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HomeMy WebLinkAboutresolution.council.008-97 . . e RESOLUTION # g Series of 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING EXECUTION OF A CONTRACT WITH BLACK AND VEATCH AND WESTERN SUMMIT CONSTRUCTORS, INC. FOR WATER TREATMENT PLANT ADDITIONS AND ALTERATIONS 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 contract " between the City of Aspen, Colorado, and Black and Veatch and Western Summit Constructors, Inc. 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 Black and Veatch and Western Summit Constructors, Inc. regarding water treatment plant additions and alterations, a copy of which is annexed hereto and incorporated here, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. e e e Dated: 7?L~ / rr ,1997 ~ I~~- John 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 January 27, 1997. 4 7 e . e 01/24/97 13:32 BLACK & VEATCH 7 583511PP010812440001 NO.118 P003 PART ONE AGREEMENT FOR DESIGN/BUILD PROJECT ~ ._..M........I THIS AGREEMENT, made and entered Into on J..,uaJ:lf 27. 1997 CITY OF ASPEN, Colorado, hereinafter called the .Clty", and Construction. Inc. ,hereinafter called the "DeslgnlBuilder". , by and between ~he Blaqk and Veatch 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 approved and aclopted said documents,and ha's caused to be published, in the manner and for the time required by law, an advertisement, for the project entitled: Water Treatment Plant additions and alterations; and, WHEREAS, the Design/Builder, In response to such advertisement, or in response to direct invitation, has submitted to the City, In the manner and at the time specified, a sealed proposal in accordance with the terms of said Invitation for Proposals: and, WHEREAS, the City, In the manner prescribed by law, has publicly opened, examin'ild, and canvassed the proposals sUbfTlitted In response to the published Invitation for Proposals therefore, and as a result of such canvass has determined and declared that It is in the City's best interest to award to the Design/Builder this Part 1 Agreement therefore, for the sum or sums set forth herein; NOW. THEREFORE, in consideration of the payments and Part 1 Agreement herein mentioned: 1. The Design/Builder shall commence and complete the Work as fully described In the Contract Documents. 2. The Design/Builder shall furnish all of the materials, supplies, tools, equipment. labor and other services necessary for the Work described herein. 3. The Design/Builder shall commence the Work required by the Contract Documents within seven (7) oonsecutive calendar days after the date of "Notice To Proceed" and will 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 Design/Builder agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed fifty eight thousand cine hundred Dollars ($68.100.00) or as shown on the Proposal. CC3-971.doc Pa9s 1 --eCI J ./ e e e 01/24/97 13:32 BLACK & VEATCH 7 583511PP010S12440001 NO.llS P004 6. The term .Contract Documents" means .and includes the documents listed in the City of Aspen General Conditions for Part 1 Design/Build Projects, the Special Conditions, If any, and DeslgnlBuilder's Proposal. The Contrect Documents are included herein by this reference and made a part hereof as if fully set forth here. ' 6. The City shall pay to the Design/Builder in the manner and at such time a$ set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Part 1 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 Part 1 Agreement shall be subject to the City of Aspen Procurement Code, Title 4 'of the Municipal Code, Including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City Urlless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in hlslher absence) following a resolution of the Council of the City of Aspen authorizing the Meyor or City Manager (or a duly authorized official in his/her absence) to execute the same. S. This agreement and all of the covenants hereof shall Inure to the benefit of and be binding upon the City and the Design/Builder respectively and their agents, representatives. employees. Successors, assigns, and legal representatives. Neither the City nor. the DeaignlSuilder shall have the right to assign, transfer or sublet hie 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 the DE/sign/Builder or the City may assign this Part 1 Agreement In accordance with the specific written consent, any rights to olaim damages or to bring suit, action or other proceeding against either the City or the Design/Builder 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, covenal"!ts or conditions hereof to be perfonned, 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 oontalned, to be performed, kept and observed by the other party. 11. The parties agree that this Part 1 Agreement was made In accordance wIth the laws of the State of Colorado and shall be 80 construed. Venue is agreed to be ikept exclusively in the courts of P~tkjn County, Colorado. . . 12. In the event that legal action is necessary to enforce any of the provi$ione of this Part 1 Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Part 1 Agreement was reviewed and ~ocepted. through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption CC3-971.dOC Pugo2 ..001 e <I 'e 01/24/97 13:33 BLACK & VEATCH ~ 5B3511PP010B12440001 NO.11B P005 ehjill arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Part 1 Agreement. 14, The undersigned representative of the Design/Builder, as an inducement to the City to execute this Part 1 Agreement, represents that he/she is an authorized representative'of the Design/Builder for the purposes of executing this Part 1 Agreement and that he/she has full and complete authority to enter into this Part 1 Agreement for the terms and conditions specified hereIn. ' IN WITNESS WHEREOF, the parties agree hereto have executed this Part 1 Agreement on the date first above written. ATTESTED BY: ~r:Y p~ By: Title: FeR APPROVED AS TO FORM: By: ~~&Lt$;, 1,/:t.t:J/9..J 'Cit~ City Asset Ma ager ATTESTED BY: DESIGN/BUILDER: BY:'~C-~ Title: Vice President Note: Certification of incorporation shall be executed If Design/Builder is a Corpor.ation. If e partnership, the Agreement shall be signed by a Princlpel and indicate tille. C03.971 ,dOc ..CC1 Page 3, ( e . e 01/24/97 13:33 BLACK & VEATCH 7 5835llPP0l0812440001 NO.118 P006 CERTIFICAtE OF INCORPORATION (To be completed If Design/Bullder'ls a Corporation) STATE OF ) SS. COUNTY OF Ont~. d~ ~C being by me first duly sworn, 'did say that '-/he Is , 19+-, before me appeared . , to me personally known. who, Y4V' lfIAo.//.:@,A1>l" - ~ of A II C / . and that the Beal affixed to said Instrument is the corporate seal of said corporation, and that said instrument was signed and sealed In behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free Bct and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day,and year In this certificate first above written. ~~~~~ Notary Public N~ SGHNARRE Notary Public-State of Missouri Commissioned in Jack'jPn County Nly fJ@mmlsslon Expires p ---I f'?2~ 6'Jlt ? Y7T.t ff R'Mt&U ~ TIIi Wfy Address I My cOmmission expires: e..M1./ / r; /9')7 tI eC3-871.daa ~CCl PI!lt "