trailhead. Now, therefore the parties hereby mutually agree that it is desirable to cooperate as follows: Ao The City of Aspen a~d Pitkin County agree i. To pr~ide materials and grading for the Rocky Fork Picnic Ground to the funding level of $19,100 as shown in the enclosed Appendiy 1. 2. ~ ...... ~ ~ ~ ~ ~-~ grading'for the Rocky ~u -- r .... d-,,mt .......... - ........ funding level of $16,500 as shown on the enclosed Appendix 1. 3. Install one toilet each at the Rocky Fork Trailhead and the Rocky Fork Picnic Ground. Be The Forest Sezvice agrees within 1. To provide design and engineering plans for the Rocky Fork Picnic Ground and Trailhead as specified in the enclosed '" To provide labor to install picnic tables, fire rings, barrier logs and smgns as shown on the enclosed Appendix 1. The I. parties mutually a~ree No member of delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to'any ben,- fit that may arise therefrom; but this provision shall not be con- strued nor extended to this agreement if made with a corporation for its general benefit. In connection with the performance of work under this agreement, the provisions of Form AD-369, Equal Opportunity, enclosed, are hereby included as a part of this agreement. On Form AD-369, "Contractor(s)" means "Cooperator(s)" and (Contracting Officer" means "Forest Service". 3. The period of this agreement shall be from the date of execution until terminated by mutual agreement or on 30 days written notice from any party to the others. 4. Any changes in the provisions of this agreement which are necessary and proper will be made by formal written agreement. 5. Nothing in this agreement shall be construed as obligating the Forest Service to expend, or as obligating the U.S. Goverr~ent in any obligation for future payment of money, in excess of appropriations authorized by law. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written below. Chairperson Board of Commissioners Pitkin County 'City of Aspen 25 JUNE, 1984 Date /_Forest Supervisor O / White River National Forest Date APPENDIX 1 COST ESTIMATES FOR RECREATION DEVELOPMENTS Rocky Fork Trailhead Toilet $ 8,000 Gravel 200xS0x6" 4,000 Parking Barier Logs 1,000 Signs 1,000 2,500 Grading $ 16,500 Picnic Area Grading $ 2,500 Gravel 5,000 Toilet 8,000 Tables 2,000 Firerings 600 Parking qarrier Logs 2,000 Signs 1,000 '-' $ 19,100 plus Trailhead $ 16,500 TOTAL $ 35,600 As funds are available the 1) design and engineering tables, firerings, barrier Sopris Ranger District will provide: plans, 2) labor to install picnic logs, and signs. The City of Aspen and Pitkin County will provide: 1) all materials, 2) install toilets, $) perform grading, 4) haul and spread gravel {there is a possibility the District will be able to provide the gravel from Twin Meadows). UNITED STATES DEPARTMENT OF AGRICULTURE EQUAL OPPORTUNITY (The [ollowing clause is applicable unless this contract is exempt under the rules, regulattons, and relevant orders o/the Secreta~/ o[ Labor (41 CFR, ch. 60). During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against an)' employee or applicant for employ- ment because of race, color, .religion, sex, or national origin. The Contractor ~ill take affirmative action to ensure that applicants are employed, and that emplo.~ees are treated during employment, without regard to their race color, religiou, sex or national origin. Such action shall include, but not be limited to, the follo~ing: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Coutractor agrees to post in conspicuous places, available to employees and applicants ~'or emptoymeni, notices to be pro - vided by the Contracting Officer setting forth the provisions of this Equal Oppof tnnity clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive ~n~ sideration for employment without regard to race, color, religion, sex or nat~'3na~ otis. in. (c) (d) The Contractor will send [o each labor union or representative of ~orkers ~ith which he has a collective bargaining agreement or oHter contract or understand.~g, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under this Equal Oppor- tunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will comply with all provisions of Executive Order No. 11246 September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) (f) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and order~ of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and thc Secretary of Labnr for purposes of investigation to ascertain compliance with such rules, regulations, and orders. [n the event pi thc Contractor's noncompliance with the Equal Opp.rtunity clansc of this contract or with any of the said rules, regulations, pt orders, this coutract ma) be canceled, terminated or s~spended, in whole or in part, and the (h,n.actor may be declared ineligible for further Government contracts m accordaucv whh procedures authorized in Executive Ordrr No. 11246 t)f September 24. 19(,3. and snch olhcr saul-lions lU;t} bc J,lpoNed and remedies ill~oked as provided in Exccu.vc Order No. 11246 of September 24, 1965, or by rnle, regulation, or order pi the Secretary pi Labor, or as otherwise provided by law. FORM AD-369 tREV. tt-,~l FFR (41 CFR) I-1Z, 803-2