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HomeMy WebLinkAboutresolution.council.053-96 r'\ RESOLUTION NO. S .3 (Series of 1996) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ROOD CONSTRUCTION, INC., SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE CONSTRUCTION OF THE METAL STORAGE BUILDING AT THE WATER TREATMENT PLANT, 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 Rudd Construc- tion, Inc., a copy of which is annexed hereto and made 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 Rudd construction, Inc. for the construction of the metal storage building at the Water Treatment Plant, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. vice RESOLVED, APPROVED AND ADOPTED ~ ' 1996, by the J(sp n, Colorado. this ;2+ day of city Council for the City of ~ (f~- 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 o~ the City of Aspen, Colorado, at a meeting held .V/.P~~ ~~ , 1996. ~4~ Kathry . Koch, city Clerk ~.. ! o ./"""'.. ~. .' CONTRACT FOR CONSTRUCTION IN THE CITY OF ASPEN, COLORADO ~ t,..p THIS AGREEMENT, made and entered into this ...Jd:"Clay of October, 199...6.., by and between the CITY OF ASPEN, Colorado, hereinafter called the "Owner", and Rudd Construction. Inc. hereinafter called the "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: Storage Building Project @ the Water Treatment Plant, and, WHEREAS, the 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 determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein 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 materials, 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) consecutive 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 Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed One Hundred Sixty Thousand Dollars ($160,000) or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the General Conditions and in the Special 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, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction 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 Contract For Construction 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 Owner unless duly executed by the "CC1 0. o r". City Manager or the Mayor ofthe City of Aspen (or a duly authorized official in hislher absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in hislher 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 ofthe 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 Contractor or the Owner may assign this Contract For Construction 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 the 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 Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted 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 Contract For Construction. 14. The undersigned representative of the Contractor, as an inducement to the Owner to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. OWNER: CITY 0 By: VA' APPROV AS TO F By: ~/l~ ity Attorney City Asset Manager By: Finance Director ATTESTED BY: ~A*;2> CONTRACT - Revision July % CONTRACTOR: ~ By: ~L ~I/. Vol< 4~ fL "CC2 -.. '. .,. o construction services shall be performed by qualified construction Subcontractors and Suppliers, selected and paid by the Contractor. Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the Owner to any of these persons or entities. .(\ 6.2 Supervision and Superintendence: 6.2.1. The Contractor shall supervise and direct the Work competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2.2. .::p,.. ('nntI:astef shell keel' 0u ill... 'I\\',1..1t a:lllill'le3 cltIrillg its l'regress a GE'Wp~t"llt r~6ieleftt --111 A Sl1pPMntPonQim, ~Nh6 stltd.l ri6teeF019Ia~8g ~'4tl:1g\:lt .....,'iitteRFlet1e8 te ~ On~~r ana the D.r.tgil1eer ~ V I eXQ@flt HRGllr InaraerElilltlfY 6ircI:llE5tau~c30 The superintendent will be the Contractor's Jl.K representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Co~~u.c.."'le:>IL:; (!)~.. rc... ""-''1>"\ A<-~c ~L 1.>0"\\ c:tlld:) ...'!'- CO....""""'/CA.7IJ;.VS 6.3 Labor, Materials and Equipment: -- - ~_ 6.3.1. The Contractor shall provide competent, suitably qualified personnel to survey andlay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without the Owner's written consent given after prior written notice to the Engineer. 6.3.2. Unless otherwise specified in the General Requirements, the Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. (\. 6.3.3. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Engineer, the Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the Engineer, or)any of the Engineer's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10.1. or 9.10.2. ~ 19 &t. ~evCt\ C()V1J.:~ :&0." ~