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RESOLUTION # .;1..(
(Series of 2006)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO
APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO,
AND KOLBE STRIPING INC. SETTING FORTH THE TERMS AND
CONDITIONS OF THE CONTRACT FOR CONSTRUCTION OF THE SH 82 /
MAIN STREET TRANSIT LANE SIGNING AND STRIPING PROJECT
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 Kolbe Striping 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:
Section 1
That the City Council of the City of Aspen hereby approves the contract for
construction between the City of Aspen, Colorado, and Kolbe Striping Inc.
regarding the SH 82 / Main Street Transit Lane Signing and Striping Project, a
copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager ofthe City of Aspen to execute said contract on behalf
of the City of Aspen.
Dated: ~ I;;).. J '::<00 ~
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 April 10, 2005.
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C:\Documents and Settings\lynnb\Local Senings\Temporary Internet Files\OLKB\Kolbe contract reso (2).doc
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CONTRACT FOR CONSTRUCTION
The City' ofn,pen
City nnOrne\'~ Om"e
THIS AGREEMENT, made and entered into on
Colorado, hereinafter called the "City", and
, hereinafter called the "Contractor".
, by and between the CITY OF ASPEN,
Kolbe striping, Incorporated
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: 2006-018 S-Curve Safety Imp.
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:
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 Nine Thousand
Three Hundre>d Thi rty Five> ($ 10Q 11'; 00 ) DOLLARS or as shown on the BID
proposal.
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 the
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Page 1
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CC1-971 ,doc
Special Conditions. The Contract Documents are included herein by this reference and
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 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.
8. 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.
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 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.
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.
CC1-971.doc
Page 2
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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.
Title:
ATTESTED BY: ~
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City Engineering Department
APPROVED AS TO FORM:
B~~
C orney
RECOMMENDED FOR APPROVAL:
CONTRACTOR, Ji9
B~D..~
Title: President
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.
CC1-971.doc
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City of Aspen
s - CURVE SAFETY IMPROVEMENTS
STATE HIGHWAY 82 / MAIN STREET
TRANSIT LANE SIGNING AND STRIPING
....~+~...+++...+++...+++...+++
City Project Number: 2006 - 018
Scope of Work
The STATE HIGHWAY 82 / MAIN STREET TRANSIT LANE SIGNING AND
STRIPING project is scheduled to begin in mid April 2006, with a completion date and
be completed no later than May 26, 2006.
Scope of Work:
The intent ofthis project is to stripe an outbound transit lane on State Highway 82/
Main Street for the purpose of facilitating the exit of outbound RFT A buses during the
peak afternoon traffic hours of 3:00-6:00pm.
The work for this project will consist ofthe following and other minor incidentals
concurrent with road construction: the removal, replacement, and resetting of existing
signs from Seventh Street to Aspen street in conformance with the plans and
specifications; re-configuring striping on Main Street within the limits of the project
to conform to the project striping plan; and the trimming of trees along the corridor as
specified by the plans and/or engineers' representative and the City of Aspen's
Transportation and Parks departments.
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