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Home My WebLink Aboutresolution.council.111-00 RESOLUTION NO. 111 (SERIES OF 2000) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING AND ACCEPTING A DESIGN CONTRACT FOR WHEELER OPERA HOUSE HVAC SYSTEM BETWEEN THE CITY OF ASPEN AND MKK CONSULTING ENGINEERS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DESIGN CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a design contract between the City of Aspen, Colorado and MKK Consulting Engineers, Inc., a copy of which is annexed hereto and part thereof. NOW, THEREFORE, 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 that a design contract between the City of Aspen, Colorado, and MKK Consulting Engineers, Inc., regarding the Wheeler Opera House HVAC system, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said design contract on behalf of the City of Aspen. Dated: ~4:~e~~, 2000. I, Kathryn Koch. duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resoluti/g>~dopted by the City Council of the City of Aspen, Colorado. at a meeting held (_~ t:Iv(.~4/.~P' ~ , 2000. ~Kathryfi ~. K~, City Clerk PART ONE AGREEMENT FOR DESlGNIBUILD PROJECT THIS AGREEMENT, made and entered into on AUGUST 28, 2000, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and MKK Consulting Engineers, Inc., hereinafter called the "Design/Builder". 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 entitled: HVAC Improvements - Wheeler Opera House, and, WHEREAS, the Design/Builder, 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 proposal in accordance with the terms of said Invitation for Proposals; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted in response to the published Invitation for Proposals therefore, and as a result of such canvass has determined and declared that it is in the City's best interest to award to the Design/Builder this Part 1 Agreement therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Part 1 Agreement herein mentioned: ~L 1. The Design/Builder shall commence and complete the Work as fully described in the Contract Documents and completing same no later than October 2, 2000. 2. The Design/Builder shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the Work described herein. 3. The Design/Builder 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 Design/Builder agrees to perform afl' of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed THIRTY FIVE THOUSAND DOLLARS ($35,000.00) or as shown on the Proposal. CC3~971.doc **CC1 Page 1 5. The term "Contract Documents" means and includes J.he documents listed in the City of Aspen General Conditions for Part 1 Design/Build ProjectsY, the Special Conditions, if any, and Design/Builder's Proposal, 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 Design/Builder 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 Part 1 Agreement 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 Part 1 Agreement 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 Design/Builder respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Design/Builder 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 Design/Builder or the City may assign this Part 1 Agreement 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 Design/Builder because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. N'o 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 Part 1 Agreement 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 Part 1 Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Part 1 Agreement was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption CC3-971.doc ~CC1 Page 2 shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Part 1 Agreement. 14. The undersigned representative of the Design/Builder, as an inducement to the City to execute' this Part 1 Agreement, represents that he/she is an authorized representative of the Design/Builder for the purposes of executing this Part 1 Agreement and that he/she has full and complete authority to enter into this Part 1 Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Part 1 Agreement on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ~ing Departmo'nt By: City Attorney ' Al-rESTED BY: DESIGN/BUILDER: i ~-~T-~ Title: /~/~,~ ,u~ Note: Certification of Incorporation shall be executed if Design/Builder is a CorPoration. If a partnershiP, the Agreement shall be signed by a Principal and indicate title. CC3-971,doc **CC1 Page 3 CERTIFICATE OF INCORPORATION (To be completed if Design/Builder is a Corporation) STATE OF ~o/Ot-~ _r~) ) )ss. COUNTY OF /~f',.~o.., ~ On this /'Irt. day of ~.~c,o~z?,'lL ,;Agoo , before me appeared /4~)8. t3r~, ~ LUi r3 ~]e. , to me personally known, who, being by..n{e first, duly swOrn, ,did say that s/~)is/',.,R~-~.ric, la hO<z ta(:x.(3e_r- of (T) ~ ~ (-~ohsu. ]Jr~'n~ ~n o l n~.~.~'s.-~ r~c. &nd that the seal affixed to said instrument is tl~e corl~orate se~l 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 free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. ~. ~X~x~ (~. ~r/~,/~ Nota~,-Public - -- Address ' My commission expires: c,~,~ ~/~¢ CC3-971,doc **CC1 Page 4