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RESOLUTION # 55
(Series of 2006)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND STYERS CONSTRUCTION INe. SETTING
FORTH THE TERMS AND CONDITIONS REGARDING PUMP HOUSE
CONSTRUCTION ON THE GOLF COURSE 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 Stylers Construction Inc., 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 ofthe City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Styler Construction Inc. regarding the
construction of a Pump House for the Municipal Golf Course, 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: ~ ~ J 2MJy
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council ofthe City of Aspen, Colorado, at a meeting held July 24, 2006.
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CONTRACT FOR CONSTRUCTION
11II
THE em OF AsPEN
THIS AGREEMENT, made and entered into on July 24, 2006. by and between the CITY
OF ASPEN, Colorado, hereinafter called the "City", and Styers Construction. Inc ,
hereinafter called the "Contractor".
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: Pump House for the
Golf Course. 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:
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
described 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 Seventy
Seven Thousand Six Hundred Seventy One Dollars ($77.671.00) DOLLARS or
as shown on the BID proposal.
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 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 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.
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 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.
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 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 presumption shall arise for or against either party based on any alleged
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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.
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CITY o~ lPEN, COLORAZ j
By: R, 01~ Cw -( ..e..,
TitlefiSJdkw1 bo 4 Cyl€r
ATTESTED BY:
CONTRACTOR:
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Title:jJ~ )..2NW
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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.
.
CERTIFICATE OF INCORPORATION
STATE OF
COUNTY OF ~~
(To be completed if Contractor is a Corporation)
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On this ~ day of
me appeared
--:RIckard GfA/( ()1n!&e. A.A.,. ,4fttM ~ers to me
personally known, who, being by me first duly sworn, did say that s/he is
of
and that
the seal affixed to sa' ins ument 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.
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,20 CJb, before
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate
first above written.
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Notary Public
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