HomeMy WebLinkAboutresolution.council.065-05RESOLUTION NO. ~
(Series of 2005)
A RESOLUTION GRANTING CONSTRUCTION CONTRACT TO LYON CONSTRUCTION,
FOR CONSTRUCTION OF THE RIO GRANDE REGIONAL STORMWATER QUALITY
FACILITY, PHASE-I 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
As~en, 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:
" fie len ~Kali~l~landemd, Mayor
I, Kathryn S. Koc. o.~, duly appointed and acting City Clerk do certify that the foregoing is a tree and
accurate copy ~T ttl/at resolution adoDied by the City Council
(~~//c~c~c, 2005. of the City of Aspen, Colorado, ~at a
meeting
held
08/16/2005 18:89 9708ZG5943 LYON CONSTRUCTION PAGE 02/17
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on
OF ASPEN, Colorado, hereinafter called the
hereinafter called the "Contractor".
, by and 'between the CITY
"City", and LAon Constructi.on , ,
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications end other Contract Documents for the work herein desddbed, 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: Rio Grande Reqional Stormwater Q.u. ality
Facility Phase I (Project 2005-039), 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 ha~ 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:
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 ~:ompletion 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 pedorm ail of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed
163.428.00 DOLLARS or as shown on the BID
proposal.
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. ~/~,
P~ge I CC"
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13,
14.
The City shall pay to the Contractor in the manner and at such time as set forth in the
Genbral 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 the City nor the
Contractor shall have the dght to assign, transfer or sublet his or her interest or
obligations hereunder without the wdtten 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.
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.
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 attomey's fees.
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.
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.
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08/16/2005 10:09 97087G594B LYON CONSTRUCTION PAGE 04/17
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above wdtten.
ATTESTED BY:
CiTY OF ASPEN, COLORADO
By:.
Title:
RECOMMENDED FOR APPROVAL:
City Engineering Department
APPROVED AS TO FORM:
By:
City Attorney
ATTESTED BY:
Title: Vice President
Note: Certification of Incorporation shall be executed if Contractor i~ a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicat~J title.
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88/16/2885 10:09 9788765943 LYON CONSTRUCTION PAGE 05/17
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ~_¢ {¢ c~. A,/~3 ) .
)ss.
COUNTY OF ~ r~[~ {~ )
On this / ~,./-L~ day ofO_zt~ ,20~:::)3~', before me appeared
¢'
· Ke]_lv ~,_von , to me personally known, who,
being by me first duly swom, did say that s/he is Vice ~=esiaent of
Lyon Construction_, 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 corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
Address
My commission expires': ~
Project No.: 2005-039
BID DATE: August 15, 2005
PROJECT: Rio Grande Regional Stormwater Quality Facility - Phase I
(CONTRACTOR)
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without
collusion or connection with any other person or persons bidding for the same work, and that it is made in
pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid
and request for bid, all the requirements of the bid documents including the plans and specifications for this
bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open
for SixtF (60) consecutive calendar daFs fi"om the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre~constmcti0n
conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission
of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish
construction within the time specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the
City, to waive any informalities or to reject any or all bids.
The City shall not pay the Contractor for defective work and/or for repairs or additional work required for
successful completion of the project. All work not specifi'~ally set forth as a pay item in the bid form shall
be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection with
furnishing the proper and success completion of the work, including furnishing ali materials, equipment and
toolsd and performing all labor and supervision to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The
basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees
to make no claims for damages, anticipated profit, or otherwise on account of any differences between the
amount of work actually performed and materials actually furnished and the estimated amount of work.
The City reserves the right to increase or decrease the amount of work to be done on the basis bf the bid
unit price and up to plus or minus Twenty Five (25) Percent of the total bid.
I hereby acknowledge receipt of ADDENDUM(s) numbered
BP-2003-O38.doc BP*
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la,~lwl108/15/2005
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9708765943
LYON CONSTRUCTION
ESTIMATED BID QUANTITIES
BID ITEM_DESCRIPTION
UNIT
UNIT ~ PR[CE
PAGE
TOTAL
COST ,
01/02
Mobilization & Demobilization LS 0001
Traffic Management LS 0001
Erosion & Dust Control LS 0001
Cleadng and Grubbing. LS 0001
Unclassified Ex. and Haul CY 0306
Sfructural Backfill/Embankment CY 0143
Sawcut Pavement (full depth) LF 0110
4' Diameter Manhole EA 0002
Diversion Manhole - (MH 2) EA 0001
Diversion Manhole - (MH 4) EA 0001
Pretreatment Sedimentation Basin EA 0001
Stormwater Sampler w/Flow Meter EA 0002
Install one inch Diameter Elec. Conduit LF 022,5
(Buded 24" deep)
Meter Socket LS 0001
Control and Breaker Panel LS 0001'
15 Amp Wiring for Sampler LF 0235
Remove/Replace 5' Concrete Sidewalk LF 0060
Remove/' Curb and Gutter' LF 0060
Landscaping ' SF 0100
12I' Riprap @ RCP Outlet CY 0037
24" RCP Storm Sewer LF 0141
24" RCP FES w/3' Toewall EA 0001
18" RCP Stubout LF 0008
Asphalt Paving TON .0048
Remove/Replace Rock Wall SF(f, ce) 120
Remove/Replace Concrete Trail (6') SY 0023
$ 3t500.00
$ ~ -~.
500.00
3,000.00
24.00
$ 5~.00
$ 8.00
$_3_,_0._0._0_, 00
$15 t500.(~0
$.~4;$oo.oo
· $ 14,300.00
$ 3,500.00
$_ -?"
· $, 500.00
3.000.00~
7,344,0'0
72 .oo
880.00
$ 6~000,00
$15,5op.oq
$~4;soo.oo
$28,600.00
15.00 $. 3,375.00
600.00
2,500.00
2.00
600;OO
2,500.00
47.0.00
$ 75.00 $ 4~500.00
$ 30.OQ $_1.~1~800.00'
$ TBDBC'3 $ TBDBC
$ 70.00 $_~z~ 590.00
$ 147.00.
$_Z.,3,,5_0..,~
.$ .,.,3 oo.o¢
$ 150.00 $ 7,200.0~
$~__.8.34 $ 1,0d0.00
$ 90.00 $ 2,070.00
88/15/2085 i7:05 9708765943 LYON CONSTRUCTION PAGE 02/82
Mulching
Fencing addendum #2
SF 2000 $ .5o $ ..1..,ooo .oo
3,000.Ob
ITOTAL BID IN NUMBERS: $_363,_4~8.oo ... 1
Total Bid in 'Words:
I acknowledge that in submitting this bid it is understood that the dght to reject any and all bids
has been reserved by the owner.
:~vl,'ws. f~ ~ 7000.00 . 700.00 ,..,',_,Ci_t anti o¢4zJ.~x:l ~ an ~,1"1¢t.~,_.~ cn each 'cr~.
Authorized offlcer~' Iz~ ~-----~,_,.---//-,,,~7 , Title: .. ]gsid,,,~f ,:,,.
Fu, ---___
Company address:' K)~c~ 110, ~ ~ 816'5"f
Telephone number: F'/o-876-5'9~
Fax number:. 970-~6-59,t3 .
Subcon.trac. tor & Material Supplier List'
Namei' ~'~'
Address: 3215 O3.r~ ~ ~15, S~b, oo 81652
Service or Product: ~
Phone #: 970-.876~
Name:
Address:
,Phone #:
Service or Product:
. Name:.
Address:
, Phone#:
Service or Product: