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HomeMy WebLinkAboutresolution.council.067-94 RESOLUTION NO. ~ Series of 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONSTRUCTION AGREEMENT BETWEEN CAS CONSTRUCTION, INC., AND THE CITY OF ASPEN, COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a construction agreement between CAS Construction, Inc., and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that service agreement between CAS Construction, Inc., and 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 agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ~ day of ~,_~., 1994. J/ohn S. Bennett, 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 on the day hereinabove stated. ~d~thryn S. Koch, City Clerk AGREEMENT This AGREEMENT made and entered into as of the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("Owner") and CAS Construction, Inc. .("Contractor"). WHEREAS, the Owner has caused to be prepared, in accordance with the law, specifications and other contract documents for the Work herein described, and has approved and adopted said documents, and has caused to be published, in 'the manner for the time required by law, an advertisement, for the proiect titled: Two Million Gallon Clearwell Baffling and Modifications ;and WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the Owner, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and WHEREAS, the Owner, in the manner prescribed by law, has publicly opened, examined, 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 responsible and responsive bidder for the said Work and has duly awarded to the Contractor an Agreement therefore, for the sum or sums named in the Contractor's Bid; NOW, THEREFORE, in consideration of the payments and Agreement hereinafter mentioned: 1. The Contractor shall commence and complete the construction of the Work, as fully described in the Contract Documents. 2. The Contractor shall furnish all of the material, 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 within seven (7) calendar days after the date of the NOTICE TO PROCEED and will complete the same by the date and time indicated in the Supplementary 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 the sum of One Hundred Eiqhteen Thousand, Six Hundred Sixty-five ................... DOLLARS ($ 118,6 6 5.0 0 ), or as shown on the Bid Sched%~le. ' 5. The term "Contract Documents" means and includes the documents listed in the General Conditions. The Contract Documents are inclUded herein by this reference and made a part hereof as if fully set forth here. AG-1 6. The Owner shall pay to the Contractor in the manner and at such time as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs,. executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Agreement shall be subject to the City of Aspen procurement Code, Chapter 3 of the Municipal Code, including approval requirements of Section 3-1 1. This Agreement shall not be binding upon the Owner unless duly executed by City Manager or the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Resolution of the Council of the City of Aspen authorizing the City Manager or Mayor (or a duly authorized official in his absence) to execute the same. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. OWNER: ATTESTED BY: CITY OF ASPEN, COLORADO CONTRACTOR: _._ ~ v ~'~s~gn~ture/titie) '.~ v Charles A Stryker, Pres~ent A I I ~STED BY: AG-2