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Home My WebLink Aboutresolution.council.129-00 RESOLUTION #129 (Series of 2000) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND DESIGN WORKSHOP/LANDSCAPE WORKSHOP SETTING FORTH THE TERMS AND CONDITIONS REGARDING PART II DESIGN/BUILD CONTRACT YELLOWBRICK NEIGHBORHOOD PARK 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 Design Workshop/Landscape Workshop, 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 that contract between the City of Aspen, COlorado, and Design Workshop/Landscape Workshop regarding part II design/build contract Yellowbrick Neighborhood Park, 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. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adogted, by the City Council of~e city of Aspen, Colorado, at a meeting held - 2006.~ Katl~ S. Koch, City Clerk SI~p.~.~000 ~:4~PH PP~KS DEPT HO.~6.g P.~ PART II AGREEMIINT FOR DESIGN/BUILD PRO3'ECT THIS AGREEMENT, made end entered into on 20 8entember 2000 , by end between the CITY OF ASPEN, Colorado, hereinafter called tl~a "City", and The Landecane Worksho=, Inc. , hereinafter celled 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: Yellow Brick Neighborhood ParR, arid, WHEREA~, the Design/Builder, in response to such advertisement, or in response to dh'eot [nvitatlort, hes submitted to the City, in the manner and at the time spe.~f~, 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 pl'oposal$ submitted in response to the published Invitation for Proposals therefore, and as s 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 2 Agreement therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Part 2 Agreement herein mentioned: 1, The Design/Builder shall commence and complete the Won~ as fully described in the Contract Documents. 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) ~onsecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in: the Special Conditions unfess the time is extended in accordance with appropriate provisions in the Contract Documents. 4, The Design/Builder agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for e sum not to exceed two hundred thirty-one thousand one hundred seventy,five Dollars (2;~l,17S,00) or as shown on the Proposal, 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions for Part 2 Design/Build Projects, 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. SEP.~1.~000 8:48PM PRRKS DEPT M0.86~ 8. The City shall pay to the Design/Builder in the manner and at much time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. ?. This Part 2 Agreement shell be binding upon all parties hereto and their respective heirs, executors, adm~nistmtorsl successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contrect Documents, this Pert 2 Agreement shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of So.ion 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of ihs City of Aspen <:or a duly authorized official in his/her absence) following · 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 cf 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 2 Agreement in accordance with the specific written conesnt, 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. 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 es, 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. 1 l. The parties agree that this Part 2 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 Iegal action is necessary to enforce any of the pmvwions of this Part 1 Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees, 13. This Part 2 Agreement was reviewed and accepted through the mutual efforts of the parties hereto, end the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal statue of the parties ih the negoti~ion, review or drafting of this Part 2 Agreement. 14. The undersigned representative of the Design/Builder, as an inducement to the City to execute this Part 2 Agreement, represents that he/she ia an authorized representative of the Design/Builder for the purposes of executing this Part 2 Agreement and that he/she has full and complete authority to enter into this Part 2 Agreement for the terms and conditions specified herein. SEP.~l.~000 ~:49PM PP~KS DEPT MO.B63 P.4 IN WITNESS WHEREOF, the partie~ agree hereto have executed this Pa~t 2 Agreement on the date first above written. ATTESTED BY: , DESIGN/BUILDER: Note: Ceriificat!on of Incorporation shell be executed if Design/Builder is a Corporation. If a partnership, the Agreement shall be signed by a Pdnolpal and indicate title. SEP. ~.. ~000 ~: 49PM PP, RKS DEPT MO, 8E~ P. 5 CERTIFICATE OF INCORPORATION (To be compreted if Design/Builder is a Corporation) s ^TEoF ........ . ~ to m~ ~mon~lly known, ~ho, being by ~e fir~ duly [~m, dia ~y~that s/he is ~i~ . of ~ ( ~~ ~1'~~.~ and that the seal affiXed to said instrument is the ~rp~mte seal 6~-Said ~o~pomtion, and that sai~ instrument was signed and sealed in ~half of said Corporation by a~hoN~ ~ its board of dim~om, and said deponent acknowledged said Ins~ument to be the frae a~ and deed of ~aid ~omtion. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written, [~_.'._ - ..... i..o# ~ wot,,,u~) ' ~~ir~OglO~lO~ AddreSs ' My ~mmi.ion .xpi..: