HomeMy Public PortalAboutResolution 2013-03-01 Accepting the Low Bid for Construction of the US Highway 40 Stormwater Drainage Pipe Crossing Project TOWN OF FRASER
RESOLUTION NO. 2013-03-01
A RESOLUTION ACCEPTING THE LOW BID FOR CONSTRUCTION OF THE U.S.
HIGHWAY 40 STORMWATER DRAINAGE PIPE CROSSING PROJECT,
AUTHORIZING ISSUANCE OF NOTICE TO REQUIRE THE DEPOSIT OF
CONSTRUCTION FUNDS FOR SAID PROJECT, AUTHORIZING ISSUANCE OF THE
NOTICE OF AWARD TO THE CONTRACTOR AND EXECUTION OF THE
AGREEMENT WITH THE CONTRACTOR, WITH CONDITIONS, AND AUTHORIZING
EXECUTION OF A STIPULATION FOR DISMISSAL OF PENDING LITIGATION.
WHEREAS, the Town of Fraser previously entered into a Settlement Agreement
relating to Civil Action No. 2010CV143 in the District Court for the County of Grand,
State of Colorado, wherein the other parties are FRASER VALLEY INVESTMENTS,
LLC ("FVI"), and CORNERSTONE WINTER PARK HOLDINGS, LLC and GRAND
PARK DEVELOPMENT, LLC (collectively, "Cornerstone"); and
WHEREAS, the Settlement Agreement provides for the installation of a
stormwater drainage pipe under U.S. Highway 40 in order to resolve certain drainage
issues and disputes involved in such litigation; and
WHEREAS, the Town has solicited bids for the installation of said drainage pipe,
referred to as the US Highway 40 Stormwater Drainage Pipe Crossing Project, and the
lowest, responsible bid received was submitted by ATH Specialties & Sales, Inc. of
Grand Lake, Colorado, in the amount of$137,981.00; and
WHEREAS, it appears that said low bid meets the requirements of the
Settlement Agreement and the Board of Trustees desires to accept said bid and to
institute the procedures provided in the Settlement Agreement for the deposit of the
funds required for the project and for the award of the construction contract.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF FRASER BOARD
OF TRUSTEES, AS FOLLOWS:
1. The Board of Trustees hereby accepts the bid submitted by ATH Specialties &
Sales, Inc., in the amount of$137,981.00, for construction of the US Highway 40
Stormwater Drainage Pipe Crossing Project in accordance with the plans,
specifications and documents for such Project prepared by the Town Engineer (the
"Project Documents"), subject to the conditions hereinafter specified.
2. The Town Manager or his designee is authorized to give notice pursuant to Section
3.4.1 of the Settlement Agreement, requiring FVI and Cornerstone to pay their
respective maximum contributions of the Construction Costs for the Pipe Crossing
Project within 10 days of such notice.
3. The Board of Trustees hereby authorizes and approves the award of the contract for
construction of the Pipe Crossing Project to said winning bidder,ATH Specialties&
Sales, Inc,subject to the condition that said contributions due from FVI and
Cornerstone for payment of the Construction Costs are received and deposited by
Town in accordance with the terms of the Settlement Agreement, The Town
Manager or his designee is authorized to give Notice of Award to said bidder, in
accordance with said condition and the provisions of the Project Documents.
4. Provided that said contributions are received and the successful bidder satisfies all
requirements relating to the award of the contract,the Town Manager or his
designee is authorized, on behalf of the Town,to sign the Agreement with the
contractor for the work,as provided in the Project Documents.
5. Upon satisfaction and fulfillment of all of the terms and conditions specified in
Paragraphs 2, 3 and 4 above,the Town Attorney is authorized and directed to
execute a stipulation for dismissal of the pending litigation, as provided in Section
4.1 of the Settlement Agreement, and Town staff are authorized and directed to
proceed with the completion of the Pipe Crossing Project in accordance with the
Settlement Agreement and the Agreement for construction of the Project.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF
TRUSTEES THIS 6"day of MARCH,2013.
Votes in favor: -7 BOARD OF TRUSTEES OF THE
Votes opposed: __nL TOWN OF SER, LORADO
Absent:
Abstained: d� BY:
Mayor
ATTEST
(SEAL)
Town Clerk