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HomeMy WebLinkAboutresolution.council.025-99 RESOLUTION NO. (Series of 1999) A RESOLUTION GRANTING THE CONSTRUCTION CONTRACT TO CONDON CONSTRUCTION, INC., FOR THE CITY'S 1999 UTILITY PROJECTS, 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 betwe~n the City of Aspen, Colorado and Condon Construction Company, 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 Condon Construction, Inc., regarding the 1999 Utility Projects, 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: ~~/~4~.~ , 1999. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and le/rk~ CONTRACT FOR CONSTRUCTION ~ ......' ' ~ THIS AGREEMENT, made and entered into on , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Contractors Name herainafter called the "Contractor". C o r~a.<> r~ Coy, ST'r- ~,, cT'i <~ v~ ,~ C · 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 bylaw, an advertisement, forthe project: 1999 Utilities Project (Project 99-004) 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 Const~6tion herain 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 descdbed 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 ($xxx,xxxoxx DOLLARS) or as shown on the BID proposal. CC2o9903.doc "CC1 Page I 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 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 May'or 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 the!r 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 o.r the City may assign this 'Contract For Construction in accordance with the' specific written consent, any dghts to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of aqy 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 heraof 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 CC2-9903.do¢ **CC1 Page 2 presumption shall ar!se 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 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. ATTESTED BY: CITY OF ASPEN, COLORADO By: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: City Engineering Department City Attorney ~ ATTESTED BY: CONTRACTOR: ~~ Note: Certification of Incorporation shale be executed if Contractor is a Corporation; If a partnership, the Contract shall be signed by a Principal and indicate title. CC2-9903.doc *"CC1 Page 3 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF t/~ ,./Zr/'z:~ f) ) n 's a ~f ~ ,19 <?~', before me appeared ~~ ~~ ~, and that ~e ~ amx~d to ~aid increment i~ th~ corporat~ ~eal of ~aid corporation, and that ~aid increment wa~ ~ 9ned and ~eal~d in b~half of ~aid corporation by authority of i~ board of director~, and ~aid deponent acknowled~ed ~aid increment to be the free act and deed of ~aid corporation, WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. ~y co.~miseion e×pires: /- I y- n ~ CC2-gSO3.doc "CC1 Page 4 1999 UTILITIES IMPROVEMENT PROJECT Project / Bid Number 99-004 SCOPE OF WORK The work will occur in three (3) locations and will include: S. Mill St./E. Hyman Ave. (DEPP-Phase I): The first phase of the Downtown Enhancement and Pedestrian Project (DEPP), extension and installation of underground utilities. Extension of the storm sewer system in S. Mill St. and E. Hyman Ave. with new laterals stubbed out and capped (no inlet boxes); new storm drain line from S. Monarch to S. Mill in E. Hopkins Ave.; new manholes over the existing line and on the new line; utility conduits for future utility needs at alley crossings of S. Mill St.; irrigation water distribution piping with conduits for irrigation control, street lighting and communication in a common trench; 2 inch tap of water main in E. Hyman Ave. for the irrigation system with curb box set behind the curb; potholing of the existing utilities; patching of pavement. N. 2nd Street: Extension of a new 15 inch storm drain line along the east side of N. 2nd St. from the trunk line in W. Francis St. southward to W. Main St. with laterals to the west at the corners. Potholing of the US West Communications trunk Hne at the corner of W. B!eeker St. and N. 2nd St.; Pavement patching. N. Spring Street: Installation of a new pre-cast inlet detention basin at the northeast corner of N. Spring St. and Bay St. in the Oklahoma Flats neighborhood. The basin consists of two (2) concrete box culverts placed on end with a traffic rated structural slab over the top. Finish grading and reseeding will restore the disturbed areas.