HomeMy WebLinkAboutresolution.council.091-02 RESOLUTION # ~ [
(Series of 2002)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND GOLDEN EAGLE DRILLING CORPORATION,
SETTING FORTH THE YERM~ ~D CONDiTi0NS REGARDING
RECONSTRUCTION OF THE MiLL STREET WEL~ AND K~THORIZING
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 Golden Eagle Drilling Corporation, 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 Golden Eagle Drilling Corporation
regarding reconstruction of the Mill Street Well, 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.
Dated: ~ /% ~ ~. ~ /
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify ~hat
the foregoing is a true and accurate copy of that resolution adopted by the City
o,or o,
· Ka~n S. ~'o~h, Ci~-Clerk
AGREEMENT
THIS AGREEMENT made and entered into this __ ~ dalCof[( ~,~ . ,,2002,
by and between,City of Aspen, party .of the first [~a'~,--~ ------. ~hereinaft~[ ~alle~Owner.' and
of the second hereinafter called the "C.~ .ractor.k~ ~.~v ~
party
part.
WlTNESSETH: That for and in consideration of the 5romises contained in the Contract Documents,
of which this instrument is a part, the performance thereof, and the payments hereafter to be made.
the said parties hereby covenant and agree as follows:
1. In consideration of the covenants and agreements to be kept and performed by the
Contractor. and for the faithful performance of this Contract, and the completion of the work
embraced therein, according to the Drawings and Specifications and conditions herein
contained and referred to, the Owner shall pay, and the Contractor shall receive and accept
as full compensation for everything furnished and done by the Contractor under this
Agreement. and also for all loss and damage arising out of the nature of the work, the action
of the elements, or from any unforeseen contingencies or difficulties encountered in the
prosecution of the work, the prices stipulated in the Contractor's Proposal, which are made a
part of this agreement.
2. The Contractor. at his own cost and expense, shall do all work and furnish all labor.
proper
materials, tools, supplies, machinery, and other equipment that may be necessary for the
construction of
Mill Street Replacement Well (Well No. 3) (Project Title)
as outlined and as described in the Specifications and detailed on the Drawings.
3. The maintenance of a rate of progress Jn the work which will result in its completion within
the soecified time is an essential feature of the Contract, and the Contractor agrees to
proceed with all due diligence and care. at all times to take all precautions to insure the time
of completion as defined in this Agreement.
" C e
Said work shall be commenced within 10 days from the date of the Noti e t Proceed"; and
the Contractor shall have the work called for under the Contract fully completed within 36
consecutive calendar days from and including the date of the said "Notice to Proceed."
4. It is also understood and agreed that the Contract Documents, including any Addenda
thereto issued prior to the opening of bids, consisting of the Advertisement for Bids,
; Instructions to Bidders, General Conditions, Special Construction Provisions, Specifications,
Proposal, Notice of Award, Performance Bond, Payment Bond, Notice to Proceed, and
Drawings are all essential parts of this Agreement, and are each and all made a part hereof,
and have the same force and effect as if set forth at length herein.
P:\500000~500464-Aspen Well #3~bid documents\Contract Agreemt.doc
5. Pursuant to Section 24-91-103.6, C.R.S.. the Owner hereby states that it has appropriated
an amount equal to or in excess of the Contract amount. Owner sha~l not issue a Change
Order or other form of order or directive requinng additional compensable work to be
performed which work causes the aggregate amount payable under the Contract to exceed
the amount aopropriated for the original Contract, unless Contractor is given written
assurance by the public entity that lawful appropriations to cover the costs of the additional
work have been made or unless work is covered under a remedy-granting provision of the
Contract.
6. It is agreed by the parties to this Contract that this Contract shall be executed in five
counterparts, two copies being retained by the Owner, one to be delivered to the Contractor,
one to the Engineer, and one to the Contractor's Surety.
7. It is agreed by the parties to this Contract that this Agreement shall be binding upon the
Owner and the Contractor and upon all their successors, assigns, heirs, executors, and
administrators.
IN WITNESS WHEREOF. the Owner. party of the first part. has caused these presents to be
executed the day and year first above written, and the said party of the second Dart has caused
these presents to be executed and hereunto affixed its seal this ¢~.~,L- day of October, 2002.
/
(Owner)
ATTEST/WITNESS: ~ (~ ~ ~ ~ ~\ ~,~"~ m ~¥, ~
(Contractor)
(Corporation Secretary)
Title
(Corporate Seal)
P:~500000~500464-Aspen Well #3~bid aocurnents\Contract Agreemt.doc