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HomeMy WebLinkAboutresolution.council.039-05RESOLUTION #__~ (Series of 2005) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND INTRAWEST PLACEMAKING. SETTING FORTH THE TERMS AND CONDITIONS OF THE CONTRACT FOR CONSTRUCTION OF THE BRUSH CREEK PARK N RIDE LOT EXPANSION AND 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 Intrawest Placemaking, 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: Section 1 That the City Council of the City of Aspen hereby approves the contract for construction between the City of Aspen, Colorado, and Intrawest Placemaking, regarding the Brash Creek Park N Ride Lot Expansion, 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 contract on behalf of the City of Aspen. Dated: ~ ~.9~ ~&~r')~ "'I-re}eff'Kalir~andemd, 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 June 13, 2005. Kath~ S.'~Ko~h, City ClerkX~ H:~Brush Creek P.L\Intrawest contract reso.doc CONTRACT FOR CONSTRUCTION THIS AGREEMENT made and entered into on 16 May 2005 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Intrawest Placemaking - PO Box 6565 5131 Owl Creek Road~ Snowmass Villa.qe, CO 81615 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 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: Brush Creek Park-N-Ride Expansion, and, WHEREAS, 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: The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. Contractor shall be responsible to construct the items contained in the Part 1 portion of the Brush Creek Park-N-Ride Expansion in accordance with the Plan and Specifications, dated 16 May 2005 and designed by TCB, at no cost ($0.00) to the City of Aspen. The following items and quantities in Part 2 shall also be constructed and reimbursed for a Not to Exceed a Total of: 603-01240 - 24 Inch Reinfomed Concrete Pipe - 91 LF 603-01480- 48 Inch Reinforced Concrete Pipe- 751 LF 603-05024 - 24 Inch Reinforced Concrete End Section - 1 EA 603-05048 - 48 Inch Reinforced Concrete End Section - 1 EA 604-39000 - Manhole (Special) - 3 EA 604-30010 - Manhole Slab Base (10 Foot) - 2 EA All for a Grand Total Not to Exceed $ 211,640.00 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. All work contained in Part 1 of the plans and specifications and the bid items listed above, a portion of Part 2 shall be completed no later than July, 27th 2005. CC1-971.doc Page 1 **CC1 10. 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. 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 Two Hundred and Eleven Thousand, Six hundred and Forty Dollars ($ 211,640.00 ) DOLLARS or as shown on the BID proposal. 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 the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 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. 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 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. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 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 City 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 City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 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. CC1-971.doc Page 2 **CC1 11. 12. 13. 14. 15. 16. 17. 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. 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. 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. 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. The City and the Contractor Agree that the Contractor shall be able t© utilize 200 parking spaces for employee parking after the expansion of the existing parking facilities has been completed. The use of this lot will extend through the life of the construction of Base Village in the Town of Snowmass Village, thisst is anticipated to conclude '~n the fall of 2011. Any use of the Lot after December 31 , 2011 shall be negotiated separately. The Contractor may at a later date request an additional 150 spaces be surfaced at their own costs if the need for additional parking arises. Any request for additional parking must be made no later than December 31st, 2009. All use of parking at the Brush Creek Park-N-Ride will be determined by the City of Aspen Parking Director and governed by the Brush Creek Park-N-Ride IGA between the City of Aspen, the Town of Snowmass Village and Pitkin County. Special Event use of the parking on the site will take priority over the Contractor's employee parking. No other uses of the facility other than employee parking have been approved for the site. Contractor shall provide general maintenance, including trash removal and any necessary plowing, for its 200 spaces during the life of its use. Upon the completion of the Base Village construction the Contractor and the City of Aspen Parking Director shall inspect the 200 parking spaces for damages during the use. All repairs to restore the parking surface to its original condition, as it is at the end of construction, shall be borne by the Contractor. The Contractor will be responsible to provide all necessary documentation required for construction on this site in association with the Access and Special Use Permits that have been obtained from CDOT for this project. The Contractor will be obligated to all requirements of these permits. CCI-971 .doc Page 3 **CCI IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: RECOMMENDED FO~ APPROVAL: ~"l~ity ~~l=~rt ment APPROVED AS TO FORM: By: City Attorney ATTESTED BY: 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. CCI-971.doc Page 4 **CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF 0_.~ ) )ss. COUNTY OF (., ,., .'~('~ ) On this '~ dayof (~ , ~ before me appeared H ~ ~ ~' ~ ,~. ~ , to m~ personally known, who, bein~ ~y me first ~ly sworn, did say that s/he is ~ [ ~ ~ ~ ~~ of ~~ ~(~ ' and that'the seal 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 flee act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Publi(~ My commission expires: Address CC1-971 .doc Page 5 **CC1 oJ ~ dL -mo ,~ 133H$ 3NIgHOI¥~4 ~ .~0 ~ i33H$ 3N~gHO~LY?~