HomeMy WebLinkAboutresolution.council.104-04RESOLUTION # 1~
(Series of 2004)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO, AND GOLDEN EAGLE DRILLING CORPORATION, SETTING FORTH THE
TERMS AND CONDITIONS REGARDING RECONSTRUCTION OF THE RIO GRANDE
WELL 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 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
Rio Grande Well, a copy of which is armexed 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 that the foregoing is a
true and accurate copy of that~e~lption adopted by the City council of the City of ASpen, ..,
Colorado, at a meeting held~ ~ o~r~~...~
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on
ASPEN, Colorado, hereinafter called the "CitY",
hereinafter called the "contractor".
, by and between the CITY OF
and GOlden Eagle Drilling corporation,
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: Rio Grande Well Rehabilitation,
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 Construction
herein mentioned:
The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
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.
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 $ 106,000.00
DOLLARS or as ShOWn on the BID prOposal.
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
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10.
11.
12.
13.
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
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.
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 Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
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 their 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.
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 or the City may
assign this Contract For Construction 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 Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
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 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.
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.
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.
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
presumption shall arise 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.
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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:
Title:
RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
City Water Department
By:
City Attorney
ATTESTED BY:
CONTRACTOR:
By:
Title:
Note: Certification of Incorporation shall be executed if ContraCtor is a Corporation. If a
partnership, the Contract shall be signed by a PrinciPal and indicate title,
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF )
)ss.
COUNTY OF )
On this day of ~, 20
before me appeared
, to me personally known, who,
being by me first duly sworn, did say that s/he is of
and that the seal affixed
to said instrument is the corporate seal 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.
Notary Public
My commission expires:
Address
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