The URL can be used to link to this page

Home My WebLink Aboutresolution.council.028-00 RESOLUTION #,~8 (Series of 2000) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ASPEN DIGGER INC. FOR THE MAROLT DITCH AND DRAINAGE SYSTEM IMPROVEMENTS. SETTING FORTH THE TERMS AND CONDITIONS REGARDING AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Aspen Digger Inc. a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the city of Aspen hereby approves that contract between the City of Aspen, Colorado, and Aspen Digger Inc. for the Marolt Ditch and Drainage System Improvements regarding the City of Aspen a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manger of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: March 13. 2000 Rachel E. Richard, 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 Mar. c~kJ~3~2~t/. ~(t/y S. Koch, City Clerk CONTRACT FOR CONSTRUCTION THIS AGREEMENT. made and entered into on "City", ,~ , b,,vgand between the CITY OF ASPEN, Colorado, hereinafter called the and] . hereinafter called the "Contractor". // WHEREAS, the City has caused to be prepared, in accordance with. the law, specifications and other Contract Documents for the work her~in 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: MAROLT DITCH AND DRAINAGE SYSTEM IMPROVEMENTS, and, WHER.EAS, the Contractor, 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 Bid in accordance with the terms of said Invitation for Bids; and. WHEREAS, the City, 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 tt~e 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- necessa~ 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 inthe Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with. the/ terms..~-~t,herein for .a. ,sum, not ~o exceed(in ($ ~'?? ~.'~<9'-2 ) DOLLARS or as shown on the BID pr6posal. CC1-971.doc Page 1 "CC1 5. The term ."Contract Documents" means, and includes the documents listed in the City of ' Aspen General Conditions to Contracts for Construction (version GC97-2) and in thp TM-!'~ ~, Special Conditions. The Contract Documents are included herein by this reference a~ .~ made a part hereof as if fully set forth here. 6. The City 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 ~hail'i i~.,'i~inding upon all parties heret~ and their "' respective heirs,-executors, administrators, successors, and assigns. Notwit~hstanding anything to the contrary contained herein orin the Contract Documents, this Contract For Construction shall be subject to the C.i.~:.~ Aspen Procurement Code,-Title 4 of the Munidpal Code, including the approval, mquiremen'ts of Section 4-08~040. This agreement shall not be binding upon the .City unless .duly executed by the 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 al of the covenants hereof shall inure to the benefit of and be binding ~pon the City and the Contracto[ [;espectively and their agents representatives emp oyees. SuccessOrs, ass gns, and legal representatives. Neither the Cty nor the Contractor shall have the dght to assign, transfer Or sublet i~is or her interest or obligati0~s hereunder without_the~?,:ritt.e,n., ~3nsent of the other party. 9. This agreement does ~iot and shall not 1Se deemed o constm d o" confer upon or grant to any third party or parties, except t0 ~ar~es to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any dghts to claim dameges'or to bring suit, action or other proceeding against either the City 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 ahy 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, ~.Col0rado. 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 the parties hereto, and the parties agree that no construction shall be made or CCl-971,do~ Page 2 '"CC1 presumption shall arise for or against either party based on any alleged unequal status o! 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 City 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. RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ring Department Ci~tt~me~ v . ATTESTED BY: CONTRACTOR: / TiUe: ,~j~ Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1-97~.do¢ Page 3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF (~ ~,~.~,~ ) ,,~ ) SS. COUNTY OF ~.~,,-'~_,o ' } On this /7 P- day of ~Z-~-~;,..,~ ,2000, before me appeared ~_~_~.~,~ ~..~?,~,~_~ d,' , to me personally known, who, being by me tint duly. S. wom, did say that s/he is of ,/~/:~'/~ '~,~..]~ .- -~--~,~j'~._~ . and that the seal affixed to said instrument is the corporate seal of said corporation, and th'at 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 act and deed of said corporation. SEA e day and year in th' certificate first above = . ~ ~.,~ ~ ~ ~ ' ~ ~ta~Publi~ - 1 Address CC1-971.doc Page 4 '*CC1