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HomeMy WebLinkAboutbocc.con.054.2000 CONTRACT # 2, � - 000 APPROVED BY BOCC ON PITKIN COUNTY CONSTRUCTION CONTRACT /J AGREEMENT THIS AGREEMENT,made this4 day of and between the County of Pitkin, Colorado, a Colorado home-rule county,(hereinafter called the"County")an (hereinafter called the"Contractor"). t� RECITALS A. The County intends to Owl Creek Road Paving Project, hereinafter called the"Project", in accordance with the terms and conditions outlined in the Contract Documents and the associated Plans and Specifications. B. Contractor's Proposal was the most responsive bid. NOW,THEREFORE,the County and the Contractor,for the considerations hereinafter set forth,agree as follows: 1. The Contractor agrees to furnish all supervisory labor, materials, equipment,tools, and services necessary to complete in a workmanlike manner all tasks required within the scope of work for die completion of the Project, in strict compliance with the contract documents herein mentioned,which are made a part of this Contract. 2. Contract Time and Liquidated Damages. Work under this Agreement shall be commenced by and shall be substantially completed by 31 October 2000, and punchlist completed fifteen (15) days thereafter,or the Contractor hereby agrees to pay County Liquidated Damages for delay(and not as a Penalty)in the amount of$ 1000.00 per calendar day for each day or part of a day the Project is not completed by the completion date here established. The parties agree that actual damages for delay in completion is difficult or impossible to accurately estimate at this time, that the sum stated is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. 3. Subcontractors. The Contractor agrees to bind every subcontractor by the terms of the Contract Documents. The Contract Documents shall not be construed as creating any contractual relationship between the subcontractor and the County. 4. PaSaue Con a&rees to�, and the Contractor agrees to accept, in full payment for the performance of this Contract,the total price ofeK ' - "[, {y X_ liarrss($706.183 0 accordance with the Contract Documents, subject to increase or decrease in accordance with the provisions of the Rntract Documents. 5. Payment Procedures: A. Contractor shall submit applications for payment in accordance with the General Conditions. Project Manager as provided in the General Conditions will process applications for payment. B. County shall make progress payments on account of the Contract Price on the basis of Contractor's applications for payment, as recommended by Project Manager,within forty-five(45)days of County's approval of Contractor's pay request. All progress payments will be on the basis of the progress of Project measured by the schedule of values provided for in the General Conditions. (1) If Contractor is satisfactorily performing this agreement,progress payments shall be in an amount equal to ninety(90)percent of the calculated value of any work completed, less the aggregate of payments previously made until fifty (50)percent of the work required by this agreement has been performed. Thereafter,unless a different arrangement is provided for in Special Conditions for contracts less than$80,000.00,County shall pay all remaining progress payments without retaining additional funds, if, in the opinion of the Project Manager and County, satisfactory progress is being made on the Project. If, in the opinion of the Project Manager and County,satisfactory progress is not being made on the Project, or if claims are filed under Section 38-26- 107,Colorado Revised Statutes, as amended,County may retain such additional amounts as County may deem necessary to assure completion of the Work or to pay such claims and any Project Manager's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of the Contract Documents. Progress payments shall not constitute final acceptance of the Work. (2) Payments will not be made for materials stored off-site(unless otherwise provided by Addendum or Change Order)but will be made for materials stored on-site. Contractor will remain responsible for security of the materials and the replacement at Contractor's sole cost of materials lost,damaged, destroyed or stolen. C. County shall make final payment, including release of retainage,to Contractor as recommended by Project Manager,and in accordance with the Contract Documents and Section 38-26-107,C.R.S. and Section 24-91-103,C.R.S. 6. Contract Documents. The Contract consists of the documents listed below and references to Contract, Contract Documents, or Agreement includes all such documents. In the event that any provision of one Contract Document conflicts with the provision of another,the provision in the Contract Document listed first below shall govem,except as otherwise specifically stated. A. Pitkin County Construction Contract Agreement; B. County Required Clauses; C. Request for Proposal; D. Proposal; E. Bond; F. Notice of Award; G. Notice to Proceed; H. Project Drawings and Specifications; 1. Special Conditions; J. General Conditions; K. Change Order Form; L. Any modifications, change orders, shop drawings, schedule of values, or other such revisions properly submitted and accepted or authorized after the execution of this Agreement; M. Notice of Substantial Completion and Notice of Final Completion and Acceptance. 7. Authority and Responsibility of the Project Manager. All work shall be done under the general supervision and direction of the Project Manager or his/her designee. The Project Manager shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, interpretation of the Contract, change orders(within the limits of her authority)and all other questions as to the compliance with the Contract on the part of the Contractor. 8. Third Parties. 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 Contractor or-County may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit,action or other proceeding against either the County or Contractor because of any breach or because of any of the terms or conditions herein contained. 9. Waiver. No waiver by either party of any right, term or condition of the Contract Documents shall be deemed or construed as a waiver of any other right,term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach,whether of the same or of a different provision of the Contract Documents. 10. Waiver of Presumption. This Agreement was negotiated and reviewed 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 Agreement. ]L Authorized Representative. The undersigned representative of Contractor, as an inducement to the County to execute this Agreement,represents that he/she is an authorized representative of Contractor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of Contractor. 12. Contractor's Representations. A. In order to induce County to enter into this Agreement,Contractor makes the following representations: (1) Contractor has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost,progress,or performance of Project. (2) Contractor has carefully studied the site and has performed all necessary investigations, tests, subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. (3) Contractor has made or caused to be made examinations,investigations,and tests and studies of such reports and related data as he deems necessary for the performance of Project at the Agreement Price, within the Contract time, and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations,tests,reports, or similar data are or will be required by Contractor for such purposes. (4) Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. (5) Contractor has given Project Manager written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents,and the written resolution thereof by Project Manager is acceptable to Contractor. 13. County's Representations. A. County makes the following representations: (1) Authority exists in the law and County has budgeted, appropriated and otherwise made available funds equal to,with a sufficient unencumbered balance thereof remains available,for payment of or in excess of the Agreement Price. (2) County, by issuing any Change Order or other form of order or directive requiring additional compensable work to be performed by Contractor, which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement Price, represents to Contractor, that lawful appropriations to cover the costs of the additional work have been made. 14. Miscellaneous. A. Terms used in this Agreement,which are defined in Part 1 of the General Conditions,shall have the meanings indicated in the General Conditions. B. If any term, section, or other provision of the Contract Documents shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section, or other provision shall not affect any of the remaining provisions of the Contract Documents,and to this end,each term,section and provision of the Contract Documents shall be severable. C. None of the remedies provided to either party under the Contract Documents shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party may then be entitled. Every obligation assumed by, or imposed upon,either party hereto shall be enforceable by any appropriate action,petition or proceeding at law or in equity. In addition to any other remedies provided by law,the Contract Documents shall be specifically enforceable by either party. D. This Agreement may be executed in multiple counterparts,each of which shall constitute an original, but all of which shall constitute one and the same document. E. Unless otherwise expressly provided,any reference herein to days shall mean calendar days. All times stated in the Contract Documents are of the essence. IN WITNESS WHEREOF,the parties have made and executed this Agreement. COUNTY OF PITKIN,COLORADO SEMA Construction. Inc. (company name) By: B : GEC Shellie Roy—Harper, Chairperson (natn )Ted Lau ick, VP of Administration 530 East Main Street, 3`d Floor Aspen,Colorado 81623 Date: A ST: Je He Jones,Depy County Clerk g V -00 APPROVED AS TO FORM: MANAGER APPROVAL: 1 1 ohn Ely,County Attorney Suz a Koncha� ,County Manager RECOMMENDED FOR APPROVAL: Stan Berryman, bliccorks Director g/d/constcon.doc