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Home My WebLink Aboutresolution.council.050-10RESOLUTION # (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF INC. SETTING ASPEN, COLORADO, AND J&J CONCRETE STRUCTURES, FORTH THE TERMS AND CONDITIONS REGARDING CONCRETE TRAIL REPLACEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and J&J Concrete Structures Inc., a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and J&J concrete Structures, Inc. regarding concrete trail replacement for the city of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~ 3 ~ ZDIU ~'~ Michael C. I land, Mayor 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, July 26, 2010 Kat S. K ch, City Clerk Ara4Nat~e CONTRACT FOR CONSTRUCTION •wasrr~lw TH18 AGREEMENT, made and snbrod inm on July 26, T010, by and between the CIT1/ OF ASPEN, Cobratto. hereintdbr called Mte 'City, and J i J CONCRETE INC., hera+r~llar Celled tha'Contratxor•. WFIEREA8, the City has caused to be prepared, in aoCOrdenoe with tf-e law, speclifcaMorre and other Contract Documents for Mb work heroin desalted, and has approved snd adapted said doaarwrts, and hss caused m be pubMslted, in the nrarrrsr and Tor the tkrre required by law, an advertisement, tar the project ABC Trall t.Orlcreta ProJaci, and, WHEREJIB, Mrs Contractor, o resporne b such adrerMserrbrR a in response b direct invitatbn, has submitted to the Ciry, in the manner and at the time apedM1ed, a sealed Bid in accordarKe with Mrs terms of said Invitation for Bids; and. YYHEREAB, the Clry, In the manner prescribed by taw, has publicly opened, examined, and carwassed the Bids subnrilbd h response b M+e pubNshed kwkatlon Tor Bids Mtsrefae, and as a result of such canvass has determined and dedered the Conttctor >p be Mie Iowest responsible and respor-sive bidder for the said Work and has duly awarded to Mte Contractor a Cor7traCt For CarstrucMon ttw-afore. Tor the twm or scans set forth haeir, NOW, THEREFORE, in conelderation of the payments and Contract for Construction trer~an mentioned: 1. The Contractor shell commence and complete the consbudion of Mie Work sa fully described in Mrs Contract Dopanertls. 2. The Contractor aheA famish all of the materials, supplies, tools, equipment. labor and older setvioes necessary for the car-structiort and completion of Mrs VYak desalted heroln. 3. The Contractor shall. commence the work required by Mte Contract Doarments wMlwr seven (7) o0r16eCUtiue calaldar days afbr the dab of 'Notice To Proceed' and wiM compote the sarrw by the date end time indicated in the Special CorxJitionc unles8 the time is extended in aooordar-oe with approptieb provisiwrs in M1a Cartrad Doganertb. 4. The Contractor agrees to perform all of the Work desalted in Mrs Contract Documents and compy with Mrs lsmrs Mrerain for a sum riot >n euxeed Ftlly Tihprtssrd Ora Hundred Tvrertty Five (:50,125.00) DOLLARS or as shown on the BID proposal. 5. The teem 'Cartrelct Doaartents' means and includes the doamerrts tistsd h Mrs City of Aspen General Conditions to Contracts for Construction (vereion dC97-2) and in Mrs Spedal Conditiorre. The Contract Documer~ ere included herein by Mils reference and made a part Ftereof es if futiy set forth here. CCi-077.dx Gapr t "CC1 O1/6d 8ZL50260L6 u499f4ZL0L8 NO15NtOr 8S'SL 6l-LO-0102 6. The G1y shall pay to the Contracts in the manner and at wch tirrre as set forth in the Generel Corrditlorre, ur>tess modified by the Special Cordkiens, wch amount rile r~q.urvd by tlw Ooaumonb. 7. This Contrary br Coristrut~en shah be bindsg upon atl patine trerato and Moir reapectlve hero, e>oeartas, administrabora, armors, and assipru. Nobrnithstnding anything to the oonlrary contained hereto s in the Confrect Documents, Mtia Contrail far Canstrudlon attsN be subjad b the City of Aspen Proaremerrt Coda. Title 4 of the Munidpal Code, inckrding the approval requirement of Ssctlan 4-08-040. This s~greenrerK shag not be binding upon the City urdess duly execu0ed by ttre City Manager s the Mayor of Mrs City of Ashen (s a duly atNtsixed ofGdat in hisAter abaertoe) idlawirg a resdutlon of the Courrdt of the City of Aspen suMarizing the Mays s Oily Manager (or a duly authorized ofAdal in hirmer absence) tb execute the soma. 8. This agreement and all of the covenant hereof shall inrxe th the banstit of and be binding upon the City and ttra Contractor respeWvely and ttretr agents, ropreasrrgtlves, employees, Suooaseora, assigns, and kigal rapressrrtaives. NeiMrer Mrs ~y nq Mte Contractor shah have the right th assign, trensfar s wblet his or her interest s obtlgatlons horwnder wdtwut the written corroerr< of the other party. 9. Thy agreement does not and shah not be deemed s oonstrtred to canter upon s grant io any Mrird party s pertiea, e~roept to partea to whom the Cattracls s Mrs Clly may assign Mris Cartratx Fs Corrstrudion in aocadanoe with the spaaric written owaxrr< arty rights to claim damages s to bring wit, action s dher proceeding against eiMrer 1M CUy or the Contracaor becsuae of any breech hereof s because of ary of the Oerrns, coverrenla, agreement or oondilons herein cantair>4d_ 10. No waiver of default by either party of any terms, covenant s condMioru hereof to be performed, kept and obcervad by the ottrer parht atraN ba aortsbued, ar aperak aa, a waiver ~ any wbsequent default of any of the terms, covenant or conditions herein contained, to be perfomred, kept and observed by Urs other party. t 1. The parties agree that this Contract For Construcion was made in aocardance with the laws of the Scats of Colorado and shall be so oonatnbd. Venue is agreed fa be kept exdtssively in the cotats of Pilkin CourAy, Colorado. 12. In the event that k+gsl action is necessary to enforce arty of the provisions of this Contract for CorutrtrcMon, the prevetling party shah be entitled to its cast and reasatsble attorney's fees. 13. This Contract Fs Canetruriion was reviewed aril aooepled Mrrorgh Mrs narhrai effort of the panes ha9eto, and ttte parries agree that no constrtrctlon shall be made s presumption shall arise fs s against eittrer party based on any atleged unequal status of the partlea in the negotiation, review ar drattlrg of this Corrtrat# For Carrstrttdion. 14. The undersigned representative Of the Contractor, as en inducement to the City to exeaaEe this Centred For Csrstrtxtion, repreaertt that trelahe k an atAhariaed representative of the Confrodor for the purposes of exearirtg this Contract for ConsUuciion and that helshe has full and complete auUwrity to enter into this Contract For Cor>strrxsion for the terms and tvnditlons specNfad hereto. 1N WfTNF.33 WHEREOF, the parties agree hereto have executed ttus Contract For Conshuclton on the data first above amtlbn. ATT CITY OF PE OLORAD~O ,~ gy; ~/~~,.~.,' Tdle: C ~~'"'~ RECOMMENDED FOR APPROVAL: C-~ ring Department ATTESTED BY: APPROVED~A,S~TO FORM: ~._ CnY ey - CONTRACTOR: gy; S~- Title:,a:.,c. Note: Certification of Incorporation airsll be executed M Contractor is a Corpor+tion. I} a part-erahip, the Contract sFraN be signed by a Principal and indicate tilts. CC1~7/1AOC ~9 "()C1 Attathment B: below is of the ABC Trail concrete re-placement area. Construction is going to be along The vicinity map Road. the North side of Highway 82, between Stage Road & Harmony `sr '~ --- .;.. TOUR ~ ~~ ~ ABC TRAi~. ®E ~ ... ~ ~• _. __ ~~ ~~