HomeMy WebLinkAboutresolution.council.070-13 RESOLUTION #70
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY ASPE N
AND HEYL CONSTRUCTION INC. AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY O
COLORADO. F ASPEN,
WHEREAS, there has been submitted to the City Council a contract for the
Deer Hill Utility Completion project, between the City of Aspen and He 1
Construction Inc., a true and accurate co Y
«A copy of which is attached hereto as Exhibit
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for the Deer Hill Utility Completion project, between the City of Aspen and Heyl
Construction, Inc., a copy of which is annexed hereto and incorporated herein and
does hereby authorize the City Manager to execute said agreement on behalf of t
City of Aspen. he
INTRODUCED, READ AND ADOPTED by the City Council of the Cit of
Aspen on the 8th day of July, 2013. Y
'�J L -
Steven Skadron, 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 8, 2013.
K ryn S. Koch, City Clerk
CONTRACT FOR CONSTRUCTION Gill the 811V orlsoen
fte neMMee
THIS AGREEMENT, made and entered into on JULY 8, 2013, by and between the
ASPEN, Colorado, hereinafter called the "City", and HEYL CONSTRUCTION INC. hereinafter I OF
called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has app r
and adopted said documents, and has caused to be published, in the manner and for t tied
required by law, an advertisement, for the project: DEER HILL UTILITY COMPLETION, and,time
WHEREAS, the Contractor, in response to such advertisement, or in response to dire
invitation, has submitted to the City, in the manner and at the time specified, a seal direct
accordance with the terms of said Invitation for Bids, and, ed Bid in
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examin ed,
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
west
responsible and responsive bidder for the said Work and has duly awarded to the Contractor
Contract for Construction therefore, for the sum or sums set forth herein; a
NOW, THEREFORE, in consideration of the payments and Contract for Co
herein mentioned: Construction
1• The Contractor shall commence and complete the construction of the Work
described in the Contract Documents. k as fully
2. The Contractor shall furnish all of the materials, supplies, tools, equipment labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents seven (7) consecutive calendar days after the date of "Notice to Proceed' and(twill
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.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed SEVEN HUNDRED NINETY
SEVEN THOUSAND NINE HUNDRED NINETY SEVEN ($797,997,00) DOLLAR
shown on the BID proposal. S or as
5. The term "Contract Documents" means and includes the documents listed i n the Aspen General Conditions to Contracts for Construction (version GC97-2 and City
in the
CC1-971.doc Page 1
""CC1
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
6.
The City shall pay to the Contractor in the manner and Condit ons,e such amounts t as
amounts
General Conditions, unless modified by the Special
required by the Documents.
upon all parties hereto and their
7. This Contract for Construction shall be binding p
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Co Procu Documents,
ment Code, Title 4r oftthe
Construction shall be subject to the City of Aspen
Municipal Code, including the approval requirements executed by the City Manager
p
agreement shall not be binding upon the City unless duly
or the Mayor of the City of Aspen (or a duly authorized authorizing the/Mayobor City
following a resolution tho zed official of
n his/her absence) to execute the same.
Manager (or a duly au
This a reement and all of the covenants hereof shall inure heir agents,the benefit of and be
8. 9
binding upon the City and the Contractor respectively
Successors, assigns, and legal representatives. Neither the City nor the
employees.
Contractor shall have the right to assign, transfer bparty is or her interest or
n consent of he other
obligations hereunder without the writte confer upon or
This a reement does not and shall not be deemed or co the Contractor or the City may
9. 9 may
to any third party or parties, except to parties to whom
assign this Contract For Construction in accordance tion or her h roceedinglagainst either the City
rights to claim damages or to bring suit, action or of p
or the Contractor because of any breach hereoeOr because of any of the terms,
covenants, agreements or conditions herein contain d
of any terms, covenants or conditions hereof to be
lo. No waiver of default by either party shall be construed, or operate as, a
performed, kept and observed by the other party
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the party.
11. The parties agree that this Contract for Construction was made in accordance eed t with the
laws of the State of Colorado and shall be so construed. Venue g
exclusively in the courts of Pitkin County, Colorado.
12. 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 attorney's fees. of
13.
This Contract for Construction was reviewed and accepted
ereto, and the parties agree that no construction t shall be mutual mad efforts or
the parties h
tion shall arise for or agains t either party based on act for Condt ucgonl status of any alleged
presumption
Contract
the parties in the negotiation, review or drafting of this
CC1
CC1-971.doc Page 2
14. 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.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
ATTESTED BY: 1 CITY O SP N COLORADO
By: Go`
Title:
APPROVED AS TO FORM:
ity Attorney
ATTESTED BY: CONTRACTOR:
By: ,.
Title: r? ��•, ,b
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
CC1-971.00C Page 3
""CC1
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF
) SS.
COUNTY OF
e � , 20 , before me appeared
On this ) day of
)If f,d Ile ` , to a personally known, who,
of
being by m first duly swo n did say that s/he ism `� and that the seal affixed
✓fi ✓► �' /`�/�'� /P/ '�' ed
to sai n trument is the corporate seal of said that
d rec d torstand aid deponent
and sealed in behalf of said corporation by authority of its
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.
N EL
P�••'•••SO
AR ti
Notary Public
y.,
�-3 O's atfRA r S
° Address
s�TF FC�•�'°�P Z C�
My commis s:
l
My commission Expires 09
**CC1
CC1-971.doc
Page 4