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Home My WebLink Aboutresolution.council.055-95 . ~a ,,- "'I' m \t. I'" ,\' 'z RESOLUTION NO. sS- Series of 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND ASPEN EARTHMOVING, L.L.C.; 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 an Agreement between the City of Aspen and Aspen Earthmoving, L.L.C., 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 Agreement between the City of Aspen and Aspen Earthmoving, L.L.C., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager ofthe City of Aspen to execute said agreement on behalf of the City of Aspen. ~() C!\\ ~1'fi1i "H( e::, ...~.. "'< ~.... "< "e.'.. m I' '\" INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ..t<l day of tluF' 1995. ~(~~. 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. Kath Aspenear..res ~- ~. ~e',. WtI ~ ,e \s '< -. - AGREEMENT THIS AGREEMENT made as of the Z8-l:l1 day of Ciu,iYt ~ 1- by and between the CITY OF ASPEN, Colorado, ("Owner") and Aspe-n , ("Contractor"). ,19'15, bcv-l-h fnmJiG . LLC. 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 and for the time required by law, an advertisement, for the project titled: Puppy Smith Street Excavation & Primary Electric Undergrounding Project - 1995. WHEREAS, 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 detenninedand 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 Supplemental Conditions unless the time is extended in accordance with appropriate provisions in the Condact Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents Page I of4 1)(, '\ '. ,. ., (e 5. 6. 7. and comply with the terms therein for a sum not to exceed One Hundred Fourteen Thousand Two Hundred For1;y Five Dollars ( $114,245.00 ) or as shown on the BID schedule. The term "Contract Documents" means and includes the documents listed in the Supplemental Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 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. 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/her absence) following a Resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the Owner and the Contractor respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the Owner nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor of Owner may assign this Agreement in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the Owner or Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10, No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The Parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts' of Pitkin County, Colorado. Page 2 of 4 ~ '. <11_ 1i'....I. ~, \< ,It... '0, ,<:, - 12, In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees, 13. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Agreement. 14, The undersigned representative of Contractor, as an inducement to the Owner to execute this Agreement, represents that s/he is an authorized representative of the Contractor for the purposes of executing this Agreement and that s/he has full and complete authority to enter into this agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. OWNER: ATTESTED BY: CITY OF ASPEN, COLORADO ~ )d-~ By APPROVED AS TO FORM: ,., /~~ 1/J1-/~- Ci~Attorney A . ance Director Page 3 of4 " (A.. ~- ~.' ~\:;l".. ~e. ,,;, '\, ATTESTED BY: COR: 4\(1\..\ nOVII'-lC=.. Ll..C.. CONTRACTOR'S AFFIDAVIT STATE OF COLORADO) ) SSe COUNTY OF PITKIN ) The foregoing was acknowledged before me this ~ day of ~I,l../l* , whose title is , Contractor. , 19JG) , by of Witness my hand and official seal. \ \i , ", f , t. " ~~~. I ...... I '\'.,:'" \~~ ','/\." .i~. -i__ \ ~".,.l"i\'I;\:.' My Commission expires: J D - In - qg agr-consbid - Version 7/94 Page 4 of 4