HomeMy WebLinkAboutresolution.council.028-93
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RESOLUTION NO. 213
Series of 1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONSTRUCTION AGREEMENT BETWEEN ASPEN EARTHMOVING,
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 Aspen Earthmoving, 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 construction agreement
between Aspen Earthmoving, 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 d& day of ~~0 ,1993.
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IJohn 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.
Kathry
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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 Elam Gq,H3~ruCriOj:" Iue:-,. c;,L
("Contractor"). rt~'c <'" ~,t'<-."""''''~, \....Le- -d<
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: Smuggler Area
Commuter Sidewalk 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 fifteen (15) 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, and elsewhere within the contract documents, 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 Wi,th the terms therein for the sum of Or<:- I-tcJl,yc\ N~'N.," \h"",-
T~ousand, 8ft\'n'r Hundred andlh'lq W.'DOLLARS and ~;"\Q- Cents ($ \ q:, I D~:A..
), \'I0USI\J('" 0\ ,^-~;W,OOl) ~*'~("C~. ,c;.."
The term "Contract Documents" means and includes the documents listed in the
Supplementary Conditions and contained in the Bid Package. The Contract
Documents are included herein by this reference and made a part hereof as if fully
set forth here.
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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.
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.
7.
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.
By:
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John S. Bennett, Mayor
CITY OF ASPEN, COLORADO
Dated:
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ATTESTED BY:
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, Kath" och, City Clerk -
Approved as to form
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