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Home My WebLink Aboutbocc.con.041.2000 MAY. 19. 2000 9:23AM PITKIN COUNTY PUBLIC WORKS NU. 461U N. 1 u ' APPRO ED BY BOCC CONTRACT# /. OND B B4_0 PITKIN COUNTY CONSULTANT CONTRACT AGREEMENT THIS AGREEMENT,made as of the 2,�day of Jha ,2000, by and between the County of Pitkin, Colorado,a Colorado h c-rule county, (hereinafter called the"COUNTY')and MK Centennial ercinafter called the "CONSULTANT"). WTNNESSTH,that whereas the County intends to retain a Consultant to perform Engineering Design Services for Owl Creek Road,hereinafter called the"PROJECT',in accordance with the terms and conditions outlined in the Scope of Services. NOW,THEREFORE,the County and the Consultant,for the considerations hereinafter set forth,agree as follows: 1. THE CONSULTANT AGREES to furnish all the necessary labor,materials, equipment,tools and services necessary to complete in a workmanlike manner all tasks required within the scope of work for the completion of the Project,in strict compliance with the contract documents herein mentioned,which are made a part of this contract. a. SUB-CONTRACTORS. The Consultant agrees to bind every sub-contractor by the terms of the Contract Documents. The Contract Documents shall not be construed as creating any contractual relationship between the sub- contractor and the County. 2. THE COUNTY AGREES to pay,and the CONSULTANT agrees to accept a total payment not to exceed$75,665.89,as further defined in Section ii. of these documents,subject to increase or decrease in accordance with the provisions of the Contract Documents. The Consultant shall invoice the County on a monthly basis for its services and payment shall be due thirty days after receipt of such invoice(s)in accordance with Pitkin County Finance Department procedures. a. Progress payments shall be made in accordance with these Contract Documents. 3. CONTRACT 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 govern,except as otherwise specifically stated: i. Agreement I Proposal(scope of work) iii. Required Clauses 4. AUTHORITY AND RESPONSIBILITY OF THE PROJECT MANAGER All work shall be done under the general supervision and direction of the Project Manager or 1 MAY. 19. 2000 9:23AM P11K1N CUUNIY YUfiL1C WUKKJ NU. 461U his/her designee. The Project Manager shall decide any and all questions which may arise as the quality and acceptability of materials Snnished,work performed,rate of progress of the work, interpretation of the Contract,change orders(within the limits of their authority)and all other questions as to the compliance with the Contract on the part of the Contractor. 5. SUCCESSORS AND ASSIGNS. This Agreement and all of the covenants hereof shall insure to the benefit of and be binding upon the County and the Contractor respectively and their agents,representatives,employees,successors,assigns and legal representatives. Neither the County nor the Contractor shall have the right to assign,transfer or sublet his interest or obligations hereunder without the written consent of the 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 claim damages or to bring any suit,action or other proceedings against either the County or Contractor because of any breach hereof or because of any of the terms,covenants,agreements or conditions herein contained. 7. WAIVER. No waiver of default by either party of any of the 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 of conditions herein contained,to be performed,kept and observed by the other party. 9. AGREEMENT MADE IN COLORADO. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions of this Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees. 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. 11. 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 for the terns and conditions specified herein. IN WITHNESS WHEREOF,the parties have made and executed this Agreement, the day and year first above written. 2 MAY. 19. 2000 9:24AM PITKIN COUNTY PUBLIC WORKS NU. ON Y. j COUNTY OF PTIKIN,COLORADO The Board of Commissioners Pitkin County,Colorado 530 E.Main Street Aspen,CO 81611 Shellie Roy-Harper,Chairperson Date ATTES'1-. k BY: Dep�#CIerk and Reeo Date BY: S Konch ,County Manager Date APPROVED AS TO FORM: BY: iJohn Ely,Attom i unty Date RECO DED F PROVAL: Zb/ 00 Tian Pettet,Deputy Director of Public Works D e CONSULTANT,SECOND PARTY MK Centennial 402 7'"Street,Atrium Suite I I I P.O. Box 309 Glenwood Springs,CO 81602 ATTEST: (SEAL) B Y• Title: ca �c �+ Title: ?zp Date: /ar�. aZ000 3