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Home My WebLink Aboutresolution.council.093-01 RESOLUTION NO. (SERIES OF 2001) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A CONSTRUCTION CONTRACT BETWEEN THE CITY OF ASPEN AND TOM REDD CONSTRUCTION, INC., 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 Construction Contract between the City of Aspen, Colorado and Tom Redd Construction, Inc., a copy of which is annexed hereto and part thereof. NOW, THEREFORE, 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 that a Construction Contract between the City of Aspen. Colorado. and Tom Redd Construction, Inc., regarding The Golf and Parks Soil Storage Bins, 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: ~~ ~ ,2001 I, Kathryn Koch. duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolutioj~ a_dopted by the. City Council of the City of Aspen. Colorado, at a meeting held _~ ..~ , 2001. Kathryn S K~/~h~ City Clerk CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on ..S.S_ep_t.¢~j~.r.~.8.,~!)01_. by and between the CITY 'OF ASPEN. Colorado, hereinafter called the "City", ~r~d~..T_.on.!_._Re.d_~._O.p_..~s_t_f;uCtip.~;f¢ , h(~reinafter cal~ed tile "Contractor'. WHEREAS, the City has caused to be pre~are(~, ;n accordance with lhe law, ,:;'speciF, catior~s and other Contract 0ocumer'~ts for the wor¢'~ herein described, and has approved and adopted said documents, and has caused to be pub~tished, in the r~anner and for the time · ,'·:required by law, an advertisement, for the project: ¢_O.~,!~_,,~N_.~_P.._A_R.K_~._S.._O_!_L $~O....RA~._G...[ .B._IB~. : and. WHEREAS, the Contractor, in response to suct~ advertisement, or ir~ I'asponse to direct ':invitation, has submitted to the City, in the mannel and at the time specified, a sealed Bid in accordance with the terms o~ said Inv;tation for Bids; and, WHEREAS, the City, in the mantlet prescribed by law, has publiciy opened, examined. :and canvassed the Bids submitted in response to the pt. blished Invitation for 8ids therefore, ':and as a result o¢ such canvass has determined and declared the Con~.racto¢ {o be the lowest · .responsible and responsive bidder fo~' the said Work and has duly awarded to the Contraclor a 'Contracl For Construction tl~ere~ore, for the sum or sums s(!t forth herein: NO~N, THEREFORE, in oon,~{deration of the payments and Contract for Construcbon 1. ]he Contractor s~atl comr'ner~ce and compte[e the constructioi~ of the Work as /uily described in the Cor~tf a,,.;t Documents. 2. The Contractor shall rumish a;l of the materials, sur.~pties, tools, equipment, labor and olt~er services necessary for tho const/uction and completion of the Work described hereh~ 3. 'The Contractor shall cornmence the worJ( required oy the Contracl Oocuments wid~in seven (7} consecutive calendar days after the date of "Notice To Proceed" e~d cotmptete the same by [he data and time indicated id Ihe Special Co,'tdltions u~less the time is extended in accordance with appropriate provi~io~s in the Contract 4. The Contractor agrees [o perform att of [he Work de,4c~ibed in the Contract Documents an8 comply with the terms therein for a sum not,to exceed(in words~ Forty*Eight -Thoidsand and Six-Hur~dred and Twer~ty~five a~*~d i~o cents ($48,625.0D) DOLLARS or aS shown on the BiD proposal. I 5 The term "Contract Documents" me~ns and in.c.k~des the docun~er~ls hsled in ¢'~e Cky of Aspen Genera) Conditions to Contracts (or C.o~'~struciior~ (version GC97-2) and ~1~ the Special ConditionS. The Contract Documents are included herein by this reference and made a part hereof as if fully se[ forth here, · 5 t"ho City shall pay to the Contractor in the manner and al such time as set fort~ in the General Conditions, unless modified by fha .~;peciai Conditions, such art!cunts as required by the Documents. 7, this Con~ract For Construction shall be bindi~ig upon all parties herelo and their respective heirs, executors, administrators, successors, and assigns, Notwithstanding ac~ytbiog to the contrary contained herein or in tho Contract Oocumenls, this Centred For Constr~ctJon sha!l be subject to the City o¢ Aspen Procurement Code, Title 4 Of the Municipal Code, including the approva~ requ)rements of Sect;on 4.08-040 This agreement shell not be binding upon the City unless duly executed by the City Manager or lhe Mayol of the City of ~Aspen (or a duty authorized official in his/her absence) following a resolution of the Council of the C~ty of Aspen authorizing the Mayo¢ or City Manager (or a duly authorized official iff his/her absence) to execute the sa~T~e. 8. this agreement and al~ of the covenants hereof she!) 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 Co.qtractor shat) have the right to assign, transfer or sub)et his or her interest or obligations hereunrter without the wdtten consent of the other party. g, This agreement does not and she;; not be deemeC or cOnsbued to confer upon or gra~t to any third party or parties, except to parties to wt~om the Contra¢lor or the Oily a~sign this Contract For Co/lstruction in accordance with the specific written consent, dghts to claim damages or to bri:~g suit. action or other proceeding against either the Oily or the Contractor because of any breach hereof or because of any of the terms. covenants, agreomertts or conditions herein contain, ed 10 NO waive~' of default by either party Of any terms, cover~ants or conditions hereof to be performed, kept and observed by the other party shall be ccnslrued, or operate as, a waiver of any subsequent default of any of the forthS, covenants or co;~ditiOrts contairted, to bo performed, kept and observed by the other party : ,I 1, The parties agree thai this Contract For Construclion was made in accordance with the taws of the State of Colorado and shalt be so construed Venue is agreed to be kept exclusively in the courts of Pitk;n County, Colorado ~2. In the event that legal action is necessary to mnf0roe any of the prowsions of this Contract for Construction. the prevailing party shall be enctied to its costs and reasonab{e 2ttomey's fees ~3, This Contract For Construction was ~viewed arid accepted through the mutual effocLs the parties hereto, and the parties agree thai r,o construction shall be made or presumption shell ariso for or against either party based on any alleged unequal status of the parties i~ the negotialion, review or drafting of this Contract For ~n~.¢,, ? 14. The undexs~gned representative of the Contractor as an inch.~cer¥~on~, to ,'he C~ty to execute this Contract For Construction, represents thai he!she is an authorized representative of the Contrad;or [or the purposes o~ executing this Contracl For Construction and tha~ he/she has full and compCete auihodfy to enier into this Contract For Constructiort for {he terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereLo have executed this Co~:trac[ For Construction on thc date firsl above written. Ai tES[ED BY: CITY O~' AsPr-N, COLORADO ,ri ...... -- .... . .......... By: Richard C. Cou~mb~.~_CGCS Title: ~?r.~..., f;_t f;..r, p_.f ..._G.r,~!?_. ' T~tle · ~R*cC':')MMENOED FOP, APPROVAL: APPROVED AS TO FORM: 'AT1 ESTED BY: .,.' , CON7 RAC'I OR. ~ - ' ~, ~, ,ncorpo~a~!on sna!~ b~ executed if Contractor is a Corporation. If a ~ne~sh~p, the Contract shall ~e signed by a Principal and i~dicate title. CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) COUNTY OF ~ ............ On tt~is ._~6.~j.~_ day of' ~Cp/~mbar .......................... 2~1, before me appaared De,rig oy ~]e ~st dul~ sworn, did say tb~ sg'~e i~ ~ ~ ~.. '* ~e ~rporate seat of sam corp~(~n. *~nd that"~a~d inslrument was ~gned and seai~ in behai~ of said corporation by auther~y of its board of directors, and said depOne,~t ~k~owtedged sam m~lru~n~ lo be the free act and dee~ of said COrporation. WiTNbSS MY HAND AND NOTARIAL SEAL the day a~d year in this ceRificate first above wrilten. Add ess