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Home My WebLink Aboutresolution.council.051-95 ~e' '\z , '''-... - _. Wi, '\s<c. .A {. RESOLUTION NO. 51 ' (Series of 1995) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND EARTHWORKS CONSTRUCTION, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE REPLACEMENT OF THE RED BRICK STORM DRAIN LINE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Earthworks Construction, a copy of which contract is annexed hereto and made a part hereof. 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 contract between the City of Aspen, Colorado, and Earthworks Construction for the replacement of the Red Brick storm drain line, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said lease on behalf of th~ Aspen. IY 1'175- I Dated: John ~4 /" (!?~~ . 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 LI..._..... ~\ "'-\... "_ 1ft. \% '\~ '.'It.. {\~' '~ resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~~~ ~~ , 1995. 2 . I), .ii'.. ~~''< "e. eX 1:1.1. "<~ '.....ft. 'r \\ '''''- J'lotf~ o/}7~ rJ., /V 7 <J/) C( C{ '\J CONTRACT THIS CONTRACT, made and entered into this _ day of 1995 , by and between the City of Aspen Streets Department. hereinafter in the Contract Documents called the "Owner", and Earthworks Construction Co. . (1) A Corporation organized and existing under the laws of the State of Colorado , (2) A Partnership consisting of (3) An individual trading as City and State of . of the hereinafter in the Contract Documents called the "Contractor". WITNESSE1H: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 STATEMENT OF WORK: For and in consideration of the unit and(or lump sum prices for the various items of work as set forth in the Bip and Proposal heretofore submitted by the Contractor, said Contractor shall furnish all necessary business administration, superintendence, labor, equipment and material, and perform complete and deliver to the Owner, to the Owner's satisfaction, under the direction of the Engineer, free from all liens, claims and demands of any kind for material, equipment, supplies, services, labor taxes and damage to property or persons, in full compliance with the Contract Documents and in strict a=rdance with the terms thereof, all of which are made a part hereof by reference herein, are designated as follows: (a) Notice to Bidders (b) Instructions to Bidders and Bidder's Representation(s) @ Bid Bond Form (d) Performance, Payment and Maintenance Bond (e) Contract (f) Certificate ofIncorporationl(g) Notice of Award (h) Notice to Proceed (I) Proposal U) Drawings (k) General Specifications and Special Specifications (I) Addenda (See Proposal) (m) Certificates of Insurance The above named Documents shall be binding and effective and form a part hereof as if attached hereto or fully set out herein, and each detail shall be equally binding whether it appears in one, some, or all of the Contract Documents. 4 June 30,1995 - 976AST01A <J;> Leonard Rice Consulting Water Engineers. Inc. e' it), \((;.. ifa,' '0. t",'~.'_'"',,',, I'! ,.~. - ARTICLE 2 PERFORMANCE. PAYMENT AND MAINTENANCE BOND: The Contractor of the second part furnishes concurrently herewith a Performance, Payment and Maintenance Bond in the amount ,of the total Contract price, as required by the Contract Documents, such Bond being attached hereto. The Performance, Payment and Maintenance Bond shall guarantee all material and workmanship furnished by the . Contractor for a period of two (2) years after the date of final inspection and acceptance by the Owner. " ARTICLE 3 TIME OF COMPLETION: The Contractor shall proceed with due diligence and care and shall maintain the necessary men, materials and equipment on the job to complete the work on time. Delivery of all materials shall be complete in accordance with the Contract Documents within....2L calendar days from the date of the Notice to Proceed, and liquidated damages not as a penalty the sum Five hundred and no/l00 Dollars ($ 500.00 ) per day will be deducted from the amount due the Contraqtor for the performance of the Contract for each day thereafter which is required to complete the work called for by the Contract due to the impossibility of determining the actual damages for delay. Extension of the completion date will be allowed only in accordance with provisions of the Contract Documents. ARTICLE 4 COST OF CONSTRUCTION: The Contractor agrees to complete the work shown and described in the Proposal which consists of Schedule No. -L for the City of Aspen Streets Department. Francis Street Storm Sewer Upgrade , Specifications No. 976ASTOIA for the sum of One hundred twenty-five thousand. two hundred and nollOO Dollars ($ 125.200.00 ). Payment of this sum shall1;>e made in monthly installments based on the Engineer's Estimate of the amount and value of the work, completed during the month in accordance with the specifications and the final payment shall be made bylthe Owner to the contractor after delivery and acceptance by the Engineer and thirty days of advertisement of final acceptance. ARTICLE 5 ASSIGNMENT: Contractor shall not at any time assign any interest in the contract or the other Contract Documents to any person or entity without the prior written consent of the Owner. The terms of this Contract shall inure to and be binding upon the successors and assigns of the parties hereto. 5 June 30, 1995 - 976AST01A <J;> Leonard Rice Consulting Water Engineers, Inc. \~ . ~a 11\" ~",'-"" W 'i\ ." ARTICLE 6 AMENDMENT: The Contract may be amended from time to time by written agreement between the parties hereto. No amendment, modification or alteration of the Contract shall be binding upon the parties hereto unless the same is in writing and approved by the duly authorized representatives of each party hereto. ARTICLE 7 SEVERABILITY: In any term, section or other provision of the Contract shall, for any, reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such terms, section or other provision shall not affect any of the remaining provisions of this Contract. ARTICLES WAIVER: No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver or any other rights, term or condition, nor shall a waiver of f1ny breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or ofa different provision of this Contract. ARTICLE 9 REMEDIES: None of the remedies provided to either party under this Contract shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party may then be entitled. Every obligation assumed by, or iplposed upon, either party hereto shall be enforceable by any appropriate action, petition or proceeding at iaw or in equity. In addition to any other remedi~s provided by law, this Contract shall be specifically enforceable by either party. The Contract shall be construed in a=rdance with the laws of the State of Colorado, and particularly those relating to governmental contracts. ARTICLE 10 COUNTERPARTS: This Contract may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. 6 June 30,1995 - 976AST01A <J;> Leonard Rice Consulting Waler Engineers. tnc. - -- " ARTICLE 11 :.." ~.. ENTIRETY: This Contract constitutes the entire agreement between the parties concerning the subject matter herein, and all prior negotiations, representations, contracts, understandings or agreements pertaining to such matters are merged into, and superseded by, this Contract. ARTICLE 12 COMPLIANCE WITH ASPEN PROCUREMENT CODE: 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 the approval requirements of Section 3-11. 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 Mayor (or a duly lauthorized official in his absence) to execute the same, IN WITNESS WHEREOF, the parties hereto have executed this contract in two (2) counterparts, ,as qf ~his day and year hereinabove set forth, 'I.' I ,,",' (' } '.', I"I'(SM:L)'. ,) . -' l 'l ! ') \ I , ,) J " ') " , ,\,: ,;\;,1~11l'EST: ~t. "'..o?, , l ~c_ )k0LI-U- '-' . Ti'~ MTfl/>(jfJ;\JL,u .u.~~ Earthworks Construction Co. CONTRACfOR By: W~ t-f.. ~ (SEAL) City of A~pen ATTEST: By: By ~2 /~tU Title: ~ &.h; "-' Ij,0;,'~','", ' \v <',.. NOTE: Certification of Incorporation shall be executed if Contractor is a Corporation. <J;> Leonard Rice Consulting Water Engineers,lnc. 7 June 30,1995 - 976AST01A