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Home My WebLink Aboutresolution.council.024-99 RESOLUTION NO. t~L' (Series of 1999) A RESOLUTION GRANTING THE CONSTRUCTION CONTRACT TO M.A. CONCRETE CONSTRUC;rlON, INC., FOR THE CITY' S SMUGGLER AREA PEDESTRIAN SAFETY AND TRANSPORTATION IMPROVEMENTS FINAL PLAN PROJECT, 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 M.A. Consfruction, Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves the contract between the City of Aspen, Colorado, and M.A. Construction, Inc., regarding the Smuggler Area Pedestrian Safety and Transportation Improvements Final'Plan Project, 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. Dated: ..--J-/,G4-e_-L, ~,~ ,1999. , ayor I, Kathi-jn 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~.F/~ ~4 ,1999. ~ty Clerk 999 14:20 9782439757 M A CONCRETE CONST I PAGI~ 1~2 · 'CONTRACT FOR CONSTRUCTION ~ '~' '"""""""" ~ · THIS .AGREEMENT, mE~de andentered into on ...... , by and between the CITY OF ASPEN, COloradO,: hereinafter. called. the' ".Cfty~, and .. &. conc~:e~.e coostz'uer_j.oa, znc ~ereinafter called' the 'Contractor". , ".WHEREAS,' .the. City.. ti~,S~ caused to be prepared, in' accordance 'with:the law, "' speCificat!oRs 'and' other contract ·Documents for the work heroin described, and has approved 'and adopted said doCument.s;' and 'has caused to be published, in the manner and for the. time 'required by laW; an adved!Serne~t, ..for the project: Smuacller Area' Pedestrian Safety & ':. T, ranspodation Iml~rovements. Project- FINAL PHASE, and, . . WHEREAS, 'the Contractor. in response to such advertisement, or in response to direct ' invit~.tiOn, has submitted.'~,o the 'City, in the manner and at the time specified, ..a sealed Bid in . r'~: accordance with' the terms Of said invitation forB ds; and, WHEREAS, th.e 'City; in the manner prescribed by. law, has publicly opened, examined, . and canvb. ssed the Bids submitted..in..response to the published Invitation for Bids. therefore, and as 'a result of ~uCh 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 e · '. Contract For ConstructiOn :ihemfolie, 'for the sum or sums .set forth heroin;' ' NOW, THEREFORE, in'cOnsideration of' the payments and Contract for Construction =1. The 'ContractOr shall COmmen;e and complete the construction of the,Work as.fully described n.the Contract ·DoCuments. . ... 2: 'The ContraCtor .shall. fUrniSh all of the mateddais, supplies, tools, equipment, labor. and .. other :services .necesSary"fOr the construction and completion of the Work described · .. 'herein. . ' .. :' .: . 3..'"The' ContraCto,; She ~dmmence the work required by the Contract Documents within .. seven .(7) consecutive caiendar day~ .after the date of 'Notice TO" Proceed" and will .... · ' complete the.same. by the' date andtime indicated In the Special Conditions.unless the .'. time is extended in 'accordanCe with appropriate provisions in .the Contract Documents. r""< 4.' The COntractor agrees to. perform all of the Work described in the COntract Documents and cOm~oly with 'the. terms therein for a .sum not to exceed 'z~o !lur, dz;ed 'Za'Oi'I:'~Z fi~Z--e 83/17/1999 14:20 9782439787 M A CONCRETE CONST I PAGE 83 ~" 5° The ten'n "Contract= DoCuments" means and includes the documents ~isted in the O~ of '.' =' A~pen G~nem~ Conditions lo ~on~m~ fo~ Oon~%m~on (ve~ on GGS7-~) and ~n fie · ' ' ~.~ Oond1%~ons~ Th~ Con~m~ Oo~umen%~ ~re ~n~ud~d he~e~n by ~h~s reference end m~d~ a pa~ h~of as if fUlly se~b~h hem. B. .Th~ pay the 0on~ao~of ~n ~he mann~ ~d ~: ~ueh time as Gene~ Oondi~on~, un~ .modified by ~he Sp~da~ Conffi~ions. ~u~h an~oum~ .. .". ~ mqui~d by fie Documents." . ?~ 'Thi~ Co~Ot FO~ 'O0n~mo1~0n' sh~ b~ b~nffing upon ~ p~;~s heroic nnd fi~k ... ~n~h~ng ~o %hs ~on1~ contained he~n o~ in fie Oon~o~ Documents, lh~s Oon~mo~ ~o~ . .Co~%rUO~on.~h~ll bSsUb~o% %o ~h~ O~ of A~p~n Pm~urem~n[ Code, ~e 4 o~ fie Mun~dp~ Code, ~nduding lh~ ~ppmvm~ requirements of 8~ion 4-08-0<0. Th~s eg~ement~h~$n~[ beb n~ng up~ ~h~ C~y un~ du~y ex~ou%~d by ~he .. or the MayOr of the 'Ci~ .of Aspen (or ~ duly autho~ed official in his~er absence) following a resolution'* of the Council .of ~e'C~y of Aspen authorizing the Mayor'Or City Manager (or a'duly authorized off Cial in his~er absence) to exec~e the same.' : 8. This . agm'ement and. 'all".of'~he covenants hereof shall inure to the benefit of and be .,..*. binding' Upon the City and the Contractor respectively and their agents, representatives, "employees. Successore, .~Ssigns, and legal mpmsentat~es. Nether the City nor the Con~a~or shall '.have.~the dght to assign, ~ansfer or sublet'his or her interest or obligations hereunde~ w~hout the wd~en consent of the other party. 9.. This 8gmemeRt.doqs not and shall' not be deemed or consteed to confer upon or grant . to.any third pa~y or 'paffies. except to paffies to whom the Contractor or the Ci~ .may assign this Contract. FOr Constm~on in accordance with ~e specific wdffen consent, any dghts to claim damage~ 0r t0 bring suit, action or other proceeding against either the Ci~ or' the Contract0r'..b~a~se of any broach hereof or because of any. of the te~s, ' . co~nantS, agreements.0r. Condl~ons herein contained. 10~ . No "waiver o~. default.. bY either pa~ of any te~s, covenants or conditions hereof td be pedo~ed, kept 6rid 0bseWed.by the other pa~y shall be construed, or operate .as, a 'waive~ of any s~bSeqUent default of any of the te~s,. covenants or conditions heroin contained, to be paroled, kept and obse~ed by the other pa~. 11. The *pariss agree. that. ~his Cont*mct For Construction was made in accordance with the laws of the State 0f Col0mdo and shall be so construed. Venue is agreed to be kept exclusively in the cou.~s .0f Pitkin Count, Colorado. · ' .' 12. In the 'even~' that. legal :action Is necessa~' to enfome ~y of the provisions of fiis "Contract .for ConstrUeIon, the prevailing pa~y shall be entitled to :its costs and . ~ ' *'reason~b e affomey's fees * J 3.'Thie Contract F0~ Cofi~t~Uctien ~s reviewed ~d accepted through the mutual eff0~s of ~he .paffies hemto, .and..the pa~ies agree that no const~ction~shall be made or preeumption shall adds for or against elffier pady based on any alleged unequal status .. the pa~ti~s. in the..negotiation, review or draffing of th~ Contract For Constation. .. ' CCf-g7I ,doe P~e'2 > ' ";CO1 03/17/1999 i4:20 9782439787 M A CONCRETE CONST I PAGE 04 · 14. The undersigned.: representative of the Contractor,. as an inducement 'to ihe City to execute this ContraStFor'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 ~.omplete authority to enter into this .Contract For Construction .for the' terms and conditions specified heroin. 'IN WITNESS' WHEREOF, the paffies agree hereto have executed 'this 'Con{tact For Construction on the date ftrs~ above wdtten. ATTESTED BY: CITY OF ASPEN, COLOBADO . . . By: " RE~;OMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: _ City Engineering Department City Attorney 'ATTESTED BY: CONTRACTOR: Title: ~?~.~;~',,JT ._ Note: Certification oF IncOrporation shall be executed if Contractor is a Corporation. I~ a psrtne[sh p~ the Contract shall be'signed'by a Principal and indicate title. CC1-97t .doc Pa~e 3 '*CCI " 83/i7/1999 14:28 9702439?57 M A CONCRETE CONST I PAGE 85 CERTIFICATE OF INCORPORATION (To be COmpleted if Contractor is a Corporation) 'STAI'F' OF .., Colorado ) ) SS, .. COUNTY OF Mesa ) ioft t~iis _17th day of . March ,19 99 , before me .'.~ppeared __~Martin AZoarraga , to me personally k, ioWn, who, being by me first duly sworn, did .say that s/he is President Of M,A. Concrete Construc. tion, Inc, ,end that the seal affixed .. tc~ ~dd ~strument is the corporate seal of said corporation, and that said' instrument v~as-signed .' and 'sealed in bahaft of Said corporation by authority of its board of directors, and s6i.jI deponent acke ;owledged said instrument to be the free act anddeed of said corporation. WI'I ~ES:3 MY HAND AND NOTARiAL SEAL the day and year in this certificate first above. writien. Address My commission expires: ~-- /c~ - e>~CO/ ' ' CCI o971 ,doc Page 4' "CC1 "'~ ,, · -- SMUGGLER AREA PEDESTRIAN SAFETY & TRANSPORTATION IMPROVEMENTS PROJECT FINAL PHASE Project / Bid Number 99-001 SCOPE OF WORK This project will complete the Smuggler Neighborhood improvements which have taken place over the past three years. The work is to include: Saw cutting pavement. Removing and disposing of asphalt pavement, concrete, and concrete curb and gutter. Construction of 2 speed humps. Installation of three street lights. Installation of various traffic control signs. Construction of sidewalk, access ramps, curb and gutter, driveway aprons. Construction of storm sewer catch basins and fie-ins to existing inlet. Construction of drywell and drainage swale. Installation of various street pavement marking tape and thermoplasfic tape (tape provided by City). Traffic control. Related .incidental work. This work is all related to pedestrian safety and transportation improvements in the Smuggler neighborhood.