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Home My WebLink Aboutresolution.council.034-06 RESOLUTION NO. 3t Series of 2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ASPEN AND THE ASPEN CONSOLIDATED SANITATION DISTRICT REGARDING THE POST OFFICE TRAIL PHASE II PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, Aspen Consolidated Sanitation District (hereinafter" ACSD") has a current contract with Western Slope Utilities, Inc., for complete improvements to the sanitary sewer lines under a trail easement owned by the City of Aspen; WHEREAS, there has been submitted to the City Council a Memorandum of Understanding between the City of Aspen, and ACSD to issue a Change Order to ACSD' s contract with Western Slope Utilities, Inc., to allow additional trail construction of the Post Office Trail Phase II, and to return the disturbed areas to preconstruction conditions, a copy of which 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 Memorandum of Understanding between the City of Aspen and ACSD to allow a Change Order for additional trail construction of the Post Office Trail Phase II, a copy which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said memorandum of understanding on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on ""L d'Y'~2006 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 on the day hereinabove stated. G:\tara\RESOS\mou-acsd-res,doc " A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ASPEN AND THE ASPEN CONSOLIDATED SANITATION DISTRICT THIS MEMORANDUM OF UNDERSTANDING entered into at Aspen, Colorado, this_day of ,2006, by and between the CITY OF ASPEN, COLORADO, municipal corporation and home-rule city (hereinafter "City") and and THE ASPEN CONSOLIDATED SANITATION DISTRICT, a quasi-municipal corporation (hereinafter "ACSD), (hereinafter the two entities "The Parties"). RECITALS: WHEREAS, ACSD is in the process of replacing the Sewer Line uoder a trail easement owned by the City of Aspen, hereinafter the "Project"; and WHEREAS, the ACSD currently has a contract with Western Slope Utilities, Inc.(Contractor) to complete improvements to the sanitary sewer lines and the Project, and return the disturbed areas to similar conditions prior to the start of the Project; and WHEREAS, the City wishes to expand the Scope of Work in the ACSD contract with the Contractor for additional trail construction by ACSD issuing a Change Order to the existing contract with the Contractor; and WHEREAS, the City would benefit from pricing in the ACSD contract with the Contractor for returning the disturbed areas to preconstruction conditions; and WHEREAS, The Parties hereto desire to memorialize the process and the responsibilities for which ACSD will issue a change order to it's existing contract with the Contractor to allow additional work required of the project. NOW, THEREFORE, The Parties hereto agree that ACSD will issue a Change Order to its contract with its Contractor under the following terms and conditions: I. Terms of Change Order I. The City shall provide a detailed Scope of Work, plans, and specifications to ACSD for pricing by the Contractor, which will be attached to, and become part of this Memorandum of Understanding (MOU), as Exhibit A. This Exhibit A shall be complete, and include the portion of work in the current ACSD contract with the Contractor that will be shifted to the Change Order, and the additional restoration and trail reconstruction proposed by the City. 4. The Parties shall have the right, but not limited to, attend meetings, perform on- site reviews, etc. that may be associated with the work in the initial, and any subsequent change orders. 5. The Parties acknowledge that the Contractor's manpower and equipment, schedule for, and work on the Sewer replacement takes precedent over the trail and parking area construction. III. Change Order Payment and Processing I. ACSD shall process the provided and approved payment for completed work, to the satisfaction the City Parks Department designee, under the following procedure: a. The Contractor shall submit a pay request to the Trail Coordinator on or before the 20th of each month in which the work is in progress. b. The Trail Coordinator will distribute the Pay Request to the Parties for review and approval, and shall provide to ACSD a recommendation to payor deny the Pay Request on or before the 25th of each month. c. ACSD shall process the approved payment to the Contractor in its standard payment procedure by recommending payment at the ACSD Board of Directors meeting, generally the first Wednesday of each month. d. ACSD will pay the Contractor after approval by the Board of Directors, and will immediately invoice the City for their proportionate share of the monthly pay request. e. The City will reimburse ACSD within thirty (30) days of receipt of the invoice. f. ACSD reserves the right to stop its Contractor from continuing construction on the Scope of Work, and any revisions thereof, if payment from the City is not received after 45 days from the date ofthe invoice for the previous month's work. 3 Exhibit: ' A' BID PROPOSAL FORM Project No. : BID DATE: January 19th, 2006 PROJECT: Post Office TraillWSU Change Order-City of Aspen PROPOSAL SUBMITTED BY: Western Slope Utilities via ACSD CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado via The Aspen Consolidated Sanitation District The uodersigned 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 Sixtv (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held between the Contractor, ACSD staff and COA Parks Department staff, 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 identified within the ACSD contract. 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 specifically 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 all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the Owner's satisfaction. Poor quality and workmanship shall not be paid for by the City and ACSD. Such work product must be removed immediately and replaced properly at no cost to the City and ACSD. 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 evaluating 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 accouot of any differences between the . amouot of work actually performed and materials actually furnished and the estimated amount of work. WSUcompleted POTraiIBidTab.DOC Page 1 Contractor's Initials ,,-~,-~,_._<-~,.~---"'--'-~""--'''' The City reserves the right to increase or decrease the amouot of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. ESTIMATED QUANTITY LIST (BASE BID) COMMON LUMP SUM BID ITEMS UNIT TOTAL BID ITEM DESCRIPTION UNIT OUANTI'fY PRICE COST MOBILIZATION LS $ $5,505.00 CLEARING AND GRUBBING-TURF AREAS FOR TRAIL (29.6 CY) LS $ $2,925.50 CLEARING AND GRUBBING-TURF AREAS FOR PARKING LOT LS $ $5,251.00 (62.75 CY) CONSTRUCTION SURVEYING LS 1 $ $1,500.00 CONCRETE CURB REMOVAL (EXISTING) LF 146 $4.00 $584.00 TRAFFIC CONTROL LS $ $4,750.00 TREE PROTECTION EA 5 $100.00 $500.00 REMOVAL OF ASPHALT MAT SY 252 $10.00 $2,520.00 BOULDER RETAINING WALL CONSTRUCTION FF 1785 $26.20 $46,767.00 UNCLASSIFIED EXCA VA TtON (CUT) (COMPLETE IN PLACE) CY 117 $44.55 $5,212.35 EMBANKMENT MATERIAL (FILL) (COMPLETE IN PLACE) CY 160 $44.55 $7,128.00 AGGREGATE BASE COURSE (CLASS 6)-6 INCH DEPTH FOR PARKING CY 45 $50.00 $2,250.00 AREAS AGGREGATE BASE COURSE (CLASS 6)-5 !HCH DEPTH FOR TRAIL CY 47 $50.00 $2,350.00 AREA WOOD 3-RAIL FENCE (54 INCH) LF 555 $12.00 $6,660.00 BITUMINOUS BIKEWAY (3 INCH DEPTH) SY 339 $68.85 $23,340.15 HOT MIXED ASPHALT (GRADING SX) (ACIOF) PARKING LOT SY 268 $68.85 $18,451.80 PAVING (3 INCH DEPTH) CONCRETE CURB & GUTTER (12 INCH WIDE) LF 215 $55.00 $11,825.00 PAVEMENT STRIPING LF 311 $3.00 $933.00 TOPSOIL (COMPLETE IN PLA.CE) CY 61 5300.00 $18,300.00 SEEDING (NATIVE) LS t $ $1,500.00 MULCHING LS $ $1,000.00 TOTAL BASE BID IN NUMBERS:$169,252.80 Total Base Bid in Words: One Hundred Sixty Nine Thousand Two Hundred Fifty Two & 80/1 00 WSUcompleted POTraiIBidTab.DOC Page 2 Contractor's Initials ,.... ~-g :J ~ C .- .- .D ~ .- c ~ 0 >C.o w-- ~ <-- z d o 'g j::;;;;;, ~~3 ","'0 O"'U ~::r:(.I., l.Ll _f-<O u ...."'''' v.:Of-< ~....;::: "'~ "'. !:;1;S 2':"'_ 0"0.. 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'" _ 0. .J // O:I:~ . -l Vl . -W~ 1/ ~~i:: .........-..........jJ.. 0. - -< U ,..;..:.,.: ~-. ...... ...... . . ;! i~ ~~ ..... / al ::td ~~ ~7; ~i ~I ~ll.: ~ l.1 m -ill- " t i~""'''''''''''''''' "'~ ~c: ~I :;;1lI ~~ \ i' 1 " , ~!~ ,~ . 'j ~ -' ---...... / ..... / L J A t:t:achment: B CHANGE ORDER NO.2 RE: Aspen Consolidated Sanitation District (ACSD) 2005 Sewer Line Replacement Projects Specification # 874 ASD 97/114 Change Order No.2 has been requested by the Contractor, Western Slope Utilities, Inc. (WSU) for compensation to perform additional work: entitled "Post Office Trail Phase 2 Constr\lCtion" including, but not limited to, remove and replace asphalt trail, embankments, fencing. traffic control, etc., as shown on the atl>1ched Exhibit A comprised of three pages. The Total Request fur this change is $169,252.80 to be completed within 60 Calendar Days from the Notice to Proceed- Changes in the Contract Price and/or Contract Time, which are hereby agreed to by the parties through this Change Order shal1 constitute a full and fi.nal change or amendment to the above referenced Contract for any and all changes of which the Contractor is or sbouldhave been aware as of the date of this Change Qrdcr. Accordingly, execution of this Change Order by the Contractor shaI1 constitute a waiver on the part of the Contractor of any further claims for changes, including claims for consequential changes, in the Contract Price or Contract Time, which occurred or may have occurred up through the date of this Change Order, whether such changes were expressly set forth in this Change Order or not, and whether such changes may result as a consequence of such changes of which the Contractor is or should have been aware, as of the date of this Change Order. In addition, all of the terms and conditions of the original Contract, Plans and Specifications apply to this Change Order. Pursuant to Section 111 of the General Conditions, WSU agrees that: it is responsible for all the acts and omissions of its sub-contractors; WSU warrants all worlc: performed under this Change Order; and, WSU indemnifies the ACSD and 68West Engineering, Inc. for all work performed under this Change Order. REQUESTED: Contractor's Authorized Representative Date Date 11!f!) tl-t t'l ___/ ft r.f. C(, RECOMMENDED: Engineer's Authorized Representmive APPROVED: ACSD's Authorized Representative Date &8West! jEngineerlng,lnc. 1860 Blake street. Suite 200. Denver. CO 80202 p.303.295.6806 . f.303.295.6807 cr