The URL can be used to link to this page

Home My WebLink Aboutbocc.con.099.1996 ��. � 1 :�i�';. .,,,: ��G_�� r.. �. . � CONTRACT DOCUMENTS i, Pitkin County Jafi Remadel Contractor. Laughing eear Construction 9372A Snowmass Creek Road ' Snowmass CO 81654 • i i ! owner_ Pitkin County Board of Commissioners 530 East Main Street,3rd F1oor : Aspen,CO 8�611 (9701920-52'i'i . : ! , � t Pitkin County Administration Offices August 1996 � i i i �'i. - . 4 4 ' ` . t .. �. , .,�� v , , . n..% y,.�* ti'.r '�� t ��j , ' �� `'- ,�. ,i',.. .trr.." , ..'1,'. . �. . ,.c _ . �' `+[ :}e,A:,c . - � , t;u�N��;. ri,;•�`y-�f . �;'� ,a�y��4:. ..,.: �.: .�. i. Agreement J�.�, '��'.".�' r . V',<. I �:4` j e r . j f # I _ i t i �7 I �� i � I ' / . .. � - � ��I � t .�u �y ', � , ;�.:t� . �� ...i S�r ti� �N. PlTKIN COUNTY CQJUSTRUCTION CONTRACT _ i;: ., AGREEMENT '�• :. . ;, �:',: TH15 AGREEMENT, made as of the 28th day of August, 1996, by and between the County of Pitkin, Colorado, a Colorado home-rule county, - thereinafter called the COUN7'Y) �aughing Bear Construction (hereinafter - -_ called the CONTRACTORI. _ °' k.; t WITNESSETH,that whereas tne County intends to Remode!the ,:` � � Pitkin CountY �ail, hereinafter called the PROJEC'f, in accordance with the r ` terms and conditions outlined in the Proposal Documents and the associ- � ated Plans and Specifications. NOW, THEREFORE, the County and the Contractor, for the 1. considerations hereinafter set forth,agree as follows: � �:f' 1. THE CONTRACTOR AGREES to furnish all the necessary tabor, $' materials, equipment, tools and services necessary to complete in a k+ workmanlike manner all tasks required within tne scope of work for the ; completion of the Project, in strict compiiance with the contract documents herein mentioned,which are made a part of this contract. a. �ONTRACT TIME AND LIQUIDATED DAMAGES, Work under • tnis Agreement shail be commenced by September 2, 1996, and shaU be � substantially completed by October 31, 1996, or the contractor hereby � agrees to pay County Liquidated Damages in the amount of S'100 per calendar day for each day or part of a day the Prolect is not completed by ,� the completion date here established. � b. SUB-CONTRACTORS. The C�ntractor agrees to bind ¢., every sub-contractor by the terms of the Contract Documents. The �. Contract Documents shall not be construed as creating any contractual retationship between the sub-contractor and the County. I 2. THE COUNTY AGREES to pay, and the Contractor agrees to accept, in fult payment for the performance of this Contract, the Contract � . with a top-set of S�900.00. as further defined in Section iii. ot tnese documents, subject to increase or decrease in accordance with the provisi- �, ons of tne Contract Documents. . a. Progress payments sha11 be made in accordance with ' , these Contract Documents. -- �� . ``,: � — � , , �•.��•. 5'�:` .. . . . � . .. y �.'S.:' �A''" ;.' `. 3. CONTRA�'L DOCUMENTS. In tlle event that any provision of �_�- `�. one Contract Document conflicts with the provision of another, the . '� provision in the Contract Document listed first below shall govern,except as �'�� .: otherwise specificaliy stated: i j` i. Agreement ii. Request for Proposal � fii. Contractors proposal(scope of worl� ; ::;z�` iv. Ceneral Conditions � = v. Required c�auses �� , vi. Change Order Form ; . vii. Notice of Non-compiiance 4. AUTHORITl'AND RESPONSIBILITY OF THE PROJECT MANAGER. ' Ali work shall be done under the general supervision and direction of the Project Manager or her designee. The Project Manager sha!!decide any and all questions which may arise as to the quality and acceptability of materiais �.� f' furnished,work performed, rate of progress of the work, interpretation of � the Contract,change orders(within tne limits of ner authority)and all otner questions as to the compliance with the Contract an the part of the � contractor. i � 5. SUCCESS RS A�IQ ASSlGNS. This Agreement and all of tne E covenants hereof shall insure to the benefit ot and be binding upon the � County and the Contractor respectively and their agents, representatives, � �� emploVees, successors, assigns and Iegai representatives. Neither the County nor the Contractor shaii have the rignt to assign, transfer or sublet his interest or obligations hereunder without the written consent of the f other party. , 6. 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 ciaim damages or to bring any suit,action or other proceeding against either the County or Contractor because of any breach nereof or because of any of the terms,covenants,agreements or conditions herein c�ntained. 7. WAIVER. No waiver of default by efther party of any of the terms,covenants or conditions hereof to be performed, kept and observed by tne other party shall be construed, or operate as, a waiver of any subsequent defauit of any of the terms, covenants or conditions herein contained,to be performed,kept and observed by the other partY. i . 1,:, M ' . , • ;, �;.,;�;;� ,� , �= ,'- r�•:�:. Y... �-'.. 8. Ac;REEMENT MADE IN GOLORADO. The partte5 agree that thls � `= . �` Agreement was made in accordance with tne laws of the State of Colorado '_ ., and shail be so construed. venue is agreed to be exclustvely in the courts of � �• Pitkin County,Colorado. • ��. . 9. ATTORNEY's FEES. In the event that tegal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shaii be entitted to its costs and reasonable attorney's fees. '! t: 10. WAIVER OF PRE�UMPTfON. Thls A9f@ettletlt wa5 118gOtieted "'' � and reviewed through the mutual efforts of the parties hereto and the � parties agree tnat no construction shail 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 drafttng of tnis Agreement. ; 11. A�JTHORiZED REPRESENTATIVE. The undersigned repre- sentative of Contractor, as an inducement to tne County to execute this Agreement, represents that he/she is an authorized representative of ?. Contractor for the purposes of executing tnis Agreement and that ne/she " has futl and complete authority to enter into tnis Agreement for tne terms and conditions specifled herein. IN WITNESS WHEREOF, the parties nave made and executed this Agreement,the day and year first above written. , COUNTY OF PITKIN,COLORADO LAUGHING BEAR CONSTRUCTION �'� � By. .�.--.� . By. Ji True,Chairman Ja s E.Co vard , 30 East Main Street / A``� `. �bCG ,w ��-y� 3rd Floor �rd"" - - � Aspen,CO 81611 EST: kin County lerk ( ,�.M_ � �;`,� .-. t � .x� i � � . . : .�.;. , � ..... ".' . �� "#'i'r >t � . , _ _ .. `.]: i� _',r -t. � i .:�,1'Sjt_�,43::?'.:c: i�.. n .-�.. �� - , . . ��}• . . . 'i�...:�lYYr1F'iti i/'Y..'",:�:.L.+kJ' t n"„_ C�,�. E"' " 7 . . .. � 5�v ,.y�, ' ,,�<..�.t•. , ,'��' ,:. .� RECOMMENDED FOR APPROVAL: , �.s ��', ::{; �..!%��. -L�e.. lva�(.e� }N�P ;;�: Templ�G{,�a s � Suz ne Ko chan t ��:-,.: : Project IVfanager Co Manager „. �ti;Y. . APPROVED AS TO FORM: �� ` 1�• _ - . .. i . . �;, ' �� Joh ! ; Co ntY Attorney r,, . i;y, 'i, (, � � R.., .;;� i i i � 4 -_ , � , _ _ - .',.--- w � ` � . <;=y= • w:: • .,,R