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RESOLUTION NO. W
Series of 1997
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONSTRUCTION AGREEMENT BETWEEN ASPEN EARTHMOVING,
LLC, 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 Aspen Earthmoving, LLC, 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 Aspen Earthmoving, LLC, 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 dr- dayof ~ / ,1997. .
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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.
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AGREEMENT
This AGREEMENT made and entered into as of the date hereinafter stated, between the
CITY OF ASPEN, Colorado, ("Owner") and ASPEN EARTHMOVING, LLC, ("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 and for the time required
by law, an advertisement, for the project titled: 1997 HYDRANT REPLACEMENT AND
WATER MAINLINE REPAIR PROJECT; and,
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 to Bid; 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 to Bid 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 TASK AUTHORIZATION and will complete
the same by the date and time indicated in the Task Authorization 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 unit costs shown on the BID schedule.
5.
The term "Contract Documents" means and includes the documents listed in the
Supplementary Conditions. The Contract Documents are included herein by this reference
and made a part hereof as if fully set forth here.
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.
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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 not be
binding upon the Owner unless duly executed by 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 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.
Dated:
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ATTESTED BY:
OWNER:
CITY OF ASPEN, COLORADO
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By:
CONTRACTOR:
ATTESTED BY:
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